Prudence; vigilant activity; attentiveness; or care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anixety; but the law recognizes only three degrees of diligence: (1) Common or ordinary, which men, in general, exert in respect of their own concerns; the standard is necessarily
More... Prudence; vigilant activity; attentiveness; or care, of which there are infinite shades, from the slightest momentary thought to the most vigilant anixety; but the law recognizes only three degrees of diligence: (1) Common or ordinary, which men, in general, exert in respect of their own concerns; the standard is necessarily variable with respect to the facts, although it may be uniform with respect to the principle. (2) High or great, which fs extraordinary diligence, or that "which very prudent persons take of their own concerns. (3) Low or slight, which is that which persons of less than common prudence, or indeed 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;) extraordinary, (exactissima diligentia;) slight, (levissima diligentia.) Story, Bailm. 19.
There may be a high degree of diligence, a common degree of diligence, and a slight degree of diligence, with their corresponding degrees of negligence, and these can be clearly enough defined for all practical purposes, and, with a view to the business of life, seem to be all that are really necessary. Common or ordinary diligence is that degree of diligence which 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 concerns ; and low or slight diligence is that which persons of less than common prudence, or indeed of any prudence at all, take of their own concerns. Ordinary negligence is the want of ordinary diligence; slight, or less than ordinary, 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 au? absolute standard, but depending on the relative facts of the special case. Perry v. Cedar Palls, 87 Iowa, 315, 54 N. W. 225; Dillman v. Nadelhoffer, 100 111. 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.-Extraordinary diligence. That extreme measure of care and caution which persons of unusual prudence and circumspection use for securing and preserving their own property or rights. Civ. Code Ga, 1805, ? 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 ordinary prudence exercise in regard to very important affairs of their own. Railwav 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.-Ordinary 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. &r>3, 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. Mitchell, 92 Ga. 77. 18 S. E. 290.-Reasonable diligence. 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. 6(52. 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 bv a good business man in his particular specialty, which must be commensurate with the duty to be performed and the individual circumstances of the case; not merely the diligence of an ordinary person or non-specialist. Brady 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 enforcing the attendance of witnesses, or the production of writings. Ersk. Inst. 4, 1, 7L
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