Page:Encyclopædia Britannica, Ninth Edition, v. 7.djvu/257

Rh tombs of Philippe le Hard! and Jean sans Peur. Important structures also are the lunatic asylum, the ancient court house, the theatre, and the hospice Saint- Anne, and numer ous other educational establishments. Dijon possesses a library of 70,000 volumes and 900 manuscripts, a picture gallery, a collection of coins and of 40,000 engrav ings, a jarclin des plantes and herbarium, and a fine park, commenced in 1670, after the designs of Le Notre, by the Great Conde, and finished by his son. It is the seat of a bishop, and of tribunals of primary instance and commerce, and has faculties of law, science, and literature. The ramparts that formerly surrounded the town have been replaced by broad avenues. The principal industries are the manufacture of hosiery, woollen and cotton cloth, Paris lace, leather, candles, earthenware, mustard, confec tions, vinegar, and chemicals; iron and type-founding, printing and binding, brewing, saltpetre-refining, and nursery-gardening. Dijon does an important trade in cereals, and is the chief emporium for Burgundy wines. The population of the commune in 1872 was 42,573 ; that of the town, 40,116.

Plan of Dijon. 1 Statue of St Bernard. 2. Prefecture. 3. Notre Dame. 4. Post Office. 5. Hotel de Ville. 6. St Michel. 1. Theatre. 8. Cathedral of St Benigne. S. Palace of Justice.

1em  DILAPIDATIONS, in English law, is the name given to the waste committed by the incumbent of an ecclesi astical living. By the general law a tenant for life has no power to cut down timber, destroy buildings, &c. (voluntary waste), or to let buildings fall into disrepair (permissive waste). In the eye of the law an incumbent is a tenant for life of his benefice, and any waste, voluntary or permissive, on his part must be made good by his administrators to his successor in office. The principles on which such dilapida tions are to be ascertained, and the application of the money payable in respect thereof, depend partly on old ecclesiasti cal law and partly on recent Acts of Parliament. Questions as to dilapidations usually arise in respect of the residence house and other buildings belonging to the living. Inclosures, hedges, ditches, and the like are included in things &quot; of which the beneficed person hath the burden and charge of reparation.&quot; In a leading case (Ross v. Adcock, 37 Law Journal, C.P. 290) it was said that the court was acquainted with no precedent or decision extend ing the liability of the executors of a deceased incumbent to any species of waste beyond dilapidation of the house, chancel, or other buildings or fences of the benefice. And it has been held that the mere mismanagement or misculti- vation of the ecclesiastical lands will not give rise to an action for dilapidations. To place the law relating to dilapidations on a more satisfactory footing, the Act 34 and 35 Viet. c. 43 was passed. The buildings to which the Act applies are defined to be such houses of residence, chancels, walls, fences, and other buildings and things as the incumbent of the benefice is by law and custom bound to maintain in repair. In each diocese a surveyor is to be appointed by the archdeacons and rural deans subject to the approval of the bishop ; and such surveyor shall by the direction of the bishop examine the buildings on the follow ing occasions viz., 1, when the benefice is sequestrated ; 2, when it is vacant ; 3, at the request of the incumbent or on complaint by the archdeacon, rural dean, or patron. The surveyor is to specify the works required, and to give an estimate of their probable cost. In the case of a vacant benefice, the new incumbent and the old incumbent or his representatives may lodge objections to the surveyor s report on any grounds of fact or law, and the bishop, after consideration, may make an order for the repairs and their cost, for which the late incumbent or his representatives are liable. The sum so stated shall be a debt due from the late incumbent or his representatives to the new incumbent, who shall pay over the money when recovered to the governors of Queen Anne s Bounty. The governors pay for the works on execution on receipt of a certificate from the surveyor ; and the surveyor, when the works have been completed to his satisfaction, shall give a certificate to that effect, the effect of which, so far as regards the incumbent, will be to protect him from liability for dilapi dations for the next five years. Unnecessary buildings belonging to a residence house may, by the authority of the bishop and with the consent of the patron, be removed. An amending statute (35 and 36 Viet. c. 96) relates chiefly to advances by the governors of Queen Anne s Bounty for the purposes of the Act.  DILIGENCE, in law, is the care which a person is bound to exercise in his relations with others. The possible degrees of diligence are of course numerous, and the same degree is not required in all cases. Thus a mere depositaiy would not be held bound to the same degree of diligence as a person borrowing an article for his own use and benefit. Jurists, following the divisions of the civil law, have concurred in fixing three approximate standards of diligence viz., ordinary, less than ordinary, and more than ordinary. Ordinary or common diligence is defined by Story (On Bailments] as &quot; that degree of diligence which men in general exert in respect of their own concerns.&quot; So Sir William Jones : &quot; This care, which every person of common prudence and capable of governing a family takes of 