Diligence

Diligence, in the Law of Scotland, is a term used in various significations. (1) It means the care incumbent on the parties to a contract with regard to the preservation of the subject matter. In this sense the term is also used in English law, which recognises three degrees of diligence—(a) common, such as men in general exert in managing their own affairs; (b) high, such as great prudence demands; and (c) low, such as persons of less than common prudence take in connection with their own affairs. (2) The warrants issued by courts for enforcing the attendance of witnesses and the production of writings. (3) The process of law by which person, lands, or effects are attached either on Execution (q.v.) or in security for debt. In the second of these senses, it corresponds to the English subpœna; and in the third, generally to execution.