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



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