eas
LPS Se rst
cH
i?
Cite
ea
Aon ads
iss
te
Ones
Seid
a
ROK
4
bs
if
,
Oy
ee
de
Se ee
So dlr TIE
ay EPI poe TD
Seas
SS
SSNS
Go
7
N
SRS
Seas wee ee es
aoe
Sis
bit
ta
aft
as
SSS eax
SSN Rae
SR es 4 2
Raheem
Carnell Law School Library
Petia
7 ii iin i i it
025 001
LAWS OF THE
UGANDA PROTECTORATE,
LAWS OF THE
UGANDA PROTECTORATE
IN FORCE ON THE
31st DECEMBER, 1909,
WITH
APPENDICES
CONTAINING
ORDERS OF THE KING IN COUNCIL, AND THE BUGANDA,
TORO AND ANKOLKE AGREEMENTS.
COMPILED
UNDER THE AUTHORITY OF THE GOVERNMENT
BY
G. F. M. ENNIS
(of the Middle Temple, Barrister-at-Law),
Principal Judge, HM. High Court of Uganda,
AND
W. MORRIS CARTER, B.A, B.C.L,
(of Brasenose College, Oxford, and of Lincoins Inn, Barrister-at-Law),
Judge, HM. High Court of Uganda.
PUBLISHED BY
STEVENS & SONS, LIMITED, 119 & 120, CHANCERY LANE, LONDON.
PRINTED BY
WATERLOW AND SONS LIMITED, LONDON WALL, LONDON.
1910.
[Appointed by the Government of Uganda the Government Printers of this compilation
of Laws within the meaning of The Evidence (Colonial Statutes) .tct, 1907 ]
Iv.
TABULAR STATE)
LEGIT
THe UGANDA ORDER
|
* Crvin Law.
(230479,
Laws RELATING TO THE ADMINISTRATION OF JUSTICE.
Courts (Chap. 1). Criminal Law Laws of Interpretation and
Evidence (Chap. 2). (Chap. 6). Application (Chap. 7).
Oaths (Chap. 3).
Civil Procedure (Chap. 4).
Criminal Procedure (Chap. 5).
MAINTENANCE OF GOVERNMENT.
Pusiic SERVANTS. Protective MEasuReEs. oe
Designation of Officers Arms and Ammunition (Chap. 10). Fees, Taxes, and
(Chap. 9). Deportation and Removal Stamp Duties
Prohibition on Trade (Chap. 11). (Chap. 15).
(Chap. 9). Police (Chap. 12). Customs, Transit,
Prisons (Chap. 13). and Road and
Outlying Districts (Chap. 14). Wharfage
(Chap. 16).
| |
Lanp anp ComMMUNICATIONS. ANIMALS,
CorPORATIONS, TRADE AND FINANCE.
Towns Post Office Land Cattle, Companies (Chap. 30).
(Chap. 17). (Chap. 19). (Chap. 25). Game, Corporations (Chap. 31).
Ports Telegraphs Mining - Animals and Trade (Chap. 32).
(Chap. 18). (Chap. 20). (Chap. 26). Ostriches _ Brokers (Chap. 33).
Railways. Forests (Chap. 29). Documents-- Registration
(Chap. 21). (Chap. 27). (Chap. 34).
Rivers Plants
Savings Bank (Chap. 35).
Bankruptcy (Chap. 36).
Currency (Appendix the Western Province, and’ the Kingdom
of Uganda, each to be a Sessions Division of which the Sessions Court shall ordinarily
sit at Wadelai, Hoima, and Kampala respectively ; and appoint the Sub-Commissioner
of the said Provinces or any persons acting in that capacity to be the Sessions Judges
of the respective divisions.
2. I hereby appoint the following officers to be Magistrates of the first, second
and third class respectively, and declare that they shall exercise their powers within
the local areas conterminous with the administrative districts to which they may be
appointed.”
To be Magistrates of the first class :—
James Martin. F, A. Kxow ues.
Srantey C. Tomxins, C. M. G. F. Spire,
H. Gatr.
To be Magistrates of the second class :—
H. PRENDERGAST. H. R. Maxrep.
F. H. Leakey. C. W. G. Epey.
W. Y. WynpHam. T. Grant.
To be Magistrates of the third class :—
V. N. Manara. W. R. WALKER.
L. H. Cusirr. A. H. Warson.
C. E. Dasnwoop. C. Yorke.
3. I further appoint all Sub-Commissioners, Collectors and Assistant Collectors
to be Subordinate Judges in Civil matters to exercise jurisdiction within the
administrative areas respectively assigned to them.?
ENTEBBE, J. HAYES SADLER,
15ra DrcemBer, 1902. H, M. Commissioner,
4 Now the Eastern Province; see proclamation 5th April, 1907, Appendix, page 897.
5 Now the Northern Province, ibid.
6 For variations of the provisions of Clause 1, sre the notices following,
7 For administrative areas, see Chapter 9, post, page 151.
Cuap. 1.] Courts. 5
I hereby appoint all Collectors, and persons acting in that capacity while so
acting, to be first class Magistrates, and declare that they shall exercise their powers
within the administrative areas respectively assigned to them.
ENTEBBE, GEORGE WILSON,
15tu December, 1904. Acting Commissioner.
I hereby declare that the area within which the Acting Sub-Commissioner of the
Eastern Province shall exercise the Civil jurisdiction of a ‘Sub- Commissioner shall be
limited to the district of Bukedi.
ENTEBBE, GEORGE WILSON,
2np May, 1907. Acting Commissioner.
In exercise of the powers vested in me I hereby invest all Magistrates of first,
second and third class with the additional powers which may respectively be confer red
upon them under The Code of Criminal Procedure, Section 37, by the Local Govern-
ment, Rerpent the power to Magistrates of the first class to try summarily under
Section 260, and to hear appeals from convictions by Magistrates of the second and
third class under Section 407.
ENTEBBE, H. HESKETH BELL,
6rH June, 1908. Governor.
I hereby appoint Mr. F. A. Knowles, Sessions Judge of the Northern and
Western Provinces, and the notice of the 15th December, 1902, appointing the Sub-
Commissioner to be Sessions Judge is varied accordingly. And, further, I hereby
confer on Mr. Warren 8. Wright, Magistrate of the second class, the powers of a
first class Magistrate while holding the appointment of Assistant Collector at Hoima.
ENTEBBE, H. HESKETH BELL,
6ru June, 1908. Governor.
His Excellency the Governor has been pleased to appoint Mr. T. Grant,
Sessions Judge of the Northern and Western Provinces until further orders, and the
notice of the 6th June, 1908, is varied accordingly.
ENTEBBE, STANLEY C. TOMKINS,
20TH January, 1909. Acting Chief Secretary to the Government,
NOTICES.
Unprr Tur SuporpinatE Courts Orpinance, 1902.
I hereby direct that the ordinary jurisdiction of Subordinate Judges in Civil
Cases be limited as follows :—
In the case of Sub-Commissioners to cases in which the subject
matter of litigation does not exceed : ... Rs. 1,500.
In the case of Collectors to cases in which the subject matter of
litigation does not exceed . » 9800,
In the case of Assistant Collectors to cases in which the © subject
matter of litigation does not exceed
ENTEBBE, G. F. M. ENNIS,
5TH Fesruary, 1903. Judge of the High Court.
6 Laws of the Uganda Protectorate. [Cuap. 1.
I hereby extend the ordinary jurisdiction of the Sub-Commissioner of the
Nile Province® in Civil Cases to cases in which the subject matter of litigation
does not exceed Rs. 3,000.
ENTEBBE, G. F. M. ENNIS,
18TH Marcu, 1904. Judge, HAM, High Court of Uganda.
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, I hereby extend the jurisdiction of the Collector, Fort Portal, or any
Officer acting in that capacity in Civil Cases in the Toro District, while the Sub-
Commissioner is absent from the Western Province, to cases in which the subject
matter does not exceed Rs, 1,500.
ENTEBBE, G. F. M. ENNIS,
2np January, 1908. Principal Judge.
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, I hereby extend the jurisdiction of the Collector, Hoima, or any
Otlicer acting in that capacity in Civil Cases in the Unyoro District, to cases in which
the subject matter does not exceed Rs. 1,500. :
ENTEBBE, G. F. M. ENNIS,
3rp January, 1908. Principal Judge.
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, I hereby extend the jurisdiction of the Collector, Mbale, or any
Officer acting in that capacity in Civil Cases in the Bukedi District, to cases in which
the subject matter does not exceed Rs. 1,500.
ENTEBBR, G. F. M. ENNIS,
8TH January, 1908. Principal Judge.
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, 1 hereby direct that the ordinary jurisdiction in Civil Cases of the
Subordinate Judge for the cantonment of Bombo be limited to cases in which the
subject matter of litigation does not exceed Rs. 150.
ENTEBBE, G. F. M. ENNIS,
131TH June, 1908. Principal Judge, Hull. High Court of Uganda.
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, I hereby extend the jurisdiction of the Assistant Collector at
Gondokoro in Civil Cases to cases in which the subject matter does not exceed
Rs. 500.
ENTEBBE, G. F. M. ENNIS,
20Tn Aveusr, 1908. Principal Judye, Hal. Ligh Court of Uganda.
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, I hereby extend the jurisdiction of the Collector at Jinja in Civil
Cases to cases in which the subject matter does not exceed Rs. 1,500.
ENTEBBE, G. F. M. ENNIS,
l4vu Supremper, 1908. ; Principal Judge.
Cuap. 1.] Courts. 7
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, I hereby extend the jurisdiction of the Assistant Collector at Mbale
in Civil Cases to cases in which the subject matter does not exceed Rs, 500.
ENTEBBE, G. F. M. ENNIS,
1l4ru SeprempBer, 1208. Principal Judge.
In exercise of the powers conferred upon me by The Subordinate Courts
Ordinance, 1902, I hereby extend the jurisdiction of the Collector at Nimule in Civil
Cases to cases in which the subject matter does not exceed Rs. 1,500.
ENTEBBE, G. F. M. ENNIS,
297TH SEPTEMBER, 1908. Principal Judge.
We hereby direct that the ordinary jurisdiction of the Town Magistrate,
Entebbe, as a Subordinate Judge in Civil Cases be limited to cases in which the
subject matter of litigation does not exceed Rs. 1,500 in value.
ENTEBBE, G. F. M. ENNIS,
8tH DecemBer, 1908. Wu. MORRIS CARTER,
é Judges.
The jurisdiction of Subordinate Judges for the purpose of executing decrees ~
sent to them under the provisions of Section 223 of the Civil Procedure Code is
hereby limited to Rs. 2,000, or the pecuniary limits of their ordinary jurisdiction,
whichever may be greater.
ENTEBBE, G. F. M. ENNIS,
Qnp Aprit, 1909. Wu. MORRIS CARTER,
Judges.
In exercise of the powers vested in the High Court by The Subordinate Courts
Ordinance, 1902, we hereby extend the jurisdiction of the District Commissioner at
Kampala in Civil Cases to cases in which the subject matter does not exceed
Rs. 1,500.
ENTEBBE, G. F. M. ENNIS,
1l5vH June, 1909. Wa. MORRIS CARTER,
Judges, H.M. High Court of Uganda.
