41. Inquiry by court as to legal constitution.—(1) On the court-assembling, the order convening the court shall be laid before it together with the charge-sheet and the summary of evidence or a true copy thereof, and also the ranks, names and corps of the officers appointed to serve on the court; and the court shall satisfy itself that it is legally constituted; that is to say— (a) That, so far as the court can ascertain, the court has been convened in accordance with the provisions of the Act and these rules; (b) That the court consists of a number of officers, not less than the minimum required by law and, save as mentioned in rule 38, not less than the number detailed; (c) That each of the officers so assembled is eligible and not disqualified for serving on that court-martial; and (d) That in the case of general court-martial, the officers are of the required rank. (2) The court shall, further, if it is a general or district court-martial to which a judge-advocate has been appointed, ascertain that the judge-advocate is duly appointed and is not disqualified for sitting on that court-martial. (3) The court, if not satisfied with regard to the compliance with the aforesaid provisions, shall report its opinion to the convening authority, and may adjourn for that purpose.
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