Diligence

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.

The degree of care and attention which the law exacts from a person in a particular situation or a given relation' to another person. The word finds its most frequent application in the law of Bailments and of Negligence. Indeed it may be termed the correlative of negligence. DIME (Lat. decent, ten). A silver coin of the United States, of the value of ten cents, or one-tenth of the dollar.

Prudence; vigilant activity; attentiveness; or care, of which there are infinite shades, from the sligfitest momentary thought to the most vigilant anxiety; but the law recognizes only three degrees of diligence:
(1) Common or ordinary, which men, in general, exert in respect of their own concerns; the standard is necessarily variable 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 cencerns.
(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 the common law. It lays down three degrees of diligence,—ordinary, (diligentia;) extraordinary, (exactissima diligentia;) slight, (levissima diligentia.) Story, Bailm. 19. There may be a high degree of diligence, a common degree of diligence, and a slight degree of diligence, with their corresponding degrees of negligence, and these can be clearly enough defined for nil practical purposes, and, with a view to the business of life, seem to be all that are really necessary. Common or ordinary diligence is that degree of diligence vvhich men in general exercise in respect to their own concerns; high or great diligence 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 concerns. Ordinary negligence is the want of ordinary diligence; slight, or less than ordinary, negligence is the want of great diligence; and gross or more than ordinary negligence is the want of slight diligence. Railroad Ca. v. Rollins, 5 Kan. 180. Other classifications and compound terms.

— Dne diligence. Such a measure of prudence, activity, or assiduity, as is properly to be expected from, and ordinarily exercised by, a reasonable and prudent man under the particular circumstances ; not measured by any absolute standard, but depending on the relative facts of the special case. Perry v. Cedar Falls, 87 Iowa, 315, 54 N. W. 225; Dillman v. Nadelhoffer, 160 111. 121, 43 N. E. 378; Hendricks v. W U. Tel. Co... 126 N. C. 304, 35 S. E. 548, 78 Am. St Rep. 658; Highland Ditch Co. v. Mumford, 5 Co.lo. 336

— Extraordinary diligence. That extreme measure of care and caution which persons of unusual prudence and circumspection use for securing and preserving their own property or rights. Civ. Co.de Ga. 1895, § 2899; Railroad Co., v. Huggins, 89 Ga. 494, 15 S. E. 848; Railroad Co. v. White. 88 Ga. 805. 15 S. E. 802

— Great diligence. Such a measure of care, prudence, and assiduity as persons of unusual prudence and discretion exercise in regard to any and all of their own affairs, or such as persons of ordinary prudence exercise in regard to very important affairs of their own. Railway Co. v. Rollins, 5 Kan. 180; Litchfield v. White, 7 N. Y. 438, 57 Am. Dec. 534; Rev. Codes N. Dak. 1899, § 5109

— High diligence. The same as great diligence

— Low diligence. The same as slight diligence.

— Necessary diligence. That degree of diligence which a person placed in a particular situation must exercise in order to entitle him to the protection of the law in respect to rights or claims growing out of that situation, or to avoid being left without redress on account of his own culpable carelessness or negligence. Garahy v. Bayley. 25 Tex. Supp. 302 ; Sanderson v. Brown, 57 Me. 312.

— Ordinary diligence. that degree of care which men of common prudence generally exercise in their affairSj in the country and the age in which they live. Erie Bank v. Smith, 3 Brewst. (Pa.) 9; Zell v. Dunkle, 156 Pa. 353, 27 Atl. 38: Railroad Co. v. Scott. 42 111. 148; Briggs v. Taylor, 28 Vt. 184; Railroad Co. v. Fisher, 49 Kan. 460, 30 Pac. 462; Rnilroad Co. v. Mitchell, 92 Ga. 77, 18 S. E. 290.

— Reasonable diligence. A fair, proper, and due degree of care and activity, measured with reference to the particular circumstances; such diligence, care, or attention as might be expected from a man of ordinary prudence and activity. Railroad Co v. Gist, 31 Tex. Civ. App. 662, 73 S. W. 857; Bacon v. Steamboat Co., 90 Me. 46, 37 Atl. 328; Latta v. Clifford (C. C.) 47 Fed. 620; Rice v. Brook (C. C.) 20 Fed 614

— Special diligence. The measure of diligence and skill exercised by a good business man in his particular specinity, which must be commensurate with the duty to be performed and the individual circumstances of the case; not merely the diligence of an ordinary person or non-specialist. Brady v. Jefferson, 5 Houst. (Del.) 79. In Scotch law and practice. Process of law, by which persons, lands, or effects are Beized in execution or in security for debt. Ersk. lust 2, 11, L Braude. Process for enforcing the attendance of wiinesses, or the production of writings. Ersk. Inst. 4, 1, 71.

Care, — of which there are infinite shades, from the slightest momentary thought, or transient glance of attention, to the most vigilant anxiety and solicitude. In the law of bailment, there are three grades, — great or extraordinary, common or ordinary, low or slight As applied to the holder of a bill or note, to charge the indorser, a reasonable effort to find the maker or acceptor, v. Due diligence; Negligence; Ordinary care; Ordinary diligence.

In Scots law. Process of law, by which persons, lands or effects are seized in execution or in security for debt; process for enforcing the attendance of witnesses, or the production of writings.

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.

1. In the law of bailment md of common cairiers of persons is opposed 0 " negligence," and synonymous with ' care " in its three degrees of slight, ordilary, and extraordinary or great. * Due diligence. What constitutes " due liligence," in an action to recover damages a,used by negligence, is for the jury; and he burden of proof is with the plaintiff to how the negligence. 6 Ordinary diligence. That degree of care, ittention, or exertion which, under the ciriumstances, a man of ordinary prudence and liscretion would use in reference to the paricular thing were it his own property, or in bing the particular thing were it bis own oncern.' " Common " or " ordinary " diligence is that degree f diligence which men in general exert in respect to leir own concerns, and not any one man in partiolar.9 See further Bailment; Cake; Gabbier; Negli-

In Scotch law, a process of execution for debt. Dillonques,/r. Prom thence after that time.

[Lat. diligentia, q. v.] In the law of bailment. Care; carefulness; attention. ''There are infinite shades of care or diligence, from the slightest momentary thought, or transient glance of attention, to the most vigilant anxiety and solicitude." Jones on Bailm. 5. But only three degrees of diligence are generally recognized, viz.: high, great or extraordinary diligence; common or ordinary diligence; and low or sliglit diligence. Story on Bailm. §§ 11, 16. Common, or ordinary diligence is that degree of diligence which men, in general, exert in respect to their own concerns. It may be said to be the common prudence which men of business and heads of families usually exhibit in affairs which are interesting to them. Id.% 11.