I hereby direct that the ordinary jurisdiction of the Acting Town Magistrate,
Kampala, as a Subordinate Judge in Civil Cases be limited to cases in which the
subject matter of litigation does not exceed Rs. 1,500 in value.
ENTEBBE, Wn. MORRIS CARTER,
1l4tH DecemBer, 1909. Acting Principal Judge.
8 Laws of the Uganda Protectorate. [Cuap. 1.
RULES OF COURT. *
RuLgEs MADE By THE HicH Courr uNDER ARTICLE 22 or THE UGANDA
ORDER IN Counciz, 1902.
COURT FEES. ;
(1.) The fees specified in the schedule hereto annexed shall henceforth be
leviable in the Courts of Uganda.
(2.) The Rule made on the 18th March, 1903, is hereby cancelled.
(3.) These Rules may be cited as “ The Court Fees Rules, 1908.”
ENTEBBE, G. F. M. ENNIS,
10rn January, 1908. W. MORRIS CARTER,
Judges, H.M. High Court of Uganda.
APPROVED :
H. HESKETH BELL,
Governor.
SCHEDULE.
I.—Civil.
- 1. For taking particulars of plaint a sine a sie .. Rs. 0°50
2. In all suits unless otherwise specified—
Where the amount involved is—
(a) Not exceeding 10 rupees . » 0°50
(6) Not exceeding 50 rupees an aed sas hoe “es 33 d:00
(c) Exceeding 50 rupees and not exceeding 100 rupees... as 9) ~=—'200
An additional fee of 2 rupees for every
100 rupees or part thereof up to 1,000 rupees,
(d) Exceeding 100 rupees... and an additional fee of 1 rupee for every
100 rupees in excess of 1,000 rupees. The
whole fee levied not to exceed 1,000 rupees.
. On submission of special case, to include hearing we Rs. 30-00
. In every suit where it is impossible to estimate the subject matter
at a money value, and with regard to which no special fee is
prescribed, unless in any class of cases the Judge otherwise orders ,, 10:00
Provided that in every case where by reason of any finding or order
of the Court a declaration of ownership of any money or
property is made, an ad valorem fee at the same rate as in
fee 2 shall at once become payable, less the fee already paid.
An ad valorem fee of 5 per cent. on the
yearly rental of the property (in addition to
the fee leviable for recovery of rent, if.any,
| claimed under fee 2).
6. On every interlocutory application, including the filing of an affidavit
in support ... és ase ic see ave es .. Rs. 3-00
On every order made thereon... ine sits ee ws we gy 2°00
Hm Oo
5. In a suit by a landlord against
tenant for recovery of pos-
session... one
=
8 These Rules are printed here, rather than in the Appendix, for the sake of convenience,
Cuap. 1.] Courts. 9
PD
©
13.
14.
16.
17.
18.
19,
20,
21,
a9
atte
a
24,
25.
23.
. On probate or administration in {
. On application for a mandamus or final prohibitory injunction
unless the Judge otherwise orders ... RBs. 50:00
. Every summons, motion, application or demand taken out, ‘made or
filed (not particular ly charged)... ag wee g3-— «900
. On every decree or order (not particularly charged) | es wm yy 2°D0)
. On order of adjournment of
hearing rendered necessary Such sum as the Judge may
by default of either party | order, not exceeding... eee 5, - 10°00
to be paid by that party)...
Pp y y
. On transfer of decree (including application) from one Court to another within
the Protectorate—
ee \ An inclusive fee... Rs 5-00
Where the amount of the decree exceeds Rs. 150, fees 9, 10, 58
and 67 will be charged.
On the issue of every warrant of execution against property—
(a) For an amount not exceeding
100 supees To include keeping = 200
(b) Exceeding 100 rupees and not : pins
ding 500 rupees _ | possession for 15 days 5-00
aa P unless the Court other- a
(c) Exceeding 500 rupees and not egies aida
exceeding 1,000 rupees ... ‘ », 10-00
(d) Exceeding 1,000 rupees », 20.00
On the issue of every warrant of arrest under Chapter XXXIV. of
the Code of Civil Procedure and in execution » 5°00
. On taking or passing an account by an officer of the Court, otherwise
than in Court, unless the Judge otherwise orders », 10:00
And in addition for every hour or part thereof after the first » 9°00
Il.—Criminal (in private prosecutions unless specially directed
by the Court to be free).
On the issue of every summons or warrant (not specially charged)... ,, 2°00
On the issue of every witness summons j » 1:00
For service (or execution)——
(a) Within 2 miles (English) of Court issuing the same » 1:00
Such fees as will cover the cost of
(b) Beyond that distance ie but not less than 2 rupees.
On hearing... Sa ee site a és is 2-00
On warrant of commitment
On every recognizance or bail bond. o
On any proceedings in respect of offences under Chapter XXTI. of
the Indian Penal Code fees shall be charged as far as possible
upon the same scale as in a Civil action for damages.
III.—Probate and Administration,
On application for probate or administration 2 5, 15-00
On oath for every ee administrator, or surety ww ay 150
On every security : » 15:00
Provided that the sum levied in respect of fees 23, 24, and 25 shall not in the
aggregate exceed 5 per cent. of the net value of the estate.
; The like sum as was payable in England
or stamp duty under section 27 of the Act
ahs Piece ose al 44 Vict., cap. Toi in like cases.
Provided that where the J ade shall be satisfied that estate duty under
“The Finance Act, 1894” (57 and 58 Vict., cap. 30), or under “The
® Section 35 of The Uganda Police Ordinance, 1908, rendered fees and duties on recognizances
and bail bonds in criminal cases inoperative, page 175.
10 Laws of the Uganda Protectorate. [Caap. 1.
Finance Act, 1896” (59 and 60 Vict., cap. 28), or any Act amending the
same, has been paid in the United Kingdom i in respect of property passing
on the death of the deceased situate at any place within the jurisdiction
of the Court, it shall be lawful for the Court to repay to the legal personal
representative the amount paid in respect of that property on obtaining
probate or administration.
27. On filing account ee nk ee wn with se ... Rs. 10°00
28. On passing account ... at ie . 3, 15°00
29. In the case of als not exceeding | 1500 ( 5 per cent. on gross value of the
Nos. 23°24, of en - q 2 : { estate, not exceeding 50 rupees.
30. On lodging acaveat ... .. Rs. 5:00
31. Where the Court itself winds up an estate or grants probate or
administration to the Administrator-General af the Protectorate,
or other officer of the Protectorate, in his official capacity, a fee
shall be charged at the rate of 5 per cent. upon the gross value
of the estate.
Iv.—Bankruptcy and Liquidation by Arrangement or Composition.
32. On declaration by a debtor of inability to pay his debts... . Rs. 4:00
33. On application under Chapter XX. of The Code ve Civil Procedure’ » 400
34, On bankruptcy petition it . 4, 80°00
35. On petition for arrangement or composition le Sd see gy-:L500
36. On order of adjudication - a es tee we 5, 15°00
37. On meeting or adiournment of meeting = na Bad we 5, 15°00
38. On order of discharge... ae die — aoe ea see 37: 80°00
39. On notice to eraditars (each) .. sos obs oe ai oe ge «| ORD
40. On preparing advertisement . » 4:00
Provided that if, on account of the small value of the
estate, the Judge thinks fit to reduce any of the above
fees (numbered "32 to 40), he may do so.
YV.—Miscellaneous,
41, For service (or execution) of summons, petition, answer, motion-
paper, notice, warrant, decree, order, or other document on a
party, witness, assessor, or other person under any branch
whatever of the Civil jurisdiction—
(a) Within 2 miles (English) of the Court issuing the same ghee pe | AROO
(8) Beyond that distance 4 ‘ Such fee as will cover the cost of service,
ut not less than 2 rupees.
42. On the issue of every witness summons, notice or warrant (not
particularly charged) ae .. Rs. 1:00
43. For attending to view, in addition to all expenses ‘incurred,
unless the Judge otherwise orders si sas wee 57 1000
44. On taxation of any bill of costs, for every ten folios 4 we 95 5 00
45, On deposit of any document ‘ ee — si we «gp, L060
46. For taking an aflidavit or declaration one asi nes see gy, «| 00
47. For every exhibit to an affidavit or declaration —... » 0°50
48. For attending to administer an oath or affirmation, or to take a
declaration elsewhere than at the otfices of the Court, in
addition to the ordinary fee thereon sah digi we 5, 500
49, On every deposition taken by the Judge before trial stg weg, 500
10 This fee is inoperative, as Chapter XX. of The Code of Civil Procedure was repealed in India
in 1907; see also The Applied Indian Acts Ordinance, 1909, post, page 130.
Cuar. 1.] Courts. 11
50.
7.
58.
59.
61.
62.
63,
64,
65.
66.
67.
68.
69.
On evidence taken on commission—
(a) To be charged by the officer taking the evidence ‘ .. Rs, 10-00
(6) And in addition for every hour or part ther . after the first . » 9°00
. On balance of estates of deceased persons 21 per cent on fife amount or
paid into Court eee value not exceeding 1,000 rupees
2. For superintending or taking an ‘inventory and 1 per cent, above, in no
3. On deposit of any money or valuables in | case exceeding a total fee of
Court ... re 50 rupees.
. On payment of any money into “Court in {1 per cent, not exceeding a
an action ... f total fee of 25 rupees.
. On filing in the High Gaunt any “donnment for the filing whereof
no other special fee is prescribed under the present Schedule ... Rs. 2:00
. On filing in any Court, other than the High Court, any document
for the filing whereof no other special fee is prescribed under
the present ‘Schedule one wa 4, +100
For certifying documents for use in judicial ‘proceedings —
(a) For the first folio of 100 words . a aie aia wae 4 ~ 2F00
(6) For each subsequent folio 308 i bas sen weg, +100
For certificates not otherwise provided for ... Sa ae sex gy 2200
For certifying a signature or seal... ea oes vee gy £00
. For attendance of an officer of the Court ait ¢ a sale », 10:00
And in addition for every hour or part ther eof after
the first ... : aR avd oe a ses 53 «900
On reference to the archives .. she we gy 200
For certified copy of any document in the archives—
(a) For the first folio of 100 words ... oa aS Me we gy 200
(0) For each subsequent folio st aa wee gy~—Soi 00
For uncertified copy of any document i in the archives—
(a) For the first four folios or part thereof .. sin ms ae Gye 00
(6) For each subsequent folio es os se ay “ORD
For an official certified translation of any document—
(a) For the first folio.. a oe tie i ve gg ~~ 800
(b) For each subsequent folio A ae vey = 400
For certifying a translation tendered by a party—
(a) For the first folio.. fee fat we gy) 4°00
(6) For each subsequent folio or part ‘thereof . » 2°00
For communication with another tribunal out of the jurisdiction
of the High Court . » 8:00
For communication with another tribunal within the jurisdiction
of the High Court . » 2°00
On every recognizance or bail bond unless directed by the Court
to be free... » 1:00
On a reference to the High ‘Court other than an n appeal unless
the Judge otherwise orders ex ba se as wey L000
VI.—Appeal.,
(4) ON APPEALS FROM ANY COURT WITHIN THE PROTECTORATE
70.
TO ANY OTHER COURT WITHIN THE PROTECTORATE.
