practice. The interrogation of a witness, in order to
ascertain his knowledge as to the facts in dispute between parties. When
the examination is made by the party who called the witness, it is called
an examination in chief. When it is made by the other party, it is known by
the name of cross-examination. (q. v.)
2. The examination is to be made in open court, when practicable, but
when,: on account of age, sickness, or other cause, the witness cannot be
so examined, then it may be made before authorized commissioners. In the
examination in chief the counsel cannot ask leading questions, except in
particular cases. Vide Cross-examination, Leading question.
3. The laws of the several states require the private examination of a
feme covert before a competent officer, in order to pass her title to her
own real estate or the interest she has in that of her hushand: as to the
mode in which this is to be done, see Acknowledment. See, also, 3 Call, R.
394, 5 Masons R. 59, 1 Hill, R. 110, 4 Leigh, R. 498, 2 Gill & John. 1, 3
Rand. R. 468 1 Monr. R. 49, 3 Monr. R. 397, 1 Edw. R. 572, 3 Yerg. R. 548 1
Yerg. R. 413 3 J. J. Marsh. R. 241 2 A. K. Marsh. R. 67, 6 Wend. R. 9, 1
Dall. 11, 17, 3 Yeates, R. 471, 8 S. & R. 299, 4 S. & R. 273.
Source: Bouviers Law Dictionary 1856 Edition
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