adjournment; and generally all incidental occurrences, particularly the clearing of the Court, the cause thereof, and where interlocutory judgments are given, the decision.*

Another important duty of the Judge Advocate during the trial is the instructing or counselling the Court, not only in matters of essential and necessary forms, with which he must be presumed to be, from practice, thoroughly acquainted, but in explaining to them such points of law as may occur in the course of their proceedings. For which purpose a Judge Advocate ought to instruct himself in the general principles and rules of law, and in the practice of Criminal Courts. On every occasion when the Court demands his opinion, he is bound to give it with freedom and amplitude; and even when not requested to deliver his sentiments, his duty requires that he should put the Court upon their guard against every deviation, either from essential or necessary forms in their proceedings, or any violation of justice in their final sentence and judgment.

Should it happen that an illegal measure, or an unjust opinion is, nevertheless, persevered in, the Judge Advocate, though not warranted to enter his dissent in the form of a protest upon the record of the proceedings, ought to insert therein the opinion delivered by him upon the controverted point, in order not only that he may stand absolved from all imputation of failure in his duty of giving counsel, but that the error or wrong may be fairly brought under the consideration of the power with whom

*Simmons.

it lies, either to approve and order into effect, or to remit the operation of the sentence.*

The Judge Advocate is at liberty to put such questions as he may think necessary to the different witnesses who are examined, and these questions should always follow or supply the place of those of the prosecutor, as forming in fact but one and the same examination. The Judge Advocate should not be permitted to examine in chief a witness after he has been cross-examined by the prisoner, but he is at liberty to re-examine into any new matter which may have arisen in the course of the cross-examina

tion.*

It is also the duty of the Judge Advocate to take down the proceedings in writing. When, therefore, a witness is called into Court the Judge Advocate administers the oath to him, and next proceeds to take his evidence either by question and answer, or in the way of narrative, in which latter case the exact words of the witness should be as nearly as possible adhered to.

At the close of the business of each day, and in the interval before the next meeting of the Court, it is the duty of the Judge Advocate to make a fair copy of the proceedings, which he continues thus regularly to copy to the conclusion of the trial, when the whole is read over by him to the Court, before the members proceed to deliberate and form their opinions. †

*Kennedy. Tytler. † Kennedy.

In summing up he should inform the Court as to the legal bearing of the evidence, elucidating such parts as may appear worthy of attention; for the evidence might morally satisfy the minds of the Court, and still be legally deficient; or evidence may have been admitted which ought to be rejected from their minds.*

Should the Court be unanimous in their opinion, or sentence, the Judge Advocate is not authorized to insert the word "unanimous."

It is proper that the Judge Advocate should retain in his own possession the original minutes of the proceedings, drawn up by him in Court during the course of the trial, that, in case of any after questions which may be moved in the ordinary Courts of Law, touching the conducting or result of the trial, the Judge Advocate may have recourse to them as necessary documents, if he should be called upon to give evidence in relation thereto.†

It is advisable for this officer to retain in cyphers private memoranda of the vote and opinion of each individual member, that he may be duly prepared to give evidence thereof as a witness by a Court of Justice, or a Court Martial, in due course of law.‡

By referring to the oath of the Judge Advocate, it will appear that this officer is not sworn to conceal the sentence of the Court until it shall be duly approved. The difference between this oath, and that taken by the President *Hough. Tytler. Mc Arthur.

and members, has been made to enable the Judge Advocate to communicate with counsel (should any doubtful points of law have arisen in the trial) previous to the officer, who orders the assembly of the court, finally approving and confirming the proceedings of the Court Martial.*

After the whole of the proceedings have been duly recorded, the sentence of the Court must be fairly engrossed and subjoined to the record copy of the proceedings; the whole must then be authenticated by the signature of the President of the Court, and that of the Judge Advocate.

The absence of a Judge Advocate will not invalidate the proceedings; a Deputy may be appointed, who must be duly sworn, and it must be entered on the face of the proceedings that his warrant has been read in Court.

A Judge Advocate may be relieved in the course of trial, and resume his duties at any moment.*

Members of Courts Martial are not, by acting upon the opinion of the officiating Judge Advocate, exonerated from responsibility both legally, and morally. Whatever degree of deference may be due to the advice of any officiating Judge Advocate, it must be remembered that he is not responsible to any Court of Justice for the opinion he may give.*

Form of Account of Officiating Deputy Judge Advocate.

An Account of the Expenses incurred by

officiating as Deputy Judge Advocate, at a General Court Martial, held at

on

day of

on the

I hereby certify that I have paid the sum for Stationery as specified in the above Account, and that the whole of the said Stationery has been applied to the public service.

Signed,

Officiating Deputy Judge Advocate. I hereby confirm the Account, the necessity and reasonableness of the Disbursements and sums charged herein, amounting to

Signed,

President.

being

Form of Officiating Deputy Judge Advocate's Receipt. Received from the Right Honorable the Judge Advocate General, the Sum of Amount of Expenses incurred as Officiating Deputy Judge Advocate, at General Courts Martial, for the Quarter ending

Signed,