Monition

In Practice. A process in the nature of a summons, which is used in the civil law, and in those courts which derive their practice from the civil law. In the English ecclesiastical courts it is used as a warning to a defendant not to repeat an offence of which he had been convicted. See Bened. Adm.; City of SL Louis v. Richeson, 76 Mo. 470. A general monition is a citation or summons to all persons interested, or, as is commonly said, to the whole world, to appear and show cause why the libel filed in the case should not be sustained, and the prayer of relief granted. This is adopted in prize cases, admiralty suits for forfeitures, and other suits in rem, when no particular individuals are summoned to answer. In such cases the taking possession of the property libelled, and this general citation or monition served according to law, are considered constructive notice to the world of the pendency of the suit; and the Judgment rendered thereupon is conclusive upon the title of the property which may be affected. In form, the monition is substantially a warrant of the court, in an admiralty cause, diluted to the marshal or his deputy, commanding him, in the name of the president of the United States, to give public notice, by advertisements in such newspapers as the court may select, and by notifications to be filed in a certain admiralty cause pending, and of the time and place appointed for the trial. A brief statement of the allegations in the libel is usunilly contained in the monition. The monition is served in the manner directed in the wdrrant. A mixed monition is one which contains directions for a general monition to all persons interested, and a special summons to particular persons named In the warant. This Is served by newspaper advertisements, by notifications posted in public places, and by delivery of a copy attested by the oflicer to each person specially nafned, or by leaving it at his usual place of residence. A special monition, is a similar warrant, directed to the marshal or his deputy, requiring him to give special notice to certain persons, named in the warrant, of the pendency of the suit, the grounds of it, and the time and place of trial. It is served by delivery of a copy of the warrant, attested by the officer, to each one of the adverse parties, or by leaving the same at his usual place of residence; but the service should be personal, if possible. Gierke, Prax. tit 21; Dunlap, Adm. Pr. 136. See Conkl. Adm.; Pars. Marit. Law.

In practice. A monition is a formal order of the court commanding something to be done by the person to whom it is directed, and who is calied the "person monished." Thus, when money is decreed to be paid, a monition may be obtained commanding its payment In ecclesiastical procedure, a monition is an order monishing or warning the party complained against to do or not to do a certain act "under pain of the law and contempt thereof." A monition may also be appended to a sentence inflicting a punishment for a past offense; in that case the monition forbids the repetition of the offense. Sweet.

In admiralty practice. The summons to appear and answer, issued on filing the libel; which is either a simple monition in personam or an attachment and monition in rem. Ben. Adm. 228, 239. It is sometimes termed "monition vits et modis," and has been supposed to be derived from the old Roman practice of summoning a defendant. Manro v. Almeida, 10 Wheat. 490, 6 L. Ed. 369 The monition, in American admiralty practice, is, in effect, a summons, citation, or notice, though in form a command to the marshal to cite and admonish the defendant to appear and answer, and not a summons addressed to the party. 2 Conk. Adm. (2d Ed.) 147.

— General monition. In civil law and admiralty practice. A monition or summons to all parties in interest to appear and show cause against the decree prayed for.

A process in the nature of a summons, issued, as in the admiralty and in ecclesiastical courts, by courts which proceed according to the civil law. The monition in the admiralty is general, special or mixed, — general, when it cites all interested persons; special, when it cites persons named; mixed, when it is both general and special.

In practice. A monition is a formal order of the court commanding something to be done by the person to whom it is directed, and who is called the “person monished.” Thus, when money is decreed to be paid, a monition may be obtained commanding its payment. In ecclesiastical procedure, a monition is an order monishing or warning the party complained against to do or not to do a certain act “onder pain of the law and contempt thereof.” A monition may also be appended to a sentence inflicting a punishment for a past offense; in that case the monition forbids the repetition of the offense. Sweet.

In admiralty practice. Ihe summons to appear and answer, issued on filing the libel; which is either a simple monition in personam or an attachment and monition tz rem. Ben. Adm. 228, 239. It is sometimes termed “monition viis et modis,” and has been supposed to be derived from the old The monition, in American admiralty practice, is, in effect, a summons, citation, or notice, though in form a command to the marshal to cite and admonish the defendant to appear and answer, and not a summons addressed ta the party. % Conk. Adm. (2d Hd.) 147.

