Page:Black's Law Dictionary (Second Edition).djvu/377

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DILIGENCE 369 DIOCESAN

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 which 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 Co. v. Rollins, 5 Kan. 180.

Other classifications and compound tenne.—Due diligence. Such a measure of pnidcnce, actiiity, or nssiduity. us is prop_eri_v to he expected from, and ordinarily exercised by, a reasonable and prudent man under the [milirular circumstances: not measured by any nlvxolute standard, but dependinv on the rela- liin facts of the special case. fierry v. Cedar l‘.:lls, 87 Iowa, 315, 54 N. . 223: Dillman r. Nadelhofir-.r. 160 Ill. 121, 43 N. E. 378: llenrlricks v. W. U. Tel. 00., 126 N. C 3‘: E. 543 73 Am. St Rap. I‘-.'1 ' Ditrh Co. v. Iumford. 5 Coin. 336 dinury diligence. That extreme measure of (‘are rind caution which persons of unusual pru- dence and circumspection use for securing and preserving their own property or rights. C-iv. (‘ode Ga. 139-'-. § 2899: Railroad Co. v. IIuggi 89 Ga. 494. 15 S. E. 848; Railroad Co. r. iiite, 88 Ga. 805. 15 S. E. Sr02.—Greii.t diligence. Such a measure of care. pnidencc. and assiduity as persons of unusual prudence nnd discretion exercise in regard to anv and nil of their own alfairs, or such as persons of ordi- nnrv prudence exercise in regard to very important aifairs of their own. Itniliray Co. V. ilnliius. 5 Kim. 180: Litclifleld v Wl1ite, 7 N. Y. 433. 57 Am. Dec. 534: Rev. Codes N. Dali. 1899. § 5‘,l,O‘.).—High diligence. The same as great dlii_genl‘e.—Law diligence. The same as slight ding ce.—Necessnry 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 clilpable carelessness or nrzligence. Garahy v. Hayley. 25 Tex. Supp. 302: Sanderson v. Brown, 57 Me. 3]2.—0rdi- nary diligence is that degree of care which men of common prudence generally exercise in ll-eir affairs. in the country and the are in which they hve. Erie Bank v. Smith 3 Brewst. (Pa) 9: Zcli v. Dunkie. 156 Pa. 3.1, 27 At]. 38' Railroad Co. v. Scott, 42 Ill. 1413: Briggs v, aylor 28 Vt. 134; Railroad Co. v. Fisher, 4, an. 0. 30 P110. 462: Railroad Co. v. Mitchell. 92 Ga. 77. 18 S. E. 290.—Reasnnable dil- Igenoa. A fair. proper, and due degree of care nnd activity, measured with reference to the particular circumstances; such diligence, care. or attention as might be expected from a man 0|’ ordinary prudence and activity Railroad Co v. Gist, 31 Tex. Civ. App. GG2. 73 S. W. 8."; Bacon v. St:-nmhoat Co.. 90 Me. 46. 37 All. 323; Latte v. Clifford (C ) 47 Fed. (320: Rue v. Brook (C. C.) 20 Fed. (‘:1-}.—S1iec dill e measure of diligence and a good business man in his pm I‘- which must be commensurate with the duty to be performed a.nd the induidua] ‘ cumstances of the case: not merely the rriire of an ordinary erson or non-specialist. Brady v. Jefierson, 5 ilioust. (Del.) 79.

In Scotch law and practice. Process of low, by which persons, lands, or effects are seized In execution or in security for debt Ersk inst. 2. 11. 1. Brande. Process for enforcing the attendance of witnesses, or the production or writings. E1-sir. Inst. 4. 1. T1.

DILIGIATUS. (Fr. De lone electua, Lat.) Outlawed.

DILLIGROUT. In old English law. Pottage formerly made for the king's table on the coronation day. There was a tenure in serjeantry, by which lands were held of the king by the service of finding this pottage at that solemnity.

DIME. A silver coin of the United States, of the value of ten cents, or one-tenth of the dollar.

DIMIDIA, DIMIDIUM, DIMIDIUS. Half: :1 half; the half.

DIMIDIETAS. The moiety or half of a thing.

DIMINUTIO.}} In the civil law. Dimi- nutiou; a taking away; loss or deprivation. Dlnrlnutio capilis. loss of status or condition. See CAPITIS DIMINUTIO.

DIMINUTION. Incompleteness. A word signifying that the record sent up from an inferior to a superior court for review is icnomplete, or not fully certified. In such case the party may suggest a “diminution of the record," which may be rectified by a cartioru/ri. 2 Tidd. Fr. 1109

DIMJSI. In old conveyancing. I have demised_ Dimisi, conccssi, at ad firmam trap didi, have demised. granted, and to farm let. The usual words of operation in a lease. 2 Bl. Comm. 317. 318.

DIMJSIT. In old conveyancing. file] has demised. See DIMISI.

DIMISSORIE LITTERE. In the civil law. Letters diniissory or dlsrnlssory. com- monly called "apostles." (qua 1-‘ill_!]0 «mastoid dicimmr.) Dig. 50, 18, 106 See A1=os'i'o1.i, Arosruss

DIMJSSORY LETTERS. Where a candldate for holy orders has a title of ord.in.-1- tion in one diocese in England, and is to be ordained in another, the hishop of the former diocese gives letters dimlssory to the bishop of the latter to enable him to ordain the candidate. Holthouse.

DINARCHY. A government of two persons. DINERO. In Spanish law. Money.

I)in.cro oantudo. money counted. Wbite, New Recap. b. 2. tit. 13, c. 1. § 1.

In Roman law. A civil division of the Roman empire. embracing several provinces. Calvin.

DIOCESAN. Belonging to a diocese; a bishop, as he stands related to his own clergy or flock.

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Bl.Law Dict.(2d Ed.)—24