KFLCC Kingdom Law 2nd Ed.

455

EXAMEN

EXANNUAL ROLL

EXAMEN. Exatnen oomputi, the balance of an account. Townsh. PL 223. L. Lat A trial.

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 interesse suo." Krippendorf v. (Hyde, 110 U. S. 276, 4 Sup. Ot. 27, 28 L. Ed. 145; Hitz v. Jenks, 185 U. S. 155, 22 Sup. Ct. 598, 46 L. Ed. 851.— Preliminary ex animation. The examination of a person charged with crime, before a magistrate, as above explained. See In re Dolph, 17 Colo. 35, 28 Pac. 470; Van Buren v. State, 65 Neb. 223, 91 N. W. 201.— Private examination. An examination or interrogation, by a magistrate, of a married woman who is grantor in a deed or other conveyance, held out of the presence of her husband, for the purpose of ascertaining whether her will in the matter is free and un constrained. Muir v. Galloway, 61 Cal. 506; Hadley v. Geiger, 9 N. J. Law, 233.— Re-ex amination. An examination of a witness aft er a cross-examination, upon matters arising out of such cross-examination.— Separate ex amination. The interrogation of a married woman, who appears before an officer for the purpose of acknowledging a deed or other in strument, conducted by such officer in private or out of the hearing of her husband, in order to ascertain if she acts of her own will and without compulsion or constraint of the hus band. Also the examination of a witness in pri vate or apart from, and out of the hearing of, the other witnesses in the same cause. A copy of a record, public book, or register, and which has been compared with the original. 1 Campb. 469. EXAMINER. In English law. A per son appointed by a court to take the exami nation of witnesses in an action, i. e., to take down the result of their interrogation by the parties or their counsel, either by written in terrogatories or vivd voce. An examiner is generally appointed where a witness is in a foreign country, or is too ill or infirm to at tend 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 causes depending in that court His powers are similar to those of the Eng lish examiner in chancery. In the patent-office. An officer in the patent-office charged with the duty of exam ining the patentability of •inventions for An officer of the court of chancery, before whom witnesses are examined, and their testimony reduced to writ ing, for the purpose of being read on the hear ing of the cause. Cowell.— Examiners. Per sons appointed to question students of law in order to ascertain their qualifications before they are admitted to practice.— Special ex aminer. In English law. Some person, not one of the examiners of the court of chancery, appointed to take evidence in a particular suit. This may be done when the state of business in the examiner's office is such that it is im possible to obtain an appointment at a con veniently early day, or when the witnesses may be unable to come to London. Hunt. Eq. pt. L c. 5, §2. EXAMINED COPY. which patents are asked. —Examiner in chancery.

EXAMINATION.

An

investigation;

search; interrogating. In trial practice. The examination of a witness consists of the series of questions put to him by a party to the action, or his coun sel, for the purpose of bringing before the court and jury in legal form the knowledge which the witness has of the facts and mat ters in dispute, or of probing and sifting his 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 sus picion 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. G. A. 475; State v. Conrad, 95 N. 0. 669. —Cross-examination. In practice. The ex amination of a witness 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 fur ther develop it, or for other purposes.— Direct examination. In practice. The first inter rogation or examination of a witness, on the merits, by the party on whose behalf he is call ed. This is to be distinguished from an ex amination in pais, or on the voir dire, which is merely preliminary, and is had when the compe tency of the witness is challenged; from the cross-examination, which is conducted by the adverse party; and from the redirect examina tion which follows the cross-examination, and is had by the party who first examined the wit ness.— Examination de bene esse. A provi sional examination of a witness; an examina tion of a witness whose testimony is important and might otherwise be lost, 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 witness is unable to attend in per son at that time or cannot be produced.— Ex amination 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 correctness of the items composing it. Magown v. Sinclair, 5 Daly (N. Y.) 63.— Examination 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 Rev. St. § 5086; and sec tion 5087 authorizes the examination of a bank rupt's wife.— Examination of invention. An inquiry made at the patent-office, upon ap plication for a patent, into the novelty and util ity of the alleged invention, and as to its in terfering with any other patented invention. Rev. St. U. S. § 4893 (U. S. Comp. St. 1901, p. 3384).— Examination of 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 his tory and present condition of the title to such land, and its tta&w with reference to liens, in cumbrances, clouds, etc.— Examination of wife. See PEIVATE EXAMINATION, infra.— Ex amination pro interesse suo. When a per son claims to be entitled to an estate or other property sequestered, whether by mortgage, judgment, lease, or otherwise, or has a title paramount to the sequestration, he should apply evidence previously given. In criminal practice.

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