examination

Interrogation; investigation. The interrogation of a person who is desirous of performing some act or claiming some privilege under the law, to ascertain if all the requirements of law have been complied with, conducted before an officer having authority for that purpose. The interrogation of a party before a competent officer concerning some fact involved in a judicial proceeding. In Practice. The interrogation of a witness at the trial, or on the taking of his deposition. In Criminal Law. The investigation by an authorized magistrate of the grounds of accusation against a person arrested for crime, with a view of securing his appearance for trial before the proper court, should the evidence be sufficient to warrant it.

In Criminal Law. The investigation by an authorized magistrate of the eircuins which constitute the grounds for an accusation against a person arrested on a criminal charge, with a view to discharging the person so arrested, or to securing his appearance for trial by the proper court, and to preserving the evideuce relating to the matter. Practically, it is accomplished by bringing the person accused, together with witnesses, before a magistrate (generally a justice of the peace), who thereupon takes down in writing the evidence of the witnesses, and any statements which the prisoner may see fit to make. If no cause for detention appears, the party is discharged from arrest. If sufficient cause of suspicion appears to warrant putting him on trial, he is committed, or required to give bail or enter into a recognizance to appear at the proper time for trial. The witnesses are also frequently required to recognize for their appearance; though in ordinary cases only their own recognizance is required. The magistrate signs or certifies the minutes of the evidence which he has taken, and it is delivered to the court before whom the trial is to be had. The object of an examination is to enable the judge and jury to see whether the witnesses are consistent, and to ascertain whether the offence is bailable. 2 Leach 552. And see i Sharsw. Bla. Com. 296. At common law, the prisoner could not be interrogated by the magistrate; but under the statutes 1 & 2 Phil. & M. c. 13, 2 & 3.Phil. & M. c. 10, the provisions of which have been substantially adopted in most of the states, the magistrate is to examine the prisoner as well as the witnesses. 1 Greenl. Ev. § 224; 4 Bla. Com. 200; Rose. Cr. Ev. 44; By. & M. 432. The examination should be taken and completed as soon as the nature of the case will admit; Cro. Eliz. 820; 1 Hale, PI. Cr. 5S5; 2 id. 120. The prisoner must not be put upon oath, but the witnesses must; 1 Phil. Ev. 10G; Archb. Cr. Pr. & PI. 380. The prisoner formerly had no right to the assistance of an attorney; but the privilege was granted at the discretion of the magistrate; 2 Dowl. & R. 80; 1 B. & C. 37. Now, however, a prisoner is permitted to have counsel as a matter of course. The magistrate's return and certificate are conclusive evidence, and exclude parol evidence, of what the prisoner said on that occasion with reference to the charge; 2 C. & K. 223; 5 C. & P. 102; 1 Mood. & M. 403. See Confession; Recognizance. In Practice. The interrogation of a witness, in order to ascertain his knowledge as to the facts in dispute between parties. The examination in chief is that made by the party calling the witness; the cross-examination is that made by the other party. In the examination in chief the counsel cannot ask leading questions, except in particular cases. See Cross-Examination; Leading Questions. The examination Is to be made in open court, when practicable; but when, on account of age, sickness, absence from the jurisdiction, or other The interrogation of a ho Is desirous • ae act, or availing of the law. in order to ascertain if all the req'lir the law have been complied with, i by and before an officer havii the purpose. There are many acts which can be of validity and binding force only upon an many states, a married woman must be privately examined as to whether she has ^. nnsent freely and without restraint to a d< he appears to have executed; see A insolvent who wishes to take tl vent laws, one who Is about to t. another in legal proceedings, a bankrupt, etc. submit to an examination.

An investigation; search; interrogating.

In trial practice. The examination of a witness consiste 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 witness has of the facts and matters in dispute, or of probing and sifting his evidence previously given.

In criminal 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 ascortain 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. O. 669.

