KFLCC Kingdom Law 2nd Ed.

368

DIGEST

DILIGENCE

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 arrange ment, for facility in reference. As a legal term, "digest" is to be distinguish ed from "abridgment." 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 compiler is in the matter of consolidation. A digest is wider in its scope; is made up of quotations or para phrased passages; and has its own system of classification and arrangement. An "index" merely points out the places where particular matters may be found, without purporting to give such matters in extenso. A "treatise' or commentary" is not a compilation, but an original composition, though it may include quo tations and excerpts. A reference to the "Digest," or "Dig.," is always understood to designate the Digest (or Pandects) of the Justinian collection; that being the digest par eminence, and the authoritative compilation of the Roman law. DIGESTA. Digests. One of the titles of the Pandects of Justinian. Inst, prcem, § 4. Bracton uses the singular, "Digestum." Bract, fol. 19. DIGESTS. The ordinary name of the Pandects of Justinian, which are now usual ly cited by the abbreviation "Dig." instead of "Ff.," as formerly. Sometimes called "Di gest," 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. 316. DIGNITARY. In canon law. A person holding an ecclesiastical benefice or dignity, which gave him some pre-eminence above mere priests and canons. To this class ex clusively belonged all bishops, deans, arch deacons, etc.; but it now includes all the prebendaries and canons of the church. Brande. DIGNITY. In English law. An honor; a title, station, or distinction of honor. Dig nities are a species of incorporeal heredita ments, in which a person may have a prop erty or estate. 2 Bl. Comm. 37; 1 Bl. Comm. 396; 1 Crabb, 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 in cumbent suffers any edifices of his ecclesias tical living to go to ruin or decay. It is ei

ther voluntary, by pulling down, or permis sive, by suffering the church, parsonage houses, and other buildings thereunto be longing, to decay. And the remedy for either lies either in the spiritual court, where the canon law prevails, or in the courts of com mon law. It is also held to be good cause of deprivation if the bishop, parson, or other ecclesiastical person dilapidates buildings or cuts down timber growing on the patrimony of the church, unless for necessary repairs; 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 and 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 of it Dilationes in lege sunt odiosee. Delays in law are odious. Branch, iPrinc. DILATORY. Tending or intended to cause delay or to gain time or to put off a decision. —Dilatory defense. In chancery practice. One the object of which is to dismiss, suspend, or obstruct the suit, without touching the mer its, until the impediment or obstacle insisted on shall be removed. 3 Bl. Comm. 301, 302.—Dil atory pleas. A class of defenses at common law, founded on some matter of fact not con nected with the merits of the case, but such as might exist without impeaching the right of action itself. They were either pleas to the jiir risdiction, showing that, by reason of some mat ter therein stated, the case was not within the jurisdiction of the court; or pleas in suspen sion, showing some matter of temporary inca pacity to proceed with the suit; or pleas in abatement, showing some matter for abatement or quashing the declaration. 3 Steph. Comm. 576. Parks v. McClellan, 44 N. J. Law, 558; Mahoney v. Loan Ass'n (O. C.) 70 Fed. 515. DILIGENCE. Prudence; vigilant activi ty; attentiveness; or care, of which there are infinite shades, from the sligBtest mo mentary thought to the most vigilant anx iety; but the law recognizes only three de grees of diligence: (1) Common or ordinary, which men, in general, exert in respect of their own concerns; the standard is neces sarily variable with respect to the facts, al though it may be uniform with respect to the principle. (2) High or great, which is ex traordinary diligence, or that which very prudent persons take of their own concerns. (3) Low or slight, which is that which per sons of less than common prudence, or in deed 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;) extra ordinary, (exactissima diligentia;) slight, (levissima diligentia.) Story, Bailm. 19. There may be a high degree of diligence, a common degree of diligence, and a slight de gree of diligence, with their corresponding de grees of negligence, and these can be clearly enough defined for all practical purposes, and,