(i.) In Civin Marrers.
| An ad valorem fee of 4 rupees for
On filing a memorandum of appeal every 100 rupees or part thereof,
| -sadh fee not to exceed 40 rupees,
Provided that, if the appeal be abandoned, half the fee shall be
returned.
12 Laws of the Uganda Protectorate. [Cuap. 1.
71. On every appeal where it is not possible to ) A fee not to exceed twice
estimate the subject matter at a money the fee charged in the Lower
value : srs Court.
Provided that, if appeal be. abandened, half the fee shall be returned.
. On every security for costs ... en Sc .. Rs. 5:00
(ii.) In Criminan ere
73. On filing a memorandum of appeal . wes 5, 10°00
Provided that the Judge may reduce ‘this fae at his ‘Gisesation,
(B) ON APPEAL FROM THE HIGH COURT TO THE COURT OF
APPEAL FOR EASTERN AFRICA.
(i) In Crvin Marvers.
74. On filing memorandum of appeal... in a a ... Rs. 50°00
75. On every security for costs... ack gx. DOO:
76, On record of appeal (including expenses of Such sum as the Court may
transmission) oS is \ direct.
Gi.) In Criwinan Marrers,
77. On the appeal ... cr a ae u é se .. Rs. 10°00
{ Or — less sum as the Court
may direct.
VII—On Admission of Legal Practitioners.
. On certificate of admission to practise isi os bie ... Rs. 200-00
. On each annual renewal of such certificate ... » 30°00
1-1
ow
LEGAL PRACTITIONERS.
I.
The following persons shall be entitled to practise before H.M. High Court
of Uganda, or any of the Courts subordinate thereto, upon the terms and subject
to the conditions hereinafter contained :—
1. Members of the Bar of England, Scotland, or Ireland (hereinafter referred
to as Barristers).
2. Solicitors of the Supreme Court in England or Ireland, Writers to the
Signet and Law Agents!! in Scotland (hereinafter referred to as Solicitors).
3. Pleaders who have been admitted to practise before one of the High Courts
in India,
4, Native vakeels as hereinafter provided.
IT.
Any barrister, solicitor, or pleader upon producing to the Senior Judge of the
High Court (hereinafter referred to as the J udge) satisfactory proof of his ~ qualifica-
tion and such testimonials as to character as the J udge shall deem satisfactory, and
" Amended, as here printed, by The Uganda Legal Practitioners (Amendment) Rules, 1909.
Cuap. 1.] Courts, 13
upon payment of the prescribed fee, and upon signing the roll of the High Court
shall be admitted to practise in the High Court and the Courts subordinate thereto.
Such barrister, solicitor, or pleader will thereupon become and be styled a pleader
of the High Court of Uganda (hereinafter referred to as a pleader), and shall continue
to be a pleader so long as he takes out the annual certificate to practise hereinafter
referred to, and is not struck off the roll as hereinafter mentioned.
III,
Barristers, solicitors, and pleaders of a High Court in India will take precedence
in the order named and as between themselves according to the date of their signing
the roll of the High Court, provided always that any pleader appointed to represent
His Majesty or the Protectorate Government, under whatever designation, shall take
precedence of all other pleaders.
IV.
If, in the opinion of the Judge, the number of pleaders is insufficient for the
public requirements in any Court, he may, in his discretion, admit other persons of
good character and sufficient capability to practise in that Court, but such persons
shall only be licensed to practise during the pleasure of the Judge.
Vv.
In any proceeding in the High Court or any of the Courts subordinate thereto
native vakeels may, in the discretion of the Judge, be permitted to represent natives,
upon such terms and conditions as the Judge may think fit.
VI.
The Judge may, after such inquiry as he thinks fit, suspend or dismiss any
pleader for any of the following causes :—
1. If he takes instructions in any case except from the party on whose behalf
he is retained, or some person who is the recognized agent of such party within the
meaning of The Indian Civil Procedure Code, or some servant, relation or friend
authorized by the party to give such instructions,
2. If he is guilty of fraudulent or improper conduct in the discharge of his
professional duty, or misleads, or allows the Court to be misled, so that the Court
makes an order which he knows to be wrong or improper.
3. If he tenders, gives, or consents to the retention out of any fee paid or payable
to him for his services of, any gratification for procuring or having procured the
employment in any legal business of himself or any other pleader.
4. If he directly or indirectly procures, or attempts to procure, the employment
of himself as such pleader, through or by the intervention of any person to whom
any remuneration for obtaining such employment has been given by him, or agreed or
promised to be so given.
5. If he accepts any employment in any legal business through a person who has
been proclaimed a tout as hereinafter mentioned.
6. If he is otherwise guilty of unprofessional conduct.
VIL
In the event of any pleader being suspended or dismissed under the last mentioned
Rule, he shall be at liberty to appeal to H.B.M. Court of Appeal for Eastern Africa,
14 Laws of the Uganda Protectorate. [Cuap. 1.
VIII.
“Tout” means a person who procures the employment in any legal business of
any legal practitioner in consideration of any remuneration moving from such prac-
titioner, or proposes to a legal practitioner to pee his employment i in any legal
business in consideration of such remuneration,
IX.
1. The Judge and any subordinate Judge, or class of Judges, authorised by the
Judge, may frame and publish lists of persons proved to his or their satisfaction by
evidence of general repute or otherwise habitually to act as touts, and may from time
to time alter and amend such lists.
2. No person’s name shall be included in any such list until he shall have had an
opportunity of showing cause against such inclusion.
3. A copy of every such list shall be kept hung up in every Court to which the
same relates.
4. The Judge may by general or special order exclude from the precincts of his
Court, or any Court subordinate to himself, any person whose name is included in
any such list.
5. Any person whose name is included in any such list shall be deemed to be
proclaimed as a tout within the meaning of Rule VI. (5).
X,
When a suit is brought to enforce any agreement entered into by any pleader
with any person retaining or employing him respecting the amount and manner of
payment for the whole or any part of any past or future services, fees, charges, or
disbursements in resvect of business done, or to be done, by such pleader, if the
agreement is not proved to be fair and reasonable, the Court may reduce the amount
payable thereunder or order it to be cancelled, and the costs, fees, charges, and
disbursements in respect of the business done to be ascertained in the same manner as
if no such agreement had been made.
XI.
Such an agreement shall exclude any further claim of the pleader beyond the
terms of the agreement with respect to any services, fees, charges, or disbursements
in relation to the conduct and completion of the business in respect of which the
agreement is made, except such services, fees, charges, or disbursements, if any, as
are expressly excepted by the agreement.
XII.
A provision in any such agreement that the pleader shall not be liable for
negligence, or that he shall be relieved from any responsibility to which he would
otherwise be subject as such pleader, shall be wholly void.
XITI.
On the admission of a pleader he will be granted a certificate to practise up to
the 31st December next following the date of his admission, and every pleader
desirous of practising thereafter shall renew his certificate on the lst January
in every subsequent year, and shall pay the prescribed fee upon the renewal of his
certificate.
Cuar. 1.] Cours. 15
No pleader shall be entitled to practise in any year until he shall have taken out
a certificate to practise during that year, and any pleader who shall infringe this
Rule shall be liable to be struck off the roll, and to pay a penalty of 100 rupees
for each separate occasion on which he may practise without having obtained such
certificate.
XIV.
The following fees shall henceforth be leviable :—
1. On certificate of admission to practise in the Protectorate Courts... Rs. 200
2. On each annual renewal of such certificate ... ee sae aor » 30
XV.
These Rules may be cited as ‘The Uganda Legal Practitioners Rules, 1904.”
ENTEBBE, G. F, M. ENNIS,
20TH Fesruary, 1904. Judge,
HM. High Court of Uganda.
Approved :
J. HAYES SADLER,
HM. Commissioner.
LEGAL PRACTITIONERS.
1. These Rules may be citedas “The Uganda Legal Practitioners (Amendment)
Rules, 1909.”
2. The words “law agents” are hereby substituted for the words ‘Solicitors
to the Supreme Courts” referring to Scotch Solicitors in Rule I (2) of The Uganda
Legal Practitioners Rules, 1904.
ENTEBBE, ' G. F. M. ENNIS,
lira June, 1909. Wm. MORRIS CARTER,
Judges,
IM. High Couri of Uganda,
APPROVED :
STANLEY C. TOMKINS,
Acting Governor.
No. 5 of 1905.
UNYORO NATIVE COURTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Unyoro — Short Tine.
Native Courts Ordinance, 1905.”
2. In addition to H.M. High Court of Uganda cous.
and the Courts constituted by the Subordinate Courts
Ordinance, 1902, there shall be the following Courts
16 Laws of the Uganda Protectorate. [Cuap. 1.
in Unyoro for the trial of cases between natives of
that Province.
I. The Native Appeals Court of Unyoro.
Il. The Court of the Lukiko.
III. The Saza Courts.
IV. The Sub-Chiefs Courts.
PENSE Et: 3. The Native Appeals Court of Unyoro shall
consist of the Senior European Official of the
Province or other European Official of the Pro-
tectorate specially appointed by the Commissioner in
that behalf, who shall be the President of the Court,
sitting in Council (open baraza) with the Kabaka and
Chiefs of Unyoro.
4, Except as otherwise provided by law or as
herein contained, the said Court shall consider and
decide all Banyoro cases presented to it, or which
may come before it, and the concurrence of the
President of the Court shall be essential to a
decision and sentence.
5. Any person aggrieved by a decision or
sentence of the Court of the Lukiko, The Saza
Courts or The Sub-Chiefs Court may present his
case to the Native Appeals Court for consideration
and further decision.
ae (comb: ob eis 6. The Court of the Lukiko shall consist of the
Lukiko of Unyoro ; and the Kabaka, when present,
shall be the President.
7. Except as otherwise provided by law or
herein contained, the Court of the Lukiko shall hear
and decide :-— .
(i.) All cases when a native of Unyoro is
charged with killing another (native of Unyoro).
(ii.) All other Banyoro cases where the
punishment awardable by the Saza or Sub-
Chiefs Courts appears to be inadequate for the
offence.
(ii.) All Banyoro cases where the amount or
value of the subject matter in dispute exceeds
Rs. 50.
8. Any person aggrieved by a decision or
sentence of a Saza Court or a Sub-Chief’s Court
Cuap. 1.] Courts.
17
may present his case to the Court of the Lukiko for
consideration and further decision.
9. Every Chief of a Saza in Unyoro shall hold
a Court and except as otherwise provided by law or
herein contained shall hear and decide :—
(i.) All cases in which a native of Unyoro
is accused of an offence ; provided always that
a greater punishment than six months rigorous
imprisonment, or fine of 30 rupees, or whipping
of 12 lashes shall not be imposed by a Saza
Court.
(ii.) All Banyoro cases in which the amount
or value of the subject matter in dispute is
50 rupees, or less.
10. Sub-Chiefs specially appointed by the
Commissioner in that behalf shall hold Courts and,
except as otherwise provided by law or herein
contained, shall hear and decide :—
(i.) All cases in which a native of Unyoro
is’ waeed of an offence ; provided always that
a greater punishment than one month’s rigorous
imprisonment or fine of 5 rupees or whipping of
six lashes shall not be imposed by any such
court.
(ii) All Banyoro cases in which the amount
or value of the subject matter in dispute does
not exceed 15 rupees.
