Page:Black's Law Dictionary (Second Edition).djvu/463

Rh

L. Lot. A trial. Emanien compuli, the balance of an account. Townsh. l'l .!_'.3.

EXAMINATION. $c.\r1:h; interrogatiiig.

In trial practice. The exaniinatioii of E. witness 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 (unit and jury in legal form the knowledge which the witness has of the facts and matters in dispute, or of probing and sifting his eiidence DI‘E\i0I.]Sly given.

In criminal practice. An investigation by a inagistiiite of E. person who hns been (h.ii-ged with crime and arrested, or of the facts and Lil‘Lll'll.lSt.l|1L'es which are alleged to haw attended the crime and to fasten suspicion upon the party so (.‘ll:1l'g0(l, in order to ascertain whether there is sitlhcieiit ground to bold him to bail for his trial by the proper court. U. S. v. Stanton, 70 Ed. 5210, 17 C. C. A. 475: State v. Conrad, 95 N. C. 669. —Cross~exa.mination. In practice. The ex- nininntion of a witness upon a trial or hearing, or upon taking a deposition, by the part), upposed to the one who produced him. upon his evidence given in chief, to test its truth, to further develop it, or for other pui1)uses.—I)i.I'ect exeniinatiun. In practice. 'lLIc a ‘I: interiaigation or examination of a viitness. on the merits, by the party on whose hohalf he is call- ed This is to be distinguished from an ex- amination in pair, or on the voir dire, which is merely prsliminary, and is had when the Inlll]letency of the witness is challenged; from the cross examination, which is conducted by the s_dierse party; and from the rsdirect examination which follows the cross-examination, and is had by the party who first examined the wit- ness.—E'.xamina.tion de bane esse. A provi- sional examination of a witness; an examination of a witness whose testimony is important and might otherwise he lost, held out of court and bcfore the trial, with the proviso that the deposition so token may he used on the trial in case the witness is unahie to attend in person nt that time or cannot he proiliiced.—)-Ix- mninatinn of a long account. ’ihis phrase does not mean the examination of the account to nsci-rtain the result or elIect of '

An

investigation ;

it, hot the proof by testimony of the correctness of the items composing it. Magown v. Sinclair. 5 l).ily (N. L) 63.—Exun1ination of bankrupt. This is the interro;.'.ition of ti bankrupt, in the course of procci-din;:s in bankruptcy, touching the state of his property. This is authorized in the United States by Br.-v. St. § 5036; and section 508? niithorizcs the examination of a bank- riipt‘s wife —Examination of invention. An inquiry made at the potent-oflioe. upon application fora patent. into the uni city and utiliry of the alleged invention, and as to its interfering with any other patented inventinn. ROY. St. 17. S. § 4893 (U. S. (‘oinp. St 11101. p. .'l3S4).—Exa.rnina\‘.ion of title. An i.i.ii'esiigotion 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 lnnd, and its status with reference to liens, icn-ii;il-iuiices. clouds. etc.—I-lxaniinntion of wife. See PRIVATE F}XAM1NA'l"[O.\', i'nfra.—Ex- aminntion pro inter-esse suo. When a person clnims to be cntitlcd to an estate or other property sequestered, whether by mortgage. Jurigment, lease, or otheriiise, or has a title paramount to the sequestration. he should npply

455

EXANN UAL ROLL

to the court to direct an inquiry whether the applicant has any, and what, interest in the property; and this inquiry is called an "ex- amination pro iuteresse suo." K 'ppendorl' v diyde. 110 U. S. 276, 4 Sup. Gt. 2 L Ed.

1-ta; ljiitz v. Jenks, 185 U. S. 22 -Sup. UL 5923', 46 L. Ed. 851.—P:rel.im nry ex- amination. The examination of a person

changed with crime, before a magistrate, as alioie explained. See In re Dolph, 17 Colo. 35. 25 Pnc. 470; Van Buren v. State, (:7: Neh. 223. 91 N. W. 2O1.—P1-ivnte examination. An examination or interrogation, by a magistrate. of a married woman who is grantor in a deed or other conveyance, hold out of the presence of her husband, for the purpose of :i.scci'taining ixhethcr her Mill in the matter is free and ucnonstrained. Muir v. Galloway, 61 Cal. 504:’: Hadley v. Geiger, 9 1\'. J. Law, ' .—Re-ex- emination. An examination of a witness after s. cross-examination. upon matters arising out of such cross-examinetion.—-Separate ex- amination. The interrogation of a married woman, who appears before an officer for the purpose of eclruouiedging a deed or othir instrument, conducted by such officer in private or out of the hearing of her hnsbiind. in order to ascertain if she acts of her own will and without compulsion or constraint of the hus- band. Also the cxaminntion of a Witness in [iri- vaic or apart from, and out of the healing of, the other witnesses in the some cause.

EXAMINED COPY. A copy of B. record, public book, or register, and which has Leen compared with the original. 1 Csmph. 4.69.

EXAMINER. In Eglish law. A person nppoiiited by a court to take the exami- nation of witnesses in an action, 1. e.. to take

down the result of their iiiterrogzition by the G

parties or their counsel, either by written iiiterrogatories or viva vooe. An examiner is generally rippointeil where B, witness is in E. foreign country, or is too ill or infirm to sttenil before the court, and is either an officer of the court, or a person specially appointed for the purpose. Sweet.

In New Jersey. An examiner is an officer appointed by the court of chancery to take testimony in caui-‘ts depending lll that court. His poweis are snniiar to those of the English examiner in chnncery.

In the patent-ofiioe. An officer in the patent-0i:l‘i(-e C‘lliIl','.Z(3d with the duty of examining the ptitentahility of inventions for which patents are asked.

—l-Jxiuiiiner in ehencery. An officer of the conit of chanci». v. heforv whom witnesses are examined, and their testimony reduced to writing, for the purpose of being read on the hearing of the cause. Con ell.—!-Ixiuninors. Persons appointed to question students of law in order to asiertain their qualifications before they are admitted to pracI;icc.—SpeciaI ex- aminer. In English law. Some person, not one of the examiners of the court of chant-cry, a ipointed to take evidence in a particular suit. Clihis may he done when the state of business in the examiner's office is such that it is impossible to obtain an appointment at it con- venlcntly early day, or when the witnesses me be fi,.l.iJ§Bi‘])ie to come to London. Hunt. E‘q. pt. Iv. c., -.

EXANNUAL ROLL. in old English practice. A roll into which (in the old way

H

L