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Home » Law Dictionary » M » MONITION

MONITION

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

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 nionished.” 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 vUs 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 tor.

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