— Cross-examination. In practice. The examination of a witness upon a trial or hearing, or upon taking a deposition, by the party opposed to the one who produced him, upon his evidence given in chief, to test its truth, to further develop it, or for other purposes.

— Direct examination. In practice. The first interrogation or examination of a witness, on the merits, by the party on whose behalf he is called. This is to be distinguished from an examination in pais, or on the voir dire, which is merely preliminary, and ls had when the competency of the witness is challenged; from the cross-examination, which is conducted by the adverse party; and from the redirect examination which follows the cross-examination, and is had by the party who first examined the witness.

— Examination de bene esse. A provisional examination of a witness ; an examination 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 wiiness is unable to attend in person at that time or cannot be produced.

— Examination 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. ¥.) 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 section 5087 authorizes the examination of a bankrupt's wife.

— Examination of invention. An inquiry made at the patent-office, upon application for a patent, into the novelty and utility of the alleged invention, and as to its interfering with any other patented invention. Rev. St. U. S. § 4893 (U. S. Comp. St. 1901, p. 3384).

— Examination of title. An investigation 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 status with reference to liens, incumbrances, clouds, etc.

— Examination of wife. See Private Examination, infra.

— Examination pro interesse sno. When a person 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 to the court to direct an inquiry whether the applicant has any, and what, interest in the property; and this inquiry is calied an "examination pro interesse suo." Krippendorf v. Hyde, 110 U. S. 276, 4 Sup. Ct. 27, 28 L. Ed. 145; Hitz v. Jenks, 185 U. S. 155, 22 Sup. Ct. 598, 46 L. Ed. 851.

— Preliminary examination. The examination of a person charged with crime, before a magistrate, as above explained. See In re Doiph, 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 unconstrained. Muir v. Galloway, 61 Cal. 506; Hadley v. Geiger, 9 N. J. Law, 233.

— Re-examination. An examination or a witness after a cross-examination, upon matters arising out of such cross-examination.

— Separate examination. The interrogation of a married woman, who appears before an officer for the purpose of acknowledging a deed or other instrument, 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 husband. Also the examination of a witness in private or apart from, and out of the hearing of, the other witnesses in the same cause.

