Page:Black's Law Dictionary (Second Edition).djvu/376

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


DIGEST

DIGEST. A collection or compilation, embodying the chief matter of numerous books in one, disposed under proper heads or titles, and usually by an alphabetical arrangement, for facility in reference.

As a legal term, "digest" is to be distinguished from “:1hl‘id;'mei:|t" The latter is a. sum- mary or epitome of the contents of a single work, in which, as a rule, the original_order_or sequence of parts is preserved, and _in _which the principal labor of the cumpiler is VII: the matter of consolidation. A digest is mder in its scope; is made up of quotations or para- plirnsed passages: and has its own system of classification and arrangement. An "index" mt-rely points out the places where particular matters may he found, without purporting to

ive such matters in ea-tense. A ‘_‘ti-natise‘ or ‘cnmmenmi-y“ is not a compilation, but an ori__-iuui composition, tbough it may include quotations and excerpts.

A reference to the “Dlgest," or “Dig.," is always understood to designate the Digest (or I'andeci:s) of the Justinian collection; that being the digest par eznimmcc, and the authoritative compilation of the Roman law.

DIG]-:S'l‘A. Digests. One of the titles of the Pandects at Justinian. Inst. praam, § 4. Bracton uses the singular, "Digestum." Bract. £01. 19.

DIGESTS. The ordinary name or the Pandects of Justinian, which are now usually cited by the abbreviation “Dig." instead of ‘‘Ft'., as formerly. Sometimes called "Digest," in the singular.

DIGGING. Has been held as synony- mous with “excavating," and not confined to the removal of earth. Sherman v. New York, 1 N. Y. 318.

DIGNITARY. In canon law. A person holding an ecclesiastical benetice or dignity. which gave him some preeminence above mere priests and canons. To this class ex- clusively belonged all bishops, deans, arch- deacons, etc.; but it now includes all the prebendartes and canons of the church. Brande.

DIGNITY. In English law. An honor; a title, station, or distinction of honor. Dignities are a species of incorporeai heredita- ments, in -which a person may have a prop- erty or estate. 2 Bl. Comm. 37; 1 Bl. Comm. 393; 1 Crabh. Real Prop. 468. et seq.

DIJUDICATION. Judicial decision or determination. DILACION. In Spanish law. A space

of time granted to a party to a suit in which to answer a demand or produce evidence of a disputed fact.

DILAPIDATION. A species of ecclesi- astical waste which occurs whenever the icnumbent suffers any edifices of his ecclesiastical living to go to ruin or decay. It is ei-

368

DILIG ENCE

ther voluntary, by pulling down, or permissive, by suffering the church, pursuing» houses, and other buildings thereumu IQ- longing. to decay. And the remeiiy for eithj lies either in the spiritual court, where we canon law prevails, or in the courts of com- mon law. It is also held to be good mum of deprivation if the bishop, parson, or other ecclesiastical person dilapidates building: or cuts down timber growing on the patriumrs of the church. unless for necessary repair: and that a writ of prohibition will also lie against him in the common-law courts. 3 Bl. Comm. 91.

The term is also used. in the law of land- lord nnd tenant. to signify the neglect of necessary repairs to a building, or suffering it to fall into a state of decay, or the pulling down of the building or any part or it.

Dilationas in legs aunt odioaaa. in law are odious. Branch, Princ

Delays

DILATORY. Tending or intended to cause delay or to gain time or to put all a decision —Dilatoty defense. In chancery practice. One the object of which is to dismiss, suspend, or obstruct the suit, without touching the men its, until the impediment or obstacle iusistnl -Ii] shall be removed 3 Bl. Comm. 301, 302.—Dl1- atoty pleas. A class of defenses at common law, founded on some matter of fact not con- uected with the merits of the case, but such as might exist without iuipeaching the right of action itself. They were either pleas to the io- r-isdirtiovi. showing that, by reason of some mllt~ ter therein stated, the case was not within the jurisdiction of the court; o1 pleas in suspension, showing some matter of temporary inca- pacity to proceed with the suit; or plans in ulmirrmcnt, showing some matter for ahatement or quushing the declaration. 3 Sreph. (lonini. 5'76. Parks v. McClellan, 44 ‘N J. Law. 558; Mahoney v. Loan Ass’n (C-. C) 70 Fed. 515.

DILIGENCE. Prudence; vigilant activity; attentiveness; or care, of which there are infinite shades, from the slightest mo- mentary thought to the most vigilant anx- iety; but the law recognizes only three de- grees of diluent-e: (1) Common or ordinary, which men, in general, exert in respnt at their own concerns; the standard is necessarily variable with respect to the facts al- though 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 cuncerus. (3) Low or slight, which is that which persons of less than common prudence, or l-\- deed of no prudence at all, take of their own CODCETDS.

The cii a law is in perfect conformity with the common law. It lays down three degrees of diiigence.—ordinary, (di'li'_r;cntiu.,j extra- ordinary, (ezactissiiiiu. diligciiiin ;) siuzht. (lcvissmzu. diligcntia.) Story, Baiini. 19.

There may be a high degree of diligence, in common degree of diligence, and a slight de- grce of diligence, with their corresponding de- grees of ncgligcnce, and these can be clearly

enough defined for all practical purposes, and,