EXAMINATION

A Law Dictionary · 1910 · p. 10
An investigatlon; search; interrogating. In trial practice. The examination of a witnesg consists of the series of questions put to him by a party to the action, or his counsel, for the purpose of bringing before the court and jury in legal form the knowledge which the witne has of the facts and matters in dispute, or of probing and sifting his evidence previously given. In cr:bninal practice. An investigation by a magistrate of a person who has been charged with crime and arrested, or of the facts and circumstances which are alleged to have attended the crime and to fasten suspicion upon the party so charged, in order to ascertain whether there is sufficient ground to hold him to bail for his trial by the proper court. U. s. v. Stanton, 70 Fed. 890, 17 C. C. A. 475; State v. Conrad, 95 N. C. 669. -Cro -examination. In practice. The ex• am in at i on of a witne upon a trial or hearing, or upon taking a deposition, by the party op· posed to the one who produced him, upon his evidence given in chief, to test its truth, to further develop it, or for other purposes.-Di.rect examination. In practice. 'l'he.first interrogation or examination of a witne , on the merits, by the party on whose behalf he is call•.ed. This is to be distinguished from an ex• am in at i on in pau, or on the voi,r dire, which la merely prelim mary, and is had when the competency of the witne is challenged; from the cro -examination, which is conducted by the adverse party; and from the redirect. examination which follows the cro -examination, and is had by the party who first examined the witne .-Examination de bene ease-. A provi• sional examination of a witne ; an examination of a witne whose testill'.lony is important and might otherwise be Jost, held out of court and before the trial, with the proviso that· the deposition so taken may be used on the trial in case the witne is unable to attend in person at that time or cannot be produced.-Exam in a.tion of a long account. This phrase does not mean the examination of the account to ascertain the result or effect of it, but the proof by testimony of the correctne of the items composing it. Magown v. Sinclair, 5 Daly (N. Y.) 63.-Exalllinati'on of bankrupt. This is the interrogation of a bankrupt, in the course of proceedings in bankruptcy, touching the state of his property. This is authorized in the United States by R€v. St. § 5086; and section 5087 authorizes ·the examination of a bank· rupt's wife.-Examination of invention. An inquiry made at the patent-office, upon a)?" plication for a patent, into the novelty and utll· ity of the alleged invention, and as to its in• terfe ring with any other patented invention. Rev. St. U. S. § 4893 (U. S. Comp. St. 1901, p. 3384).-Examination o:f title. An inves• tigation made by or for a person who intends to purchase real estate, in the offices where the public records are kept, to ascertain the history and present condition of the title to such land, and its 6tatu a with reference to liens, incumbrances, clouds, etc.-Exa.min at i on of wife. See PRIVATE ExAMINATION, in/ra.-Exalllination, pro intere e suo. When a per• son claims to be entitled to an estate or other property sequestered, w~ether by mortgage, Judgment, lease, or otherwise, or has a title paramount to the sequestration,,be should apply [s. 461]
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