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up any written objection to the President, that it may be known by whom it was written. Such paper if submitted to the Court for decision, is recorded as a member submits to the Court ;" for were the member's name recorded on the proceedings his opinion would be thereby divulged. The Court is then cleared, and decides thereon. No member, not even the President, can enter a protest, or minute of objection-the objection, without the assent of the majority of the Court, falls to the ground.*

Members should take written notes of any particular circumstances, or statements made by the prosecutor, prisoner, or witnesses, during the trial, to assist them in forming their opinion on the evidence produced, either in favor of, or against, the prisoner.

Whenever members are in waiting it is right that they should regularly sit, and be present at all deliberations, even when the Court is cleared; as otherwise the sudden indisposition of a member in the last stage of a trial, might for the information of his substitute, occasion its recommencement.†

Should a member be prevented from attending a Court Martial the cause must be duly certified, and that member cannot again resume his seat.

No act can be legally performed by a part only of a Court Martial.‡

When from peculiar circumstances it appears probable *Hough. Sullivan. Kennedy.

D

that a considerable time may elapse before the sentence of a Court Martial will be made known, the members are liable to return to their respective duties in their corps; but such officers are not to be permitted to embark, or quit the place of assembly, either on leave, or duty, until the proceedings of the Court Martial are finally approved. Should the services of any of the members be urgently required elsewhere, a reference must be made to the officer commanding, before they are allowed to go beyond the reach of a summons for the re-assembling of the Court Martial.*

Vide"

GENERAL ORDER, 462, December 21, 1827."

All Commissioned Officers of the army on full pay, all Officers of the General Staff in the receipt of full pay on the Staff, though on half-pay of their regimental rank, and Brevet Officers, whether on half or full pay of their regimental rank, are eligible to sit on Courts Martial; and when associated on such duty, take precedence according to their army rank,

Surgeons, Assistant Surgeons, and Paymasters have on emergencies been required to sit as members of Courts. Martial, but the custom and convenience of the service dictates, that they should not thus be employed, unless in

extreme cases.

Officers of her Majesty's Land and Marine Forces may sit in conjunction on Courts Martial, and take rank according to the seniority of their respective commissions.

*Simmons.

Officers of the Queen's and East India Company's Service, when serving together, may be associated on Courts Martial; officers bearing the Queen's commission taking precedence of officers of equal rank in the Company's Service.*

*Simmons.

PROSECUTOR.

The Prosecution at Courts Martial is always at suit of the Sovereign; and at General Courts Martial it is the duty of the Judge Advocate to prosecute in the name of her Majesty all persons arraigned before these Courts. But it is at the same time the established practice of the Army that the person, if an officer, who either is from his situation the best acquainted with the circumstances to be investigated, or who has individually suffered an aggression or injury from the prisoner to be tried, shall sustain in Court jointly with the Judge Advocate the character of Prosecutor, and as such shall conduct of himself the whole of the prosecution.* †

With the exception of the Judge Advocate, who may be a civilian, no person who is not an officer in the Naval or Military Service can appear in Court as a Prosecutor.*

If the Prosecutor has any opening of his case to submit to the Court he should deliver it before he is sworn, after which, if he is himself a witness, he should be sworn and give his testimony.*

This opening address, or statement, ought to be confined solely to such remarks as tend to elucidate either the origin or the nature of the charges, or to explain the manner in which they are to be substantiated. If it be a written statement the Judge Advocate, or President keeps it, and enters it as read, inserting it after the Court adjourns, and preserving it with the original proceedings.‡ *Simmons. Kennedy. Hough.