MONITION. In Practice. A process in the nature of a summons, which is used in the civil law, and in those courts which de= rive their practice from the civil law. See Benedict, Adm.
A general monition is a citation or sum mons to all persons interested, or, as is com monly 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 eases, adtuiralty suits for forfeitures, and other suits in rem, when no particular in dividuals 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 con structive 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 aditiralty cause, directed to the marshal or his deputy, commanding him,. in the name of the president of the United States, to give public notice, by advertise ments 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 mixed monition is one which contains directions for a general monition to all per sons interested, and a special summons to particular persons named in the warrant. This is served by newspaper advertisements, by notifications posted in public places, and by delivery of a copy attested by the officer to each person specially named, or by leaving it at his usual place of' residence.
A special monition is a similar warrant, directed to the marshal or his deputy, requir ing him to give special notice to certain per sons, 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. Clerke, Prax. tit. 21 ; Dunlap, Adm. Pract. 135. See Conkling, Adm.; Parsons, Marit. Law.