5 A process, in the nature of a summons, issued by courts proceeding according to the civil law; in particular, by admiralty courts.^ 1 See E. S. §§ 4037-^8; 1 Sup. E. S. p. 155. Compai-e 3 & 4 Vict. c. 96; 11 & 12 Vict. o. 88. ! Mercantile Bank v. New York, 121 U. S. 163. 155-57 (1887), Matthews, J. See on same subject. Bank of Eedemption v. Boston, 126 id. 60 (1888); Hepbui-u v. School Directors, 23 Wall. 480, 483 (1874); First Nat. Bank of Utica V. Waters, 19 Blatch. 242 (1881); Evansville Nat.' Bank v. Britton, 105 U. S. 322 (1881); Boyer V. Boyer, 113 id. 689 (1886); Mc Mahon v. Palmes', 102 N. T. 176, 188 (1886): Wasson v. First Nat. Bank of Indianapolis, 107 Ind. 206 (1886); Richards v. Town of Rock Rapids, 31 F. R. 508 (1887); Tennessee v. Whitworth, under Tax, 2. 'Mann v. Mann, 14 Johns. *12 (1816); 1 Johns. C2i. 231; 9 Barb. 35; 4 Jones, Eq. 244. * Branch v. United States, 13 Ct. CI. 289 (1876). General monition. A citation or summons to all persons interested to appear and show cause why the libel should not be sustained and the prayer for relief granted. Special monition. A similar warrant giving special notice to persons named, of the pendency of the suit, the grounds of it, and the time and place of trial. Mixed monition. Contains directions to all persons interested and a special summons to particular persons. 1 Acts of Congress and the rules and practice of the courts prescribe the time and manner of notice and service of the several writs. A writ may issue upon libel or information against a promissory note to attach, seize, or arrest it.^ See Res, 3.

A summons to the defendant to appear and answer, issued on filing the libel in ecclesiastical and admiralty courts.

The name of the process, in the nature of summons, corresponding to the writ at common law, and law, particularly the admiralty and the ecclesiastical courts. The monition, in American admiralty practice, is, in effect, a summons, citation, or notice; though in form a command to the marshal to cite and admonish the defendant to appear and answer, and not a summons addressed to the party. 2 Conkl. Adm. 2d ed. 147. The monition is the common admiralty citation or summons, and is either general, special, or mixed. The general monition is a citation or summons to all persons interested, or, as is commonly said, to the whole world, to appear and show cause why the libel should not be sustained, and the prayer of relief granted. This is adopted in prize causes, admiralty suits for forfeitures, and other suits in rem, where no particular individuals are summoned to answer. In such cases the taking possession of the property libelled, and this general citation or monition, served in the manner directed by the rules of the court, are considered constructive notice to the world of the pendency of the suit. The monition is a warrant of the court, directed in the United States to the marshal or his deputy, commanding him, in the name of the president, to give public notice, by advertisements in such newspapers as the court may select, and by notifications to be posted in public places, that a libel has been filed in a certain admiralty cause pending, and of the time and place appointed for the trial. A brief statement of the allegations in the libel is usually contained in the monition. The monition is served in the manner directed in the warrant. A special monition is a similar warrant, directed to the marshal or his deputy, requiring him to give special notice to certain persons, named in the warrant, of the pendency of the suit, the grounds of it, and the time and place of trial. This is served by a delivery of a copy of the warrant, attested by the officer, to each one of the adverse parties, or by leaving the same at his usual place of residence; but personal service should be made if possible. Sometimes the monition is of a mixed character, and contains directions for a general monition to all persons interested, and a special summons to particular persons named in the warrant. This is usually served by newspaper advertisements, by notifications posted in public places, and by the delivery of a copy, attested by the ofilcer, to each person specially named, or by leaving it at his usual place of residence. Dunlap, Adm. Prae. 132.