Diligence (Scots law)
Encyclopedia
Definition
Diligence : a process; execution.The term has several usages in legal proceedings involving creditors and debtors:
- Diligence Against the Heritage - A writ of executionWrit of executionA writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor...
by which the creditor proceeds against the real estateReal estateIn general use, esp. North American, 'real estate' is taken to mean "Property consisting of land and the buildings on it, along with its natural resources such as crops, minerals, or water; immovable property of this nature; an interest vested in this; an item of real property; buildings or...
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 executionWrit of executionA writ of execution is a court order granted in an attempt to satisfy a monetary judgment obtained by a plaintiff. When issuing a writ of execution, a court typically will order a sheriff or other similar official to take possession of property owned by a judgment debtor...
, 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 courtContempt of courtContempt of court is a court order which, in the context of a court trial or hearing, declares a person or organization to have disobeyed or been disrespectful of the court's authority...
citation). - Summary Diligence - Diligence issued in a summary manner, like an execution of a warrant of attorneyPower of attorneyA power of attorney or letter of attorney is a written authorization to represent or act on another's behalf in private affairs, business, or some other legal matter...
. - Diligence Against Witnesses - Process to compel the attendance of witnesses.
The definition was taken from the source.
Additional explanations
The Debtors (Scotland) Act 1838Debtors (Scotland) Act 1838
The Debtors Act 1838 , sometimes the Personal Diligence Act, was an Act of Parliament in the United Kingdom, signed into law on August 16, 1838. It amended the law of Scotland in matters relating to personal diligence - the ways in which the person or property of a debtor could be secured -...
(1 & 2 Vict. c. 114) amended Scots law
Scots law
Scots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
relating to Diligence Against the Person.