KFLCC Kingdom Law 2nd Ed.

369

DILIGENCE

DIOCESAN

enforcing the attendance of witnesses, or the production of writings. Ersk. Inst. 4, 1, 71. DH.IGIATUS. (Fr. De lege efectus, I/at.) Outlawed. DILLIGROTTT. 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; a half; the half. DIMIDIETAS. The moiety or half of a thing. DIMINUTIO. In the civil law. Dimi nution; a taking away; loss or deprivation. Diminutio capitis, 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 in complete, or not fully certified. In such case the party may suggest a "diminution of the record," which may be rectified by a cer tiorari. 2 Tidd, Pr. 1109. DIMISI. In old conveyancing. I have demised. Dimisi, concessi, et ad firmam tra didi, have demised, granted, and to farm let. The usual words of operation in a lease. 2 Bl. Comm. 317, 318. DIMISIT. In old conveyancing. [He] has demised. See DIMISI. DIMISSORLZE LITTERS. In the civil law. Letters dimissory or dismissory, com monly called "apostles," (quce vulgo apostoli dicuntur.) Dig. 50, 16, 106. See APOSTOLI, APOSTLES. DIMISSORY LETTERS. Where a can didate for holy orders has a title of ordina tion in one diocese in England, and is to be ordained in another, thebishop of the former diocese gives letters dimissory to the bishop of the latter to enable him to ordain the can didate. Holthouse. DINARCHY. A government of two per sons. DINERO. In Spanish law. Money. Dtnero contado, money counted. White, New Recop. b. 2, tit. 13, c. 1, § 1. In Roman law. A civil division of the Roman empjre, embracing several provinces. Calvin. DIOCESAN. Belonging to a diocese; a bishop, as he stands related to his own clergy or flock.

with a Tiew to the business of life, seem to be all that are really necessary. Common or or dinary diligence is that degree of diligence vrhich 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 con cerns ; and low or slight diligence is that which persons of less than common prudence, or in deed of any prudence at all, take of their own concerns. Ordinary negligence is the want of ordinary diligence; slight, or less than ordina ry, 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 terms.—Due 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 rela tive 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. 543, 78 Am. St. Rep. 658; Highland Ditch Co. v. Mumford, 5 Colo. 336 —Extraor dinary diligence. That extreme measure of care and caution which persons of unusual pru dence and circumspection use for securing and preserving their own property or rights. Civ. Code Ga. 1895, § 2899; Railroad Co. v. Hug gins, 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 ordi nary prudence exercise in regard to very im portant 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.—Ordi nary diligence is that degree of care which men of common prudence generally exercise in their affairs ; 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. 143; Briggs v. Taylor, 28 Vt. 184; Railroad Co. v. Fisher, 49 Kan. 460, 30 Pac. 462; Railroad Co. v. Mitch ell, 92 Ga. 77, 18 S. E. 290.—Reasonable dil igence. 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 partic ular specialty, which must be commensurate with the duty to be performed and the individual cir cumstances of the case; not merely the dili fence of an ordinary person or non-specialist. Srady v. Jefferson, 5 Houst. (Del.) 79. In Scotch law and practice. Process of law, by which persons, lands, or effects are seized in execution or in security for debt. Ersk. Inst 2, 11, 1. Brande. Process for BL.LAW DICT.(2D ED.)—24