Diligence

— Prudence; vigilant activity; attentiveness;

— or care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anxiety; but the law recognizes only three degrees of diligence: (1) Common or ordinary, which men, in general, exertin respect of their own concerns; the slandard is necessarily varlable with respect to the facts, although it may be uniform with respect to the principle. (2) High or great, which is extraordinary diligence, or that which very prudent persons take of their own concerns. (3) Low or slight, which is that which persons of less than common prudence, or indeed of no prudence at all, take of their own concerns.

The civil law is in perfect conformity with thecommon law. It lays down three degrees of diligence,—ordinary, (diligentia;) extraordinary, (cwactissima diligentia;) slight, (devissima diligentia.) Story, Bailm. 19. There may be a high degree of diligence, a commou degree of diligence, and a slight degree of diligence, with their corresponding degrees of negligence, and these can be elearly enough defined for all practical purposes, and, with a view to the business of life, seem to be all that ara really necessary. Common or ordinary diligence is that degree of diligence which men in general exercisa in respect totheir own concerns; high or greatdiligence is of course extraordinary diligence, or that which very prudent persons take of their own concerns; and low or slight diligence is that which persons of less than common prudence, or indeed of any prudence at all, take of their own negligence is the want of great diligence; and gross or more than ordinary negligence is the want of slight diligence.

5 Kan, 180.

In Scotch law and practice. Trocess of law, by which persons, lands, or effects are seized in execution or in security for debt.

Ersk. Inst. 2, 1], 1. Brande.

Process for enforcing the altendance of witnesses, or bhe production of writings.

Ersk. Inst. 4,1, 71.