11. The Commissioner may by order under his
hand, in any case or class of cases in which it may
be deemed just and expedient, transfer any case or
class of cases for trial from any Court established
under this Ordinance to any other Courts in the
Protectorate.
12. There shall be an appeal to His Majesty’s
High Court of Uganda from the Courts established by
or under this Ordinance (1) in Criminal matters
where a sentence of death or of imprisonment
exceeding five years or of fine exceeding 500 rupees
_ has been passed, and (2) in Civil matters in cases
where the amount or value of the subject matter of
the suit exceeds 1,500 rupees.
13. For the purpose of a permanent record the
Courts established by or under this Ordinance shall
send monthly, as soon after the end of each month
2
The Saza Courts.
Sub-Chiefs
Courts.
Transfer of cases.
Appeal to H. M,
High Court of
Uganda,
Records.
18 Laws of the Uganda Protectorate. [Cuap. I.
as possible, a return of the cases tried by them to
the Native Appeals Court, in such form as shall be
specified by that Court, and such returns shall be
open for inspection by H.M. Commissioner or by
any officer appointed by him.
veep 14. The Courts established by or under this
Ordinance shall follow the rules of practice and
procedure from time to time laid down by H.M.
Commissioner for such Courts, and shall decide all
cases according to substantial justice, without undue
regard to technicalities of procedure and without
undue delay.
ae 15. If any sentence of death is pronounced by
any Court constituted by or under this Ordinance a
copy of the evidence shall be transmitted to the
Commissioner, and the sentence shall not be carried
into effect until confirmed by him.
ae 16. No sentence of whipping shall exceed
24 lashes in the case of an adult or 12 strokes
with a birch rod in the case of children. No
sentence of whipping shall be inflicted on females.
ENTEBBE, J. HAYES SADLER,
29TH JUNE, 1905. H.M. Commissioner.
RULES.
RuLes MaDe BY His Magszsty’s CoMMISSIONER FOR THE UGanpa PROTECTORATE,
UNDER SECTION 14 or THE Unyoro Narive Courts OrpDINANCE, 1905.
1. The following rules of practice and procedure shall be followed by the
Native Courts established by or under The Unyoro Native Courts Ordinance, 1905.
2. The evidence in all criminal cases must be heard in the presence of the
accused.
3. The accused must be given an opportunity of making a statement, of
putting questions, and of calling witnesses should he so desire.
4. Where imprisonment has been imposed, a warrant must be issued by the
Court distinctly stating the name of the Court, the term of imprisonment, the date
of the sentence, and the offence for which it was imposed.
5, Civil cases may be heard in the absence of the defendant when due notice
of the time and place of hearing has been given to the defendant.
6. The parties in a Civil case must be given an opportunity of making
statements, of putting questions, and of calling witnesses.
7. These Rules may be cited as ‘‘The Unyoro Native Court Rules, 1905.”
ENTEBBE, J. HAYES SADLER,
297TH June, 1905, H.M. Commissioner.
Cuap. 1.] Courts.
19
No. 10 of 1905.
NATIVE COURTS.
It is hereby enacted as follows :— .
1, This Ordinance may be cited as “The Native
Courts Ordinance, 1905.”
2. The Commissioner may by Proclamation apply
this Ordinance to any district or part of a district in
the Protectorate.”
3. (i.) In every district or part of a district to
which this Ordinance applies there shall be established
a Court with full Civil and Criminal jurisdiction over
all natives of the district, and such Court shall
administer justice among the natives of the district”
in accordance with the laws in force in the Protect-
orate for the time being.
(ii.) The said Court shall be called “The British
Native Court for the district of a
(iii.) In districts to which this Ordinance applies
the Courts established hereunder shall have concurrent
jurisdiction with any Native Courts which have been
established or recognised therein.
4, (i.) The Collector of the district shall be the
Judge of and shall preside over the Court."
(ii.) The Commissioner may appoint any Sub-
Commissioner to hold and preside over any such
Court.
(iii.) The Commissioner or a Sub-Commissioner
may direct an Assistant Collector to preside instead
of the Collector, or to hold and preside over an
additional Court in the district.
2 Applied to Jinja, Mbale, Wadelai, Nimule, Gondokoro, Hoima, Masindi,
by proclamation 15th November, 1905, page 25. Koba substituted for Wadelai
by proclamation 30th August, 1907, page 131. Applied, with limitations, to
Entebbe, Kampala, Masaka, and Kakumiro districts by proclamation 29th
January, 1909, page 31. Mubendi substituted for Kakumiro by proclamation
4th November, 1909, page 132.
1 As to the term “natives of the district,’ see Section 14 of No. 15 of 1909,
following.
14 As to powers of High Court Judges and Magistrates to preside, see The
Criminal Procedure Ordinance, 1906, page 119; and as to powers of the Governor
to appoint other persons to preside, see Section 14 (2) of No. 15 of 1909, following.
2a
Short Title.
Application.
Establishment and
Jurisdiction of
Court.
Style of Court.
Collector to preside.
Native Assessors.
Sittings of Court.
Records.
Inspection of
Records.
Procedure.
Whipping.
Laws of the Uganda Protectorate. [Cuap. 1.
(iv.) “Collector” in this Ordinance includes “A
Sub-Commissioner” and “An Assistant Collector ”
directed under this section to hold a Court.
5. The Collector may in any case where he thinks
fit, or where it may be prescribed by Rules of Court,
appoint one or more native assessors to sit with him,
but such assessors shall have a consultative voice
only.
6. The Courts established under this Ordinance
shall sit at such times and places as the Collector
directs, but every such Court shall so far as practicable
hold not less than one sitting in each week.
7. The Collector shall keep a record of all the
proceedings in such Court.
8. A Judge of the High Court shall periodically
inspect the records of all such Courts, and may give
such instructions and advice as he may deem necessary
to the Collector.
9. (i.) The High Court shall make Rules of
Court as to the procedure to be followed and the fees
to be paid in the Courts established under this
Ordinance, and as to the manner of keeping the
records and their transmission for inspection, and as
to appeals to the High Court.
(ii.) Subject to the Rules of Court, such Courts
shall follow the principles of the procedure laid down
in the Indian Codes of Civil and Criminal Procedure
so far as the same may be applicable and _ suitable to
the requirements of the natives. .
10. (i.) A British Native Court may impose a
sentence of whipping not exceeding 24 lashes in the
case of an adult, or 12 strokes with a birch rod in the
case of children, in addition to or in lieu of any other
punishment.
(ii.) A sentence of whipping shall not be carried
out except in the presence of a Medical Officer of the
Protectorate, or, if no Medical Officer is available, of
an European Officer of the Protectorate, and not
unless the said officer, after examination of the
prisoner, has certified that he is physically fit to
undergo the sentence imposed upon him.
Cuap. 1.] Courts.
(iii.) The Medical or European Officer may at
any time during the execution of a sentence of
whipping intervene and prohibit the remainder of the
sentence from being carried out, if he considers the
prisoner unable to bear it without risk of physical
injury.
(iv.) No sentence of whipping shall be carried
out by instalments, and no sentence of whipping shall
be inflicted on females.
(v.) The instrument used in whipping shall be
such as the Commissioner may from time to time
direct.
11. No sentence of death imposed by a British
Native Court shall be carried into effect until a copy
of the evidence has been transmitted to the High
Court, and the sentence has been confirmed by that
Court and also by the Commissioner.
12. (i.) The High Court may reduce or amend
any sentence or fine imposed by a British Native
Court if upon the inspection of the record the sentence
is considered excessive or unjust.
(ii.) The High Court shall have in relation to any
proceeding, sentence, or order imposed or made by a
British Native Court all the powers conferred upon a
High Court by The Criminal Procedure Code, 1898
(Indian Act No. V. of 1898), as applied to the
Uganda Protectorate.
13. An appeal shall lie to the High Court from
any decision of a British Native Court.
14. (i.) Nothing herein shall affect the power of
the Commissioner to recognise the jurisdiction of a
tribal Chief over the members of his tribe, or the
exercise by such tribal Chief of such authority as may
be lawfully vested in him, or may be granted to him
by the Commissioner.
(ii.) The Collector may transfer to any recognised
tribal Chief in the district the determination of any
suit or proceeding in a British Native Court.
(iii.) The Collector may take such steps as he
thinks fit to enforce the orders of any such recognised
tribal Chief.
15. The Collector shall exercise supervision over,
but shall not unduly interfere with, the procedure,
Confirmation of
Sentences.
Reduction and
remission of
Sentences.
Appeal.
t
Authority of tribal
Chief.
Supervision of
tribal authority,
22
Warrants.
Short Title.
Native Courts may
be established.
Appointments.
Supervision.
Laws of the Uganda Protectorate. [Cuap. 1.
orders, or punishments of any tribal authority
within the district, except where such procedure,
orders, or punishments are contrary to justice or
morality, or the laws in force for the time being
within the Protectorate.
16. Warrants for the arrest of a native in the
district shall be issued by the Collector.
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
15th NoveMBER, 1905.
No. 15 of 1909.
NATIVE COURTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “‘ The Native
Courts Ordinance, 1909.”
2. In addition to the British Native Courts
constituted under The Native Courts Ordinance, 1905,
the Governor may by proclamation* establish and
constitute in any district Native Courts (hereinafter
referred to as the said Courts) to administer justice
between natives of the district, and may, subject to
the provisions of this Ordinance or any other law, in
the Proclamation, define and limit the jurisdiction
which the said Courts may exercise.
3. The said Courts shall be presided over by any
person duly appointed by the Governor in that behalf ;
any such appointments may be made generally by
reference to an office or specifically by name in
individual cases.
4. The said Courts shall be respectively under
the supervision of the British Native Court for the
district or such other Court as the Governor may by
notice in the Gazette in particular instances direct.
* Native Courts have been established in Busoga; see proclamation of the
11th August, 1909, post, 33.
Cuap. 1.] Courts.
23
5. There shall be an appeal from the decisions of
any of the said Courts in such cases, and to such Courts
as the Governor may by Proclamation direct.
6. For the purpose of record the said Courts shall
make such returns to the Court under whose super-
vision they are as may be directed by such Court or
prescribed by rule.
7. The said Courts shall conform with such
procedure, practice, and rules as may be from time
to time specially or generally prescribed by the High
Court, and until any such procedure, practice, or rules
have been prescribed each of the said Courts shall
exercise its jurisdiction according to the procedure
and practice heretofore followed by the tribal
authorities in the district in which such Court is
situate, subject to any directions which the supervisory
Court may from time to time give.
8. The said Courts shall not issue process to
compel the appearance of any non-native of the
district to give evidence, and should the evidence of
a non-native of the district be required by any of the
said Courts which it is unable to secure without the
issue of process, it shall report the case to the super-
visory Court, and that Court may either (i.) issue pro-
cess to compel the appearance of the witness before
the said Court, or (ii.) make such orders, either to take
the evidence before itself or on commission, as may be
necessary to secure its production before the said
Court, or (iii.) transfer the case for hearing before
itself.
9. The supervisory Courts shall have power to
revise the decisions, sentences, or orders of the said
Courts, and the High Court of its own motion or on
petition may call for the records, and revise any of the
proceedings of any of the Courts having jurisdiction
under this Ordinance.
10. A Court in the exercise of revisional powers
under this Ordinance may make any order it thinks
fit, provided that in criminal cases no such order shall
be made to the prejudice of the accused unless he has
had an opportunity of being heard.