A weighing, balancing: search, investigation; hearing, inquiry. Compare Inspection; View. Examined. Compared with the original: as, an examined copy, q. v. ' [Coke, Litt. 368; Jacob's Law Diet. carefully: examen, tongue Examining. Conducting an examination: as, the examining counsel. JBxaminer. A person charged with the duty of making or conducting an examination: as, an examiner — in chancery or equity, of customs, of national banks, of patents, of titles, in- divorce, lunacy, partition, qq. V. 1. Examination of a bankrupt or of a debtor. Interrogation as to the state of his property. 1 3. Ez:amination of an accused person. Investigation, by an authorized magistrate, of the grounds of an accusation of crime against a person, vpith a view to discharge him or to secure his appearance at trial, and to preserve the evidence. Had before a justice of the peace, an alderman, or other magistrate, a United States commissioner, and, possibly, before a judge. On a,prima facie case bail will be required, or a commitment made; otherwise, the accused is discharged. The examination may be waived. The accused has no right to the assistance of counsel; and, in many cases, he himself is not examined. 3. Examination of an invention. Of an alleged new invention, for which application for a patent has been made, to ascertain whether it is suf Bciently new and useful, or whether it interferes with any other invention. See Patent, 3. 4. Examination of a long account. By a referee, of the proofs of the correctness of the items composing a long account. See Account, 1. 5. Examination of a married woman. Of a wife, separate and apart from her husband, to learn whether her acknowledgment of a mortgage, conveyance, or other deed is voluntary, without coercion of her husband. Also called her private or separate examination.* Where a statute requires a "private " examination of the wife, to ascertain that she acts freely aijd not by compulsion of her husband, but prescribes no precise form of words to be used in the certificate of acknowledgment, it is sufficient if the words of the acknowledgment have the same meaning, and are in substance the same with those in the statute. Such statutes provide for privacy from the husband only. A certificate "privately c amined apart from and out of the hearing " of the husband, can mean ' See E. S. §§ C086-87. = E. S. § 4803. ' See Magown v. Sinclair, 5 Daly, 66 (1874). nothing less than that he was not present when she was examined, and satisfies a statute (of Maryland) requiring an examination " out of the presence." i See further Acknowledgment, 2. 6. Examination of a jiational bank. By an officer of the United States treasury, to discover whether the bank is complying with the law as to issues, reserve, etc. 7. Examination of a student-at-law. This is preliminary to his admission to practice, as a test of qualification. 8. Examination of a title. A search to determine whether the title to land, proposed for conveyance or mortgage, is free from defects, and marketable, q. v. Whence examiners of titles, and abstract or brief of title. See Abstract, 2; Convbyancek; Title, 1. 9. Examination of a witness. The interrogation or questioning of a witness, to elicit his personal knowledge as to one or more facts. Direct examination, or examination in chief. The first examination, on behalf of the party who calls the witness. Opposed, 1, to examination in pais, or on the voir dire: a, preliminary questioning intended to test competency; 3, to cross-examination: by the adverse party, confined to the subject-matter elicited upon the direct examination. Re-direct examination. Follows the crossexamination, and is confined to matters brought out under it. Re-cross examination. Follows the redirect examination, and is restricted to the new or additional information or answers given thereunder. Re-examination. The re-direct or the recross examination in the same hearing; also, another and distinct examination in a subsequent trial. Separate examination. Is of a witness ' apart from or out of the hearing of another or other witnesses. Cross-examination, which is the right of the party against whom a witness is called, is a means of separating hearsay from knowledge, error from truth, opinion from fact, inference from recollection; of ascertaining the order of the events as narrated by the witness in his examination in chief, the time and place when and where they occui'red, and the attending circumstances; and of testing the intelligence, memory, impartiality, truthfulness, and integrit.y of the witness. ' Deery v. Cray, 5 Wall. 807 (1866). Cross-examination is " the crucial test " of truth. A witness may not be cross-examined as to facts and circumstances not connected with matters stated in his du'ect examination; if a party wishes to examine him as to such facts and circumstances he must call him as a witness in the subsequent progress of the case; that is, " make him his own witness." Greater latitude is allowed in the cross-examination of a party than in that of another witness. Still, this, in its course and extent, where du'ected to matters not inquired into in the principal examination, is largely subject to the control of the court in the exercise of a sound discretion,— as is the cross-examination of other witnesses." ' A party may ask questions to show bias or prejudice, or to lay a foundation to admit evidence of a prior contradictory statement. An adverse party may now generally be called in chief " as for cross-examination " whenever his testimony may be needed to make out a prima facie cause of action or defense. The court may order the separate examination of a witness. Refusal to answer a proper question is a contempt of coiu-t. The com-t itself may examine. Prompting is not permitted. On the direct examination leading questions are generally prohibited. The extent and' severity of an examination rests with the court. Examination is not allowed as to a conclusion of law, nor, in chief, as to motive, nor as to an opinion. Answers are privileged. The substance of a conversation or of an absent writing may be given. Vague impressions are inadmissible. Answers are according to recollection and belief. A witness may refresh his memory from memoranda.* On cross-examination leading questions may be put. All such questioning is to be on the subject of the examination in chief. Collateral facts cannot be introduced to test memory. A witness is not compelled to criminate himself; nor to answer a question imputing disgrace, unless the question is material. Slay inquire as to religious belief, motive, veracity, bias, and the res gestce. And may draw inferences from refusal to answer. Re examination is permitted as to a matter requiring explanation, and as to new matters introduced by - the opposition. For this reason a witness may be recalled.* Re-cross examination is discretionary with the court.* See Call; Confront; Cbimisate; Evidence; Expert; Impeach, 3; Pbbwtodice; Question, 1; Refresh; Voir; Witness.