Diligence
The Cyclopedic Law Dictionary · Walter A. Shumaker and George Foster Longsdorf; ed. James C. Cahill · 1922
The Cyclopedic Law Dictionary
In Scotch law
Process; execution. Diligence Against the Heritage. A writ of execution by which the creditor proceeds against the real estate of the debtor.
Diligence Incident
A writ or process for citing witnesses and examining havers. It is equivalent to the English subpoena for witnesses, and rule or order for examination of parties and for interrogatories. Diligence to Examine Havers. A process to obtain testimony, equivalent to a bill of discovery in chancery, or a rule to compel oral examination and a subpoena duces tecum at common law. Diligence Against the Person. A writ of execution, by which the creditor proceeds against the person of the debtor; equivalent to the English ca. sa.
Second Diligence
Second letters Issued where the first have been disregarded. A similar result is produced in English practice by the attachment for contempt.
Summary Diligence
Diligence issued in a summary manner, like an execution of a warrant of attorney, cognovit actionem, and the like, in English practice.
Diligence Against Witnesses
Process to compel the attendance of witnesses; equivalent to the English subpoena. See Paterson, Comp. DILIGIATUS (Law Lat. from di, away, and ligius, or ligiatus, under the protection of the law).
In old English law
Cast out of the law's protection, ejectus e patrodnio legis; outlawed; an outlaw. Spelman; LL. Hen. I. c.
45.