Section 56. (1) Before an Indian Marine Court proceeds to try a prisoner, an oat11 shall be made by every member of the' Court in the prescribed manner

(8) I n the case of the death or unavoidable absence of the president of an Indian Marine Court, the next senior member of the Court, if qualified under sub-section (2) or sub-section (3), as the case may be, shall take, the place of the president without special appointment as such. (5) An officer convening an Indian Marine Court shall not sit thereon except as permitted by the proviso to sub-section (1). (6) The president and the other members of every Indian Marine Court shall be named by the authority convening the same. ('7) When an Indian Marine Court, after the commencement of the trial, is reduced to a less number than three members, it shall be deemed to be dissolved. (2) An oath shall be made in the prescribed rna,nner by any person who gives evidence or acts as an interpreter before an Indian Marine Court. Trial of ofi- cers and and of ofi- crew cers and and of ofi- crew crew Trial of ofi- cers and and of ofi- crew 57. When no specific charge is made against any by onecourt. person subject to this Act for, or in respect or in consequence of, the wreck, loss, destruction or capture of any vessel. in the Indian Marine Service, all the officers and crew of the vessel may, if the authority convening the Court thinks fit, be tried together be- fore one and the same Indian Marine Court ; and any of them, when upon his tuial, may be called upon to give evidence on oath touching any of the matters then under inquiry, but no person shall be obliged to give any evidence which may tend to criminate himself. 58. (1) If by reason of the illness of the prisoner before the finding it is impossible to continue the trial, an Indian Marine Court shall be deemed to be dis: solved : Dissolution of Court ou illness of plisoner. Proridecl that, whe~e more prisoners than one are being tried and the trial of only one oy some of them is rendered impossibIe by illness, the Court niay, if it sees fit, continue the trial of the other or others, and, where the Court SO continues the triai, it shaii be cleemecl (4) A person acting as prosecutor shall not be a member of the Court. (9) If such next senior member is not qualified as aforesaid, the Court shall be deemed to be dissolved. Procedure a,t the `Trial.` Procedure a,t the `Trial.` 54. An Indian Marine Court shall be held on Place of sithoard one of Her Majesty's Indian Marine vessels or ~~~~~~~~ on land. . 55. As soon as an Indian Marine Court is assem- Challenge. bled, the names of the members of the Court shall be read over to the prisoner, who shall be asked if he objects to being tried by any of them ; if the prisoner objects to any member, the objection shall be decided by the Court ; if the objecttion is allon.ed, thc place iif the nlelllber objected to shall be filled up by tlie officer 2 5 I?zc&ian Muri?ze. [ACT ( Chnptcr IK-l?zclinn. Mctrz'ne C?07~rts.--rYec- tions 56-68.) [ACT `XLV` officer next in seniority available for the duty who `is` not on the Court, subject to the regulations con. tained in section 53, sub-sections (2), (3), (4) `and` (5) : Provided that where the Court, is composed as in the proviso to section 53, sub-section ( I ) , and no officer qualified under that section is available to take the place of the officer objected to, the Court shall, after recording the objection, proceed with the trial in like manner as if the objection had been disallowed. CHAPTER IV. Constitution of the Court. 52. `(1)` The following authorities sha.11 have power to convene Indian Marine Courts, namely :- - (a) the Governor General in Council ; - (b) the Director of Marine ; - (c) an officer empowered in that behalf by warrant of the Governor General in Council : Provided that an Indian Marine Court assembled for the trial of a gazetted officer sllall be convened only by, or with the previous sanction of, the Governor. General in Council. `(2)` When `a` ship or ships Ts or are detached on separate service, and when immediate example is necessary, and without detriment to the public service reference cannot be made to superior authority, the officer in command of the ship or ships may, without warrant, convene an Indian Marine Court for the trial of any person under his command being subject to this Act and below the rank of a gazetted officer. `53. (1)` An Indian Marine Court shall consist of a president and not less than two or more than four other members of rank not inferior to that of first gmde officer as may be ordered by the convening authority : Provided that an Indian Marine Court convened under section 52, sub-section `(2),` may be composed of the officer convening the same as president and the two graded officers next in seniority available for the duty. `(2)` The president of an Indian Marine Court for the trial of a commander shall always be a commander, and two at least of the other officers composing tlle Court shall be commanders. 4 1 ,- ,- i (3) The president of an Indian Marine Court for the trial of any person below the grade of commandel;, except an Indian Marine Court convened under section 52, sub-section (a), shall be a commander. 56. (1) Before an Indian Marine Court proceeds to try a prisoner, an oat11 shall be made by every member of the' Court in the prescribed manner. Oaths. deemed to have becn dissolved only with respect to the prisoner or prisoners whose illness caused the continuance of his or their trial to be impossible. (2) ?hen the illness with which a prisoner is affected IS ~nsanity, the Oourt shall proceed, as uearly as circumstances admit, ip the same manner as a Magistrate or Court may proceed, under section 466 of Of lsR2. the Code of Criminal Procedure, 1882, when an accused person is found to be of unsound mind and incapable of making his defence.