49. Inquiry by Court as to legal constitution .-(1) On the Court assembling, the order convening the Court shall be read, and also the names, rank and unit of the officers appointed to serve on the Court; and it shall be the first duty of the Court to satisfy itself that the Court is duly constituted that is to say,-
(a)that, so far as the Court can ascertain, the Court has been convened in accordance with the Act and these rules;(b)that the Court consists of a number of officers not less than the required minimum, and, save as mentioned in rule 44, 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.(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 acting at that Court-Martial.The Court, if not satisfied on the above matters, shall report its opinion to the convening authority, and may adjourn for that purpose.
