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.
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