The power of revision shall include a power
to transfer any case for hearing before the Court
Appeal.
Returns.
Practice and
procedure.
Process on non-
natives.
Revision
Revisional powers.
Laws of the Uganda Protectorate. [Cuap. 1.
Whipping.
Limitation of
jurisdiction.
Tribal authority.
Interpretation.
British Native
Courts.
No. 10 of 1905
exercising revisional powers, or any Court subordinate
thereto.
11. (i.) No sentence of whipping exceeding 24
lashes in the case of an adult, or 12 strokes with a
birch rod in the case of children, may be imposed by
any of the Courts exercising jurisdiction under this
Ordinance, and no sentence of whipping shall be
carried out by instalments,and no sentence of whipping
shall be inflicted on females.
(ii.) A sentence of whipping may be in addition
to or in lieu of any other punishment.
12. The said Courts shall not try any offence
punishable with death or transportation for life.
13. The exercise by a tribal Chief or Council of
Elders of such authority as may be vested in him or
them by the custom of his or their tribes shall be
affected by this Ordinance only so far as the establish-
ment of a Court or Courts under this Ordinance may
necessitate.
14. (i.) In this Ordinance and in The Native
Courts Ordinance, 1905, the term “natives of the
district ” shall include, should the Governor by
Proclamation so direct with reference to any particular
district,’ any native of the Protectorate, or native of
any tribe on the confines of the Protectorate, who has
been resident in the district for a period of 5 years.
(ii.) The Governor may appoint any person to
hold and preside over a British Native. Court, or to
hold and preside over an additional British Native
Court, instead of the District Commissioner as pre-
scribed by The Native Courts Ordinance, 1905.
(iii.) The Native Courts Ordinance, 1905, is
hereby amended accordingly.
ALEXANDER BOYLE,
Acting Governor.
ENTEBBE,
lita Avcust, 1909.
15 As to Busoga, see proclamation of the 11th August, 1909, page 33;
and as to Bukedi, see proclamation of the 2nd November, 1909, following,
page 36. 5 anes 3
CHAP. 1.] Courts. 95
PROCLAMATIONS.
Unper Tue Native Courts Orpinance, 1905.
In exercise of the powers conferred upon me by The Native Courts Ordinance,
1905, I hereby direct that the said Ordinance shall apply to the districts administered
by the Collectors at the following stations :—
ae kin the Central Province.1&
¢ ~~ Koba? l
Nimule
Gondokoro j
smal?
oe \ in the Western Province.
in the Nile Province.!§
And I further direct that, in the absence of the Collector, the Sub-Commissioner of
the Province may hold and preside over the British Native Court for the district:
ENTEBBE, J. HAYES SADLER,
lita Novemser, 1905. His Majesty's Commissioner.
NATIVE COURTS IN BUGANDA.
Whereas it is expedient and has been agreed by the Kabaka, Chiefs and People
of Buganda :— ,
(1.) That the Native Courts in Buganda should be organised and recognised, and
their powers and jurisdiction defined ; ,
(2.) That the supervision of the Native Courts by His Majesty’s Government
should be defined ; 5
(3.) (#) That all natives of Buganda charged with committing offences within
the Township of Entebbe, and that part of the Township of Kampala known as
Nakasero Hill, and the Crown Land on Kampala Hill shall be tried’ by British
Courts ; ‘
(6) That certain native cases in which Buganda servants of the Government are
parties, and other cases at the request of native Chiefs, shall ordinarily be brought
before British Courts ;
(c) That any breaches of any special law (¢.., Arms, Game, Forest, Fiscal,
Mining, &c.) committed by natives of Buganda shall ordinarily be tried by British
Courts ;
NOW THEREFORE I, Sir Henry Hesketh Bell, Knight Commander of the
Most Distinguished Order of Saint Michael and Saint George, Governor of Uganda, by
16 Now the Eastern Province ; see proclamation, page 897.
_ Koba was substituted for Wadelai by proclamation dated 30th August, 1907, printed on
page 131. , ay
18 Now the Northern Province; see proclamation, page 897. :
19 Unyoro, the district administered from Hoima, now forms part of the Northern Provinee, idid.
26 Laws of the Uganda Protectorate. [Cuap. 1.
virtue of the said agreement and in exercise of the powers conferred upon me in that
behalf hereby
DECLARE AND PRrocLaim
1, That the following Native Courts have been established in Buganda with
powers and jurisdiction following, that is to say :—
A. Tue Court or tHe Luxiko, consisting of a committee of any 7 or more
members of the Lukiko as constituted by The Uganda Agreement, 1900, presided over
by the Kabaka or one of the three Native Officers of State (Katikiro, Mulamuzi and
Mwanika), with full jurisdiction in Buganda (original, appellate and revisional), except
as mentioned hereafter, in all cases in which all parties are natives of Buganda ;
B. Tue Courts of THE ABAMASAZA as hereinafter mentioned presided over by the
Saza Chief of the County, or his Deputy (Mubaka) ; or, failing them, by a person
(Musigire) appointed by the Saza Chief, sitting with any two or more of the following
Sub-Chiefs of the Saza, namely the Mumyuka, the Sabadu, the Sabagabo, the
Sabawali, the Mutuba (one or more), the Musale or their Deputies (Babaka) ; or,
failing them, any two or more of the wise men or elders of the Saza, with jurisdiction
in the Saza, except as hereinafter mentioned, to hear and decide the cases following
and revise the proceedings of the Courts of the Sub-Chiefs
(I.) Adl cases in which a native of Buganda is accused of an offence ; provided
always that a greater punishment than 6 months rigorous imprisonment, or fine of
Rs, 30/- or whipping of 24 lashes shall not be imposed by a Saza Court,
(II.) All cases between natives of Buganda in which the amount or value of the
subject matter in dispute does not exceed Rs, 75/-.
(III.) Appeals from the Courts of the Sub-Chiefs ;
C. Tae Courts or tHE Sus-Calsrs as hereinafter mentioned presided over by
the Sub-Chief or his Deputy (Mubaka); or, failing them, by a person (Musigire)
appointed by the Sub-Chief, sitting with any two or more of the following officials of
the Sub-Chief, namely the Mumyuka, the Sabadu, the Sabagabo, the Sabawali, the
Mutuba (one or more), the Musale or their Deputies (Babaka) ; or, failing them, any
two or more of the wise men or elders of the district of the Sub-Chief, with jurisdic-
tion in the administrative district of the Sub-Chiefs, except as hereinafter mentioned,
to hear and decide
(I.) All cases in which a native of Buganda is accused of an offence, provided
always that a greater punishment than one month’s rigorous imprisonment or fine of
Rs. 10/- or whipping of 10 lashes shall not be imposed by any such Court.
(II.) All cases between natives of Buganda in which the amount or value of the
subject matter in dispute does not exceed Rs. 35/-.
IN THE COUNTY OF KYADONDO.
1, The Court of the Saza Chief Kago, situated on the hill of Mbuya.
: es Court of the Mumyuka (Sekyoya) of the Saza, situated on the hill of
uso.
. The Court of the Sabadu (Musalosalo) of the Saza, situated on the hill of Kira.
. The Court of the Sabagabo (Sebalija) of the Saza, situated on the hill of
Buwambo,
. The Court of the Sabawali (Kibale) of the Saza, situated on the hill of Kungu.
; ae of the Mutuba I. (Mutegomba) of the Saza, situated on the hill of
umbu.
. The Court of the Mutuba IT. of the Saza, situated on the hill of Ngalanye.
The Court of the Mutuba ITI. of the Saza, situated on the hill of Naziba.
. The Court of the Musale of the Saza, situated on the hill of Nabalanga.
bo
OO YW AN woo
CHAP.
t.] : Courts. 27
bo
10.
Nore
oe
_ wie
IN THE COUNTY OF SINGO.
. The Court of the Saza Chief Mukwenda, situated on the hill of Mitiana.
The Court of the Mumyuka (Muwemba) of the Saza, situated on the hill of
Misebe. —
The Court of the Sabadu (Kajongolo) of the Saza, situated on the hill of
Kigalama.
The Court of the Sabagabo (Sekiwala) of the Saza, situated on the hill of
Kabuwambo.
. The Court of the Sabawali (Luwekula) of the Saza, situated on the hill of Nsala.
. The Court of the Mutuba I. (Muterega) of the Saza, situated on the hill of
Bukuya.
. The Court of the Mutuba IT. (Nsubuga) of the Saza, situated on the hill of
Kikonda.
. The Court of the Mutubs IIT. (Mutesa) of the Saza, situated on the hill of
Kalungu.
. The Court of the Mutuba IV. (Luimbazi) of the Saza, situated on the hill of
Kiwaguzi.
The Court of the Musale of the Saza, situated on the hill of Katiko.
IN THE COUNTY OF KYAGWE.
. The Court of the Saza Chief Sekibobo, situated on the hill of Mukono.
. The Court of the Mumyuka (Namutwe) of the Saza, situated on the-hill of
Misinyi.
. The Court of the Sabadu (Nanfumbambi) of the Saza, situated on the hill of
Mpumu.
. The Court of the Sabagabo(Katenda) of the Saza, situated on the hill of Ziba.
. The Court of the Sabawali (Mubito) of the Saza, situated on the hill of
Ntenga.
. The Court of the Mutuba I. (Mukusu) of the Saza, situated on the hill of
Nakisunga.
. The Court of the Mutuba II. (Kasibante) of the Saza, situated on the hill of
Wagala.
. The Court of the Mutuba III. (Mukabya) of the Saza, situated on the hill of
Nakanyonyi.
. The Court of the Mutuba IV. of the Saza, situated on the hill of Kiwumu.
. The Court of the Musale of the Saza. situated on the hill of Namataba.
. The Court of the Mutuba V. (Kajugujwe) of the Saza, situated on the hill of
Bukerere.
IN THE COUNTY OF BULEMEZI.
. The Court of the Saza Chief Kangawo, situated on the hill of Bowa.
. The Court of the Mumyuka(Bunjo) of the Saza, situated on the hill of Kasiso.
. The Court of the Sabadu (Kisubika) of the Saza, situated on the hill of
Balatira.
. The Court of the Sabagabo (Nankyama) of the Saza, situated on the hill of
Timina.
5. The Court of the Sabawali (Masiki) of the Saza, situated on the hill of Degeya.
a
owdo
. The Court of the Mutuba I, (Lubebe) of the Saza, situated on the hill of
Kitereke.
. The Court of the Mutuba IT. (Mukuma) of the Saza, situated on the hill of
Sempa.
. The Court of the Mutuba III. of the Saza, situated on the hill of Namaliga.
. The Court of the Mutuba IV. of the Saza, situated on the hill of Lutete.
. The Court of the Musale of the Saza, situated on the hill of Kamuli,
Laws of the Uganda Protectorate. [CHap. 1.
=
4
IN THE COUNTY OF BUSIRO.
The Court of the Saza Chief Mugema, situated on the hill of Kitala.
2, The Court of the Mumyuka (Senkezi) of the Saza, situated on the hill of
op
ee
OU oe toe
2
ht pe ,
SOO
bor
SOMNIH MP Y
_
Buloba.
The Court of the Sabadu (Sebugwawo) of the Saza, situated on the hill of
Nkumba.
