Page:United States Statutes at Large Volume 70A.djvu/135

77 77 (d) Members of a court of inquiry may be challenged by a party, but only for cause stated to the court. (e) The members, counsel, the reporter, and interpreters of courts of inquiry shall take an oath to faithfully perform their duties. (f) Witnesses may be summoned to appear and testify and be examined before courts of inquiry, as provided for courts-martial. (g) Courts of inquiry shall make findmgs of fact but may not express opinions or make recommendations unless required to do so by the convening authority. (h) Each court of inquiry shall keep a record of its proceedings, which shall be authenticated by the signatures of the president and counsel for the court and forwarded to the convening authority. If the record cannot be authenticated by the president, it shall be signed by a member in lieu of the president. If the record cannot be authenticated by the counsel for the court, it shall be signed by a member in lieu of the counsel. §936.

Art. 136. Authority to administer oaths and to act as notary (a) The following persons on active duty may administer oaths for the purposes of military administration, including military justice, and have the general powers of a notary public and of a consul of the United States, in the performance of all notarial acts to be executed by members of any of the armed forces, wherever they may be, and by other persons subject to this chapter outside of the United States: (1) All judge advocates of the Army and the Air Force. (2) All law specialists. (3) All summary courts-martial. (4) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants. (5) All commanding officers of the Navy, Marine Corps, and Coast Guard. (6) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers. (7) All other persons designated by regulations of the armed forces or by statute. (b) The following persons on active duty may administer oaths necessary in the performance of their duties: (1) The president, law officer, trial counsel, and assistant trial counsel for all general and special courts-martial. (2) The president and the counsel for the court of any court of inquiry. (3) All officers designated to take a deposition. (4) All persons detailed to conduct an investigation. (.5) All recruiting officers. (6) All other persons designated by regulations of the armed forces or by statute. (c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized. (d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.

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