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Judge-Advocate-General

military, law, courts-martial and deputy

JUDGE-ADVOCATE-GENERAL, an officer appointed in England to assist the Crown with advice in matters relating to military law, and more particularly as to courts-martial. In the army the administration of justice as pertaining to discipline is carried out in accordance with the provisions of military law, and it is the function of the judge-advocate-general to ensure that these disciplinary powers are exercised in strict conformity with that law. Until 1793 the judge-advocate-general acted as secre tary and legal adviser to the board of general officers, but on the reconstitution of the office of commander-in-chief in that year he ceased to perform secretarial duties, but remained chief legal adviser. He retained his seat in parliament, and in 1806 he was made a member of the government and a privy councillor. The office ceased to be political in 1892, and in 1905 its terms and conditions were rearranged as follows: (I) A salary of £2,000 a year ; (2) the holder to give his whole time ; (3) retirement at the age of 7o, with claim to gratuity or pension; (4) the holder to be subordinate to the secretary of State for war, without direct access to the sovereign. The appointment is conferred by letters-patent, which prescribe the review of all field-general, general and district courts-martial held in Great Britain and the duty of advising the sovereign as to the confirmation of the finding and sentence. The deputy judge-advocate is a salaried official in the department of the judge-advocate-general and acts under his letters-patent. A

separate judge-advocate-general's department is maintained in In dia. The judge-advocate-general and his deputy, being judges in the last resort of the validity of the proceedings of courts-martial, take no part in their conduct; but the deputy judge-advocates frame and revise charges and attend at courts-martial, swear the court, advise both sides on law, look after the interests of the prisoner and record the proceedings.

In the United States there is also a judge-advocate-general's department in the army. In addition to being a bureau of military justice, and keeping the records of courts-martial, courts of in quiry and military commissions, it has the custody of all papers relating to the title of lands under the control of the War Depart ment. The judge-advocate-general has the rank of major-general. The officers who serve as judge-advocates, act as prosecutors, not as judges, in all military trials, and occasionally are associated with counsel for the government in cases in the civil courts. There is also a judge-advocate-general in the navy who has the rank of rear admiral.

See further MILITARY LAW, and consult C. M. Clode, Administra tion of Justice under Military and Martial Law (1872) ; Military Forces of the Crown (1869).