. The Court of the Sabagabo (Bulusi) of the Saza, situated on the hill of
Mukono.
The Court of the Sabawali (Gabunga) of the Saza, situated on the hiil of
Kasanje.
The Court of the Mutuba I. (Mudima) of the Saza, situated on the hill of
Kasuku Bukubyekanda.
The Court of the Mutuba IT. (Mukulu) of the Saza, situated on the hill of
Kiziba.
The Court of the Mutuba III. (Sabalangira) of the Saza, situated on the hill of
Kakome Bujama.
. The Court of the Musale of the Saza, situated on the hill of Nsagu.
IN THE COUNTY OF MAWOKOTA.
. The Court of the Saza Chief Kaima, situated on the hill of Butolo.
.. The Court of the Mumyuka (Sebugulu) of the Saza, situated on the hill of
Kanyike.
The Court of the Sabadu (Kaungu) of the Saza, situated on the hill of Buungu.
The Court of the Sabagabo of the Saza, situated on the hill of Bulansuku.
The Court of the Sabawali (Namwama) of the Saza, situated on the hill of
Buwama.*
The Court of the Mutuba I. (Mulwanyi) of the Saza, situated on the hill of
Kanani.
The Court of the Mutuba ITI. of the Saza, situated on the hill of Senene.
The Court of the Mutuba III. of the Saza, situated on the hill of Maluku.
The Court of the Mutuba IV. of the Saza, situated on the hill of Kisuto.
. The Court of the Mutuba V. of the Saza, situated on the hill of Degeya.
The Court of the Musale of the Saza, situated on the hill of Sango.
IN THE COUNTY OF GOMBA.
The Court of the Saza Chief Kitunzi, situated on the hill of Mpenja.
The Court of the Mumyuka (Malanti) of the Saza, situated on the hill of
Kyetume.
The Court of the Sabadu of the Saza, situated on the hill of Madu.
The Court of the Sabagabo of the Saza, situated on the hill of Nswanjere.
The Court of the Sabawali of the Saza, situated on the hill of Mpunge.
The Court of the Mutuba I. of the Saza, situated on the hill of Kome.
The Court of the Mutuba IT. of the Saza, situated on the hill of Ndodo.
The Court of the Mutuba IIT. of the Saza, situated on the hill of Najoki.
. The Court of the Mutuba IV. of the Saza, situated on the hill of Buyana.
. The Court of the Musale of the Saza, situated on the hill of Ng’omanene.
IN THE COUNTY OF BUDDU.
. The Court of the Saza Chief Pokino, situated on the hill of Masaka.
The Court of the Mumyuka (Katabalwa) of the Saza, situated on the hill of
Bulawula.
Cuap. 1.] Courts. 29
3. The Court of the Sabadu (Kagolo) of the Saza, situated on the hill of Lwankoni.
Oo
oO
10.
11.
RAD Wor
—
=
cco Mm
wre
. The Court of the Sabagabo (Kajerero) of the Saza, situated on the hill of
Buyaga.
The Court of the Sabawali (Bugala) of the Saza, situated on the hill of Senya.
The Court of the Mutuba I. (Mukude) of the Saza, situated on the hill of Kitwe.
. The Court of the Mutuba IT. (Kasumba) of the Saza, situated on the hill of
Birinzi.
. The Court of the Mutuba ITI. (Mukise) of the Saza, situated on the hill of
Samaliya.
. The Court of the Mutuba IV. (Musigula) of the Saza, situated on the hill of
Kanabulemu.
The Court of the Mutuba V. (Namutula) of the Saza, situated on the hill of
Kakuto.
The Court of the Musale of the Saza, situated on the hill of Kasanje.
IN THE COUNTY OF BUSUJU.
. The Court of the Saza Chief Kasuju, situated on the hill of Mwera.
. The Court of the Mumyuka (Sebunza) of the Saza, situated on the hill of
Buzibazi.
. The Court of the Sabadu (Mulamuzi) of the Saza, situated on the hill of
Malangala.
. The Court of the Sabagabo (Kajubi) of the Saza, situated on the hill of Manyi.
. The Court of the Sabawali (Mugezi) of the Saza, situated on the hill of Kigezi.
. The Court of the Mutuba I. of the Saza, situated on the hill of Kisalabude.
. The Court of the Mutuba LI. of the Saza, situated on the hill of Koja.
. The Court of the Musale of the Saza, situated on the hill of Bekina.
IN THE COUNTY OF BUTAMBALA.
. The Court of the Saza Chief Katambala, situated on the hill of Kabasanda.
. The Court of the Mumyuka (Muyamba) of the Saza, situated on the hill of
Gombe.
. The Court of the Sabadu of tha Saza, situated on the hill of Bwetyaba.
. The Court of the Sabagabo (Mulema), of the Saza, situated on the hill of
Kibibi.
. The Court of the Sabawali (Mugezi) of the Saza, situated on the hill of
Bugobango.
. The Court of the Mutuba I. (Mutagobwa) of the Saza, situated on the hill of
Kanzira.
. The Court of the Mutuba II. (Njovu) of the Saza, situated on the hill of
Mabanda.
. The Court of the Mutuba III. of the Saza, situated on the hill of Bweya.
. The Court of the Musale of the Saza, situated on the hill of Mirembe.
IN THE COUNTY OF BUWEKULA.
. The Court of the Saza Chief Luwekula, situated on the hill of Kaweli.
. The Court of the Mumyuka (Kabuzi) of the Saza, situated on the hill of
Mugungulu.
The Court of the Sabadu (Muluma) of the Saza, situated on the hill of
Kisalabude.
. The Court of the Sabagabo (Kagolo) of the Saza, situated on the hill of
Muinaina.
The Court of the Sabawali (Katologo) of the Saza, situated on the hill of
Buganyi.
30
Laws of the Uganda Protectorate. [CHap. 1.
OD Ot 09 bo
NAR wWhr
so
. The Court of the Mutuba I. (Muganwa) of the Saza, situated on the hill of
Kiyuni.
. The Court of the Mutuba II. (Mulabi) of the Saza, situated on the hill of
Kasolo.
The Court of the Mutuba ITI. of the Saza, situated on the hill of Madudu.
The Court of the Musale of the Saza, situated on the hill of Kambuye.
IN THE COUNTY OF KOKI.
. The Court of the Saza Chief Kamuswaga, situated on the hill of Rakai.
The Court of the Mumyuka of the Saza, situated on the hill of Kyakasolo.
. The Court of the Sabadu of the Saza, situated on the hill of Buyamba.
The Court of the Sabagabo of the Saza, situated on the hill of Mpoma.
. The Court of the Sabawali of the Saza, situated on the hill of Buza.
. The Court of the Musale of the Saza, situated on the hill of Kamukalo.
IN THE COUNTY OF BUYAGA.
The Court of the Saza Chief Kyambalango, situated on the hill of Kitemba.
The Court of the Mumyuka of the Saza, situated on the hill of Busesa.
The Court of the Sabadu (Semugwengu) of the Saza, situated on the hill of
Kisokoma.
. The Court of the Sabagabo of the Saza, situated on the hill of Bubango.
The Court of the Sabawali of the Saza, situated on the hill of Kiryanga.
. The Court of the Mutuba I. of the Saza, situated on the hill of Kyamukama.
. The Court of the Mutuba II. (Miingo) of the Saza, situated on the hill of
Lutoma.
The Court of the Mutuba ITI. of the Saza, situated on the hill of Sunga.
The Court of the Musale of the Saza, situated on the hill of Mituju.
IN THE COUNTY OF BURULLI
1. The Court of the Saza Chief Kimbugwe, situated on the hill of Kisalizi.
lwo
Ss Sue Se
sT
Oo mM
DOV OF RO
. The Court of the Mumyuka (Mutengesa) of the Saza, situated on the hill of
Kinoni.
The Court of the Sabadu (Kadyebo) of the Saza, situated on the hill of Kimaga.
The Court of the Sabagabo of the Saza, situated on the hill of Mpabye.
The Court of the Sabawali of the Saza, situated on the hill of Junda.
The Court of the Mutuba I. (Mulumbi) of the Saza, situated on the hill of
Kabazi.
. The Court of the Mutuba IT. (Muzimbakugwanga) of the Saza, situated on
the hill of Kidugala.
. The Court of the Mutuba III. of the Saza, situated on the hill of Kitalabwako.
. The Court of the Musale of the Saza, situated on the hill of Nakasongola.
IN THE COUNTY OF KABULA.
The Court of the Saza Chief Lumama, situated on the hill of Kabula.
. The Court of the Mumyuka of the Saza, situated on the hill of Kasama.
The Court of the Sabadu of the Saza, situated on the hill of Biyanja.
The Court of the Sabagabo of the Saza, situated on the hill of Kinuka.
. The Court of the Mutuba I. of the Saza, situated on the hill of Kibisi.
. The Court of the Musale of the Saza, situated on the hill of Makukulu.
Cap. 1.] Courts. 31
IN THE COUNTY OF SESSE.
I. The Court of the Saza Chief Kweba, situated on the Island of Kalangala.
2, The Court of the Mumyuka (Semugala) of the Saza, situated on the Island of
_ Bugala.
3. The Court of the Sabadu (Muwambi) of the Saza, situated on the Island of
Kome.
4. The Court of the Sabagabo (Kaganda) of the Saza, situated on the Island of
Bukasa.
5. The Court of the Sabawali (Sewaya) of the Saza, situated on the Island of
Buninga.
6. The Court of the Mutuba I. (Serumaga) of the Saza, situated on the Island
of Bwendero.
IN THE COUNTY OF BUGANGAZI.
. The Court of the Saza Chief Kiimba, situated on the hill of Kakumiro.
. The Court of the Mumyuka of the Saza, situated on the hill of Kiwami.
. The Court of the Sabadu (Kauwa) of the Saza, situated on the hill of Namiyaga.
. The Court of the Sabagabo of the Saza, situated on the hill of Kasozi.
. The Court of the Sabawali of the Saza, situated on the hill of Kijagi.
. The Court of the Mutuba I. (Muumuza) of the Saza, situated on the hill of
Gayaza.
. The Court of the Mutuba II. (Lwekika) of the Saza, situated on the hill of
Bukoko.
. The Court of the Mutuba IIT. of the Saza, situated on the hill of Semuima.
. The Court of the Musale of the Saza, situated on the hill of Magoma.
Oo OTH W1t Re
sa
so CO
IN THE COUNTY OF BUGERERE.
. The Court of the Saza Chief Mugerere, situated on the hill of Bale,
. The Court of the Mumyuka (Mulondo) of the Saza, situated on the hill of
Nateta.
. The Court of the Sabadu of the Saza, situated on the hill of Ndeba.
The Court of the Sabagabo (Lukanika) of the Saza, situated on the hill of Tente.
The Court of the Sabawali of the Saza, situated on the hill of Busungire.
The Court of the Mutuba I. of the Saza, situated on the hill of Kigembo.
The Court of the Mutuba IT. of the Saza, situated on the hill of Mugongo.
The Court of the Musale of the Saza, situated on the hill of Kufu.
eo LO
BUD
IN THE COUNTY OF MAWOGOLA.
1. The Court of the Saza Chief Mutesa, situated on the hill of Mutunsi.
2, The Court of the Mumyuka of the Saza, situated on the hill of Lwamiyaga.
IN THE COUNTY OF BUVUMA.
1. The Court of the Saza Chief Mbubi, situated on the Island of Magyo.
2, (a) That for the purposes aforesaid The (British) Native Courts Ordinance, 1905,
shall apply to the Districts administered by the District Commissioners or Assistant
District Commissioners at the stations of Entebbe, Kampala, Masaka and Mubendi?°
in Buganda; and I direct that the Provincial Commissioner may hold and preside
over the British Native Courts for the districts, and I further direct that there shall
20 Mubendi was substituted for Kakumiro by proclamation dated 4th November, 1909, printed
at page 182.
32 Laws of the Uganda Protectorate. [CHap. 1,
be transferred for trial before the British Native Courts so established the following
cases ; provided always that the said Courts may refer any such cases for hearing by
Native Courts :—
(1) All offences committed by natives of Buganda in the Township of Entebbe,
and that part of the Township of Kampala called Nakasero Hill, and
the Crown Lands on Kampala Hill.
(2) Civil and criminal cases in which natives of Buganda are parties who are
in Government service as soldiers, sailors, police, post-runners, inter-
preters, clerks, process servers and office messengers.
(3) All breaches, which are punishable as offences, of any special law (e g., Arms,
Game, Forest, Fiscal, Mining, &c.) committed by natives of Buganda,
provided however that the Native Courts shall have concurrent
jurisdiction without the reference aforesaid in cases relating to Hut
Tax, Poll Tax or Gun Tax.
(4) Any case at the request of-a native Chief presiding in a Native Court.
The Chief shall report the case at once to the Lukiko.
Lxplanation.—Only such cases as those in which Europeans and
people, over whom the Baganda have no jurisdiction, may be
necessary as witnesses shall be so transferred.
(6) The District Commissioner shall exercise the following powers of supervision
over the Native Courts, but shall not unduly interfere with their proceedings :—
(1) A power to call for records or to make any enquiry as to proceedings.
(2) A power to stay all proceedings where they appear illegal. or improper, or
where the sentence is excessive or inhumane.
(3) A power to direct the re-hearing of any case by the court whose proceedings
are being supervised, or to refer the case for revision to the next highest
Native Court.
4) A power, in any case in which it appears that the Court of the Lukiko, Saza or
P send De ae
Sub-Chief has no jurisdiction, to annul the proceedings and refer the
case for hearing to a court having jurisdiction.
The “ Provincial Commissioner,” or in his absence the “ District Commissioner ”
or any Magistrate at the request of the Provincial Commissioner, shall have power to
revise the proceedings of the Court of the Lukiko.
Nothing in this Proclamation shall be deemed to affect the jurisdiction of His
Majesty's High Court of Uganda in “mixed cases,” or on appeal, or in cases the
hearing of which has been transferred to the High Court, as provided by The Uganda
Agreement, 1900, or The Uganda (Judicial) Agreement, 1905.
Given at Entebbe this 15th day of January, 1909.
H. HESKETH BELL,
Governor.
Agreement to the terms of the above Proclamation has been duly signified on
behalf of the Kabaka and the Lukiko of Buganda.
ENTEBBE, STANLEY C. TOMKINS,
29TH January, 1909. Acting Chief Secretary to the Government.
Cuar. 1,] Courts. 33
PROCLAMATION.
Unpvrer Tue Native Courts Orpinance, 1909,
1. Inexercise of the powers vested in me by The Native Courts Ordinance, 1909, I
hereby establish in the district of Busoga the Native Courts hereinafter mentioned,
with the constitution and jurisdiction hereinafter set forth.
(a) Tut COURT or tar LUKIKO
Consisting of a committee of any seven or more members of the Lukiko
presided over by the President of the Lukiko or his Mubaka (Deputy) ;
With jurisdiction, save as provided by this Proclamation or otherwise
by law, among natives of the district to hear and decide (1) all cases except
cases punishable with death or transportation for life; (2) appeals from
the Courts of the Abamasaza.
(b) Toe COURTS or rox ABAMASAZA (as cet forth in the schedule hereto),
Each consisting of the Saza Chief of the county or his Mubaka
(Deputy) as president, sitting with any two or more of the Sub-Chiefs of the
Saza, or failing them any two or more of the wise men or elders of the Saza.
With jurisdiction, save as provided by this Proclamation or otherwise
by law, among natives of the district to hear and decide (1) Civil cases in
which the amount or subject matter in dispute does not exceed in value
Rs. 75, and Criminal cases except cases punishable with death or transporta-
tion for life, provided that no greater punishment than 6 months’ rigorous
imprisonment, or fine of Rs. 30, or whipping of 24 lashes shall be imposed by
a Saza Court ; (2) appeals from the Courts of the Sub-Chiefs,
(c) Tur COURTS or SUB-CHIEFS (as set forth in the schedule hereto).
Each consisting of the Sub-Chief or his Mubaka (Deputy) as president,
sitting with any two or more of the officials of the Sub-Chief or failing them
any two or more of the wise men or elders of the district of the Sub-Chief.
With jurisdiction, save as provided by this Proclamation or otherwise
by law, among natives of the district to hear and decide Civil cases in which
the amount or subject matter does not exceed in value Ks. 20, and Criminal
cases other than cases punishable with death or transportation for life, pro-
vided that no sentence of imprisonment and no greater punishment than
fine of Rs. 5 or whipping of 10 lashes shall be imposed by a Sub-Chief’s
Court.
2. The term ‘Natives of the district” shall, in Busoga, include any native of
the Protectorate, and any native of any tribe on the East African border of Busoga
who has been resident in the district for a period of five years.
3. (i.) None of the said Courts shall have jurisdiction to try any of the following
cases unless such case has first been transferred to it by the British Native Court,
(a) Offences committed by natives of the district in the township of Jinja.
"1 The Abamasaza or Chiefs of counties are the members of the Lukiko sitting together with a
person appointed by the Governor as president.
In the absence of the president, the Lukiko is presided over by the senior Saza Chief present.
In the absence of a Saza Chief his place in the Lukiko is taken by his Deputy, who is appointed
by the Saza Chief, the appointment being subject to the approval of the Provincial Commissioner of
the Eastern Province.
See notice in the official Gazette, 1909, p. 305,
3
34
Laws of the Uganda Protectorate. [Cnap. 1.
—
(6) Civil and Criminal cases in which natives of the district are parties who
are in Government service as soldiers, sailors, police, post runners, interpreters,
clerks, process servers and office messengers.
(c) Breaches which are punishable as offences of any special law (¢.g., Arms,
Games, Forest, Fiscal, Mining) committed by natives of the district, provided
however that the said Courts may try cases relating to Hut Tax or Gun Tax
without the transfer aforesaid.
(ii.) None of the said Courts shall have jurisdiction to try cases in which a
question of marriage is involved, other than a marriage contracted under or in
accordance with any native law or custom.
4, There shall be an appeal in all cases from the Court of the Lukiko to the
British Native Court for the Busoga District.
ALEXANDER BOYLE,
Acting Governor.
ENTEBBE,
DAR P Wher
OD ANOOURWLe
we
litn Avevst, 1909.
SCHEDULE.
Saza AND Sus-Curer Courts in Busoaa.
(1) IN THE COUNTY OF BUGABULA.
. The Court of the Saza Chief Gabula, situated on the mutala of Kamuli.
. The Court of the Mumyuka of the Saza, situated on the mutala of Nakabira.
. The Court of the Sabadu of the Saza, situated on the mutala of Namwendwa.
The Court of the Sabagabo of the Saza, situated on the mutala of Ntala.
The Court of the Sabawali of the Saza, situated on the mutala of Bugeyuwa.
The Court of the Mutuba I. of the Saza, situated on the mutala of Jwejwe.
. The Court of the Mutuba IT. of the Saza, situated on the mutalaof Nakibungulya.
. The Court of the Musale of the Saza, situated on the mutala of Butabala.
(2) IN THE COUNTY OF KIGULU,
The Court of the Saza Chief Miro, situated on the mutala of Iganga.
. The Court of the Mumyuka of the Saza, situated on the mutala of Bukono.
_ The Court of the Sabadu of the Saza, situated on the mutala of Busiki.
The Court of the Sabagabo of the Saza, situated on the mutala of Bukamba.
The Court of the Sabawali of the Saza, situated on the mutala of Busambira.
. The Court of the Mutuba I. of the Saza, situated on the mutala of Buumba.
. The Court of the Mutuba IT. of the Saza, situated on the mutala of Bwanalira.
. The Court of the Mutuba III. of the Saza, situated on the mutala of
Bulyampindi.
-The Court of the Mutuba IV. of the Saza, situated on the mutala of Bunyuli.
The Court of the Musale of the Saza, situated on the mutala of Tanda.
(3) IN THE COUNTY OF BULAMWOGI.
The Court of the Saza Chief Sebondo, situated on the mutala of Kumbia.
The Court of the Mumyuka of the Saza, situated on the mutala of Singo.
CHapP.
1.] Courts. 35
G2 SU Oo BS OUP oboe Naor eH AOR WL mI OUR WO
SUS ese Bo
The Court of the Sabadu of the Saza, situated on the mutala of Namukoge.
The Court of the Sabagabo of the Saza, situated on the mutala of Natwana.
The Court of the Sabawali of the Saza, situated on the mutala of Nabukoli.
. The Court of the Mutuba I. of the Saza, situated on the mutala Mwanga.
The Court of the Mutuba IT. of the Saza, situated on the mutala of Nansgolols,
The Court of the Musale of the Saza, situated on the mutala of Buyonjo,
(4) IN THE COUNTY OF LUKA.
. The Court of the Saza Chief Tabingwa, situated on the mutala of Nagobya.
The Court of the Mumyuka of the Saza, situated on the mutala of Buwologoma.
. The Court of the Sabadu of the Saza, situated on the mutala of Nagobya.
. The Court of the Sabagabo of the Saza, situated on the mutala of Namalemba,
The Court of the Sabawali of the Saza, situated on the mutala of Bulole.
. The Court of the Mutuba I. of the Saza, situated on the mutala of Naaka,
. The Court of the Musale of the Saza, situated on the mutala of Luaki,
(5) IN THE COUNTY OF BUKASA.
. The Court of the Saza Chief Ntembe, situated on the mutala of Nawanjiri.
. The Court of the Mumyuka of the Saza, situated on the mutala of Bukusu.
. The Court of the Sabadu of the Saza, situated on the mutala of Buserunga.
The Court of the Sabagabo of the Saza, situated on the mutala of Bukwanga.
. The Court of the Sabawali of the Saza, situated on the mutala of Budondo.
The Court of the Mutuba of the Saza, situated on the mutala of Irera.
. The Court of the Musale of the Saza, situated on the mutala of Maundo,
(6) IN THE COUNTY OF BUKOLI.
. The Court of the Saza Chief Wakoli, situated on the mutala of Bujiri.
The Court of the Mumyuka of the Saza, situated on the mutala of Bulange,
. The Court of the Sabadu of the Saza, situated on the mutala of Yemba.
. The Court of the Sabagabo of the Saza, situated on the mutala of Nsango.
. The Court of the Sabawali of the Saza, situated on the mutala of Nambo.
(7) IN THE COUNTY OF BUGWERI.
. The Court of the Saza Chief Menia, situated on the mutala of Busesa.
. The Court of the Mumyuka of the Saza, situated on the mutala of Naigombwa.
The Court of the Sabadu of the Saza, situated on the mutala of Lubira.
The Court of the Sabagabo of the Saza, situated on the mutala of Butende.
The Court of the Sabawali of the Saza, situated on the mutala of Gombe.
. The Court of the Mutuba I. of the Saza, situated on the mutala of Bukasenke,
(8) IN THE COUNTY OF BUNYA.
The Court of the Saza Chief Luba, situated on the mutala of Ikulwe.
The Court of the Mumyuka of the Saza, situated on the mutala of Gombe.
The Court of the Sabadu of the Saza, situated on the mutala of Bunyodi.
The Court of the Sabagabo of the Saza, situated on the mutala of Bukonje.
The Court of the Sabawali of the Saza, situated on.the mutala of Gulumu.
The Court of the Mutuba of the Saza, situated on the mutala of Nkindu.
The Court of the Musale of the Saza, situated on the mutala of Luwanula,
9
36 Laws of the Uganda Protectorate. [Cuar. 1,
(9) IN THE COUNTY OF BUNYULL
The Court of the Saza Chief Nanyumba, situated on the mutala of Nyondwe.
The Court of the Mumyuka of the Saza, situated on the mutala of Bukoba.
The Court of the Sabadu of the Saza, situated on the mutala of Busakire.
The Court of the Sabagabo of the Saza, situated on the mutala Buboje.
The Court of the Sabawali of the Saza, situated on the mutala Bugulei.
OU 02 bo
PROCLAMATION.
Unper Tue Native Courts Orpinance, 1905, anp Tune Native Courts
Orpinancr, 1909.
I hereby direct that, with reference to the Bukedi District, natives of the Pro-
tectorate or natives of any tribe on the confines of the Protectorate, who have been
resident in the Bukedi District for a period of not less than five years shall be included
in the term “ Natives of the district.”
ENTEBBE, ALEXANDER BOYLE,
2npD November, 1909. Acting Governor.
NOTICES.
Unper Tue Native Courts Orpinance, 1905.
I hereby appoint the Sub-Commissioner of the Central Province to hold and
preside over the British Native Courts for the Districts of Jinja and Mbale at such
times and places in the respective districts as he may deem expedient.
ENTEBBE, H. HESKETH BELL,
3lst May, 1906. Commissioner.
His Excellency the Governor has been pleased to direct that the Assistant
District Commissioners at Gondokoro and Koba shall hold and preside over British
Native Courts.
ENTEBBE, STANLEY C. TOMKINS,
20rn January, 1909. Acting Chief Secretary to the Government.
His Excellency the Governor has been pleased to direct that the Assistant
District Commissioners at Palango, Lango in the Unyoro District, shall hold and
preside over British Native Courts in the district.”
STANLEY C. TOMKINS.
Acting Chief Secretary to the Government.
2 This notice appeared in the official Guzrite for the 1st March, 1909, at page 52.
~
Cuap. 1.] Courts. 37
NOTICE.
Unver Tuy Narive Courts Orprnanczs, 1905 anp 1909.
I hereby appoint the Town Magistrate, Entebbe, to hold and preside over a
British Native Court for the District of Entebbe.
ENTEBBE, ALEXANDER BOYLE,
26TH SEPTEMBER, 1909. Acting Governor,
RULES OF COURT.
RULES MADE BY THE HicH Court unpER Tue Naive Courts OrpinancE, 1905.
1. These Rules may be cited as “ The Native Court Rules, 1905.”
2, No Civil case in which the amount in dispute exceeds 50 rupees shall be
heard, and in Criminal cases no sentence of death or of imprisonment of over six
months or fine of over 15 rupees shall be imposed, except by a court sitting with
the aid of two native assessors.
3. The Courts shall use the forms from time to time prescribed by the High
Court and the records shall be kept in the manner prescribed by the Civil and
Criminal Procedure Codes so far as the same may be applicable and suitable to native
cases and without undue regard to technicality.
4. The record (or a certified copy thereof) of every Criminal case tried with the
aid of assessors shall be forwarded, immediately after the expiration of seven days
from the date of the decision or sentence, to the High Court, and the record (or a
certified copy thereof) of all Civil cases, and of all Criminal cases other than those
tried with the aid of assessors, shall, unless otherwise ordered by the High Court,
be forwarded to the High Court on or about the 1st January and the lst July
in each year.
5. (i.) Notice of appeal may be given either to the High Court or to the Court
from which the appeal emanated, and no formal memorandum need be presented,
but in such cases the presiding Judge of the court to which notice is given shall
make, or cause to be made, a note on the record of the ground upon which the appeal
is made.
(ii.) Upon receiving notice of the appeal a British Native Court shall forward the
record of the case or a copy thereof, together with the memorandum of appeal (if any),
to the High Court.
(iii.) Notice of appeal shall be given within seven days of the date of the
judgment or sentence appealed against.
(iv.) Upon receipt of the record the High Court may proceed to hear the appeal,
and may dispense with further notice to the parties where undue delay would be
caused thereby, or for any other cause it thinks fit.
38 Laws of the Uganda Protectorate. [Cuap. 1.
6. (i.) An inclusive fee of 2 rupees shall ordinarily be charged in all Civil cases,
and, where ordered by the Court, in Criminal cases, provided that the presiding Judge
may, in cases of exceptional difficulty or where large amounts are involved, make an
order directing the payment of any of the fees prescribed by the Rules of Court
relating to fees of the 18th March, 1903.
(ii.) At the conclusion of every case the presiding Judge shall make an order
specifying the person by whom the fee (if any) is to be paid, and in the event of no
fee being charged shall record the reason for the exemption.
(iii.) No fee shall ordinarily be charged in Criminal cases.
7. Sub-Commissioners making appointments under Section 4 (iii.) of the Ordinance
shall certify the same in writing to the High Court.
ENTEBBE, G. F. M. ENNIS,
277H DecemBeEr, 1905. Wm. MORRIS CARTER,
Judges,
HM. High Court of Uganda.
Approved :
GEORGE WILSON,
Acting Commvissioner.
Cuap. 2.] Evidence. 39
CHAPTER II
EVIDENCE.
The Foreign Tribunals Evidence Act, 1856, The Evidence by Commission Acts,
1859 and 1885, The Evidence Act, 1851, Sections 7 and 11, The British Law
Ascertainment Act, 1859, and The Foreign Law Ascertainment Act, 1861, were
applied to the Protectorate by Article 13 of The Uganda Order in Council, 1902.
An Order in Council of the 4th July, 1908,1 provided for the taking of
depositions in Uganda for the purposes of The Workmen’s Compensation Ac*,
1906. ] 2
No. 11 of 1909. The Uganda Evidence Ordinance, 1909.
THE UGANDA EVIDENCE ORDINANCE, 1909.
CONTENTS.
Parr J.
RELEVANCY OF FACTS.
Cuapter I.
PRELIMINARY.
Sections.
Short title.
Application.
Interpretation-clause.
“May presume.”
“ Shall presume.”
“Conclusive proof.”
PHeye
Cuapter II.
Or THE RELEVANCY oF Facts.
Evidence may be given of facts in issue and relevant facts.
Relevancy of facts forming part of same transaction.
Facts which are the occasion, cause or effect of facts in issue.
Motive, preparation and previous or subsequent conduct.
PAD
1 Appendix A, page 929.
2 The Documentary Evidence Acts, 1868 and 1882, and Section 12 of The Naturalization Act,
1870, are also applied to the Protectorate by Section 76 of No. 11 of 1909, page 78.
40 Luws of the Ugunda Protectorate. [Cuap. 2.
SECTIONS.
9. Facts necessary to explain or introduce relevant facts.
10. Things said or done by conspirator in reference to common design.
11. When facts not otherwise relevant become relevant.
12. In suits for damages, facts tending to enable court to determine amount are relevant.
13. Facts relevant when right or custom is in question.
14. Facts showing existence of state of mind, or of body or bodily feeling.
15. Facts bearing on question whether act was accidental or intentional.
16. Existence of course of business when relevant.
c Admissions.
17. Admission defined.
18, Admission :—
by party to proceeding or his agent ;
by suitor in representative character ;
by party interested in subject-matter ;
by person from whom interest derived. :
19. Admissions by persons whose position must be proved as against party to suit.
20. Admissions by persons expressly referred to by party to suit.
21. Proof of admissions against persons making them, and by or on their behalf.
22. When oral admissions as to contents of documents are relevant.
23. Admissions in Civil cases when relevant.
24, When statements, etc., made to Police Officer may be proved.
25. Confession caused by inducement, threat or promise, when irrelevant in criminal
proceeding.
26. Confession made after removal of impression caused by inducement, threat or promise,
relevant.
27. Confession otherwise relevant not to become irrelevant because of promise of
secrecy, etc.
28. Consideration of proved confession aflectiug person making it and others jointly under
trial for same offence.
29. Admissions not conclusive proof, but may estop.
Statement by Persons who cannot be called as Witnesses.
30. Cases in which statement of relevant fact by person who is dead or cannot be found,
etc., is relevant. ‘
When it relates to cause of death ;
or is made in course of business ;
or against interest of maker ;
or gives opinion as to public right or custom, or matters of general interest ;
or relates to existence of relationship ;
or is made in will or deed relating to family affairs ;
or in document relating to transaction mentioned in section 13, clause (a);
or is made by several persons, and expresses feelings relevant to matter in
question.
31. Relevancy of certain evidence for proving, in subsequent proceeding, the truth of facts
therein stated.
Statements made under Special Circumstances.
32. Entries in books of account relevant.
33. Relevancy of entry in public record, made in performance of duty.
34. Relevancy of statements in maps, charts and plans.
35. Relevancy of statements as to fact of public nature contained in certain Acts, etc.
36. Relevancy of statements as to any law contained in law-books.
How much of a Statement is to be proved.
37. What evidence to be given when statement forms part of a conversation, document,
book, or series of letters or papers.
Judgments of Courts of Justice, when relevant.
38. Previous judgments relevant to bar a second suit or trial.
39. Relevancy of certain judgments in probate, etc., jurisdiction.
Cuap. 2.] Evidence. 41
SEcTIONS.
40.
41.
42.
43.
44,
45.
46.
47.
48,
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64,
65.
66.
67.
-68.
69.
70.
71,
72,
Relevancy and effect of judgments, orders or decrees, other than those mentioned in
section 39.
Judgments, etc., other than those mentioned in sections 38 to 40, when relevant.
Fraud or collusion in obtaining judgment, or incompetency of court, may be proved.
Opinions of third Persons, when relevant.
Opinions of experts.
Facts bearing upon opinions of experts.
Opinion as to handwriting, when relevant.
Opinion as to existence of right or custom, when relevant.
Opinions as to usages, tenets, etc., when relevant.
Opinion on relationship, when relevant.
Grounds of opinion, when relevant.
Character, when relevant.
In Civil cases character to prove conduct imputed, irrelevant.
In Criminal cases, previous good character relevant.
Previous bad character not relevant, except in reply.
Character as affecting damages.
Part IL.
ON PROOF.
Cuarter III.
Facts WHICH NEED NOT BE PROVED.
Fact judicially noticeable need not be proved.
Facts of which court must take judicial notice.
Facts adinitted need not be proved.