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. 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. Adtn.; City of St. Louis v. Riche son, 76 Mo. 470.
A general monition is a citation or sum mons to a11 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 cases, admiralty suits for forfeitures, and other suits in rem, when no particular indi viduals are summoned to answer. In such cases the taking possession of the property libelled, and this general citation or moni tion served according to law, are considered constructive notice to the world of the pend ency of the suit; and the judgment render ed thereupon is conclusive upon the title of the property which may be affected. In form, the monition is substantially a war rant of the court, in an admiralty cause, di rected to the marshal or his deputy, com manding 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 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 moni tion. 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 warant. 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 leav ing it at his usual place of residence.
A special monition, is a similar warrant, directed to the marshal or his deputy, re quiring. him to give special notice to certain persons, named in the warrant, of the pend ency of the suit, the grounds of it, and the time and place of trial. It is served by de livery of a copy of the warrant, attested by the officer, to each one of the adverse par ties, 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. Pr. 135. See Conkl. Adm.; Pars. Marit. Law.