Dictionaries of the Scots Language
Dictionars o the Scots Leid

Scottish National Dictionary (1700–)

Hide Quotations Hide Etymology

Abbreviations Cite this entry

About this entry:
First published 1952 (SND Vol. III).
This entry has not been updated since then but may contain minor corrections and revisions.

DILIGENCE, n. Sc. law.

1. A warrant issued by a court to enforce the attendance of witnesses, or the production of writings (Sc. 1890 Bell Dict. Law Scot. 325).Sc. 1903 J. Erskine Princ. Law Scot. iv. i. 40B:
When one of the parties refuses or delays to produce documents necessary for the trial of the case, his opponent may lodge a list or specification of them, and move the Lord Ordinary to grant diligence for their recovery.Sc. 1927 W. Green Encycl. Law Scot. III. 523:
The diligence is a judicial warrant under which the witnesses or havers [possessors of documents] are cited to appear before the commissioner, and may be compelled to attend.Abd. 1744 Monymusk Papers (S.H.S. 1945) 226:
He craved the bailie will assign them a day for that effect and craves diligence against witnesses.Edb. 1849 D. Robertson and M. Wood Castle and Town (1928) 41:
In the course of the proceedings a proof was allowed and a diligence granted for recovery of documents.Lnk. 1709 J.P.s Lnk. (S.H.S. 1931) 67:
Whereupon the said purswer adduced dilligence against diverse famious wittnesscs.

2. “The process of law, by which person, lands, or effects are attached on execution, or in security for debt” (Sc. 1890 Bell Dict. Law Scot. 325; 1946 A. D. Gibb Legal Terms 29); “the term includes the English execution of a judgement, but has a wider significance than that phrase” (Abd.¹⁶). Phr. to take out (use) diligence, to sue, to prosecute by law for debt.Sc. 1700 Process against Egyptians in S.C. Misc. (1846) III. 177:
A reductione of a bond doth hinder personall diligence in a civile cace.Sc. 1772 Weekly Mag. (5 Nov.) 190:
One Alexander Rule, a farmer, owed a trifling sum to a merchant near Dunse, for which he had used diligence.Sc. 1826 Scott Journal (1890) I. 105:
Feb.: Returned from Court by Constable's, and found Cadell had fled to the sanctuary, being threatened with ultimate diligence by the Bank of Scotland.Sc. 1827 Ib. II. 57:
31 Oct.: Mr Abud . . . has given the most positive orders to take out diligence against me for his debt of £1500.Ayr. 1826 Galt Lairds xxx.:
If satisfaction is not rendered thereto quam primum, diligence will immediately issue.