Diligence (Scots law)

Diligence (Scots law)

This article discusses a term used in Scots law. For other uses, see Diligence (disambiguation).


Definition

Diligence (Scots Law): a process; execution.

The term has several usages in legal proceedings involving creditors and debtors:

  • Diligence Against the Heritage - A writ of execution by which the creditor proceeds against the real estate of the debtor.
  • Diligence Incident - a writ ordering witnesses and others having information to provide testimony and answer questions.
  • Diligence to Examine Havers - A process to obtain information from those who have it (hence, "havers"), and who must bring records, etc. with them to be examined.
  • Diligence Against the Person - A writ of execution, by which the creditor proceeds against the person of the debtor.
  • Second Diligence - Second letters issued where the first have been disregarded (similar to a contempt of court citation).
  • Summary Diligence - Diligence issued in a summary manner, like an execution of a warrant of attorney.
  • Diligence Against Witnesses - Process to compel the attendance of witnesses.

The definition was taken from the source. [1]

Additional explanations

The Debtors (Scotland) Act 1838 (1 & 2 Vict. c. 114) amended Scots law relating to Diligence Against the Person.

Sources and references

  1. ^ Shumaker, Walter A.; George Foster Longsdorf (1922). The Cyclopedic Law Dictionary (Second Edition by James C. Cahill ed.). Chicago: Callaghan and Company. 

See also

Poinding



Wikimedia Foundation. 2010.

Игры ⚽ Поможем сделать НИР

Look at other dictionaries:

  • Diligence (disambiguation) — Diligence is one of the seven virtues Diligence may also refer to: Diligence (Scots law) a legal process in Scots law Diligence (vehicle) a type of four wheeled enclosed coach Due diligence, a legal concept De Vlijt (disambiguation) (Dutch for… …   Wikipedia

  • Diligence — Dil i*gence, n. [F. diligence, L. diligentia.] 1. The quality of being diligent; carefulness; careful attention; the opposite of negligence. [1913 Webster] 2. Interested and persevering application; devoted and painstaking effort to accomplish… …   The Collaborative International Dictionary of English

  • summary diligence — in Scots law, a procedure whereby certain constituted obligations can be enforced without the need to apply to a court. To be able to exercise this right it is necessary that the deed contains a clause containing the debtor s comments to… …   Law dictionary

  • give diligence — Diligence Dil i*gence, n. [F. diligence, L. diligentia.] 1. The quality of being diligent; carefulness; careful attention; the opposite of negligence. [1913 Webster] 2. Interested and persevering application; devoted and painstaking effort to… …   The Collaborative International Dictionary of English

  • To do one's diligence — Diligence Dil i*gence, n. [F. diligence, L. diligentia.] 1. The quality of being diligent; carefulness; careful attention; the opposite of negligence. [1913 Webster] 2. Interested and persevering application; devoted and painstaking effort to… …   The Collaborative International Dictionary of English

  • use diligence — Diligence Dil i*gence, n. [F. diligence, L. diligentia.] 1. The quality of being diligent; carefulness; careful attention; the opposite of negligence. [1913 Webster] 2. Interested and persevering application; devoted and painstaking effort to… …   The Collaborative International Dictionary of English

  • Common law — For other uses, see Common law (disambiguation). Common law (also known as case law or precedent) is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action. A… …   Wikipedia

  • Written Scots language — examples from various sources.Text from Legend of the Saints 14th CenturyXXXIII. GEORGE. Ȝete of sancte george is my wil, gyf I connandes had þere til to translat þe haly story, as wrytine in þe buk fand I. for he wes richt haly mañ fele tynt… …   Wikipedia

  • arrestment — index custody (incarceration) Burton s Legal Thesaurus. William C. Burton. 2006 arrestment …   Law dictionary

  • charge for payment — in the Scots law of diligence or legal enforcement, the warning given to a debtor that another form of diligence is soon to be used. An example would be (and usually is) poinding. Collins dictionary of law. W. J. Stewart. 2001 …   Law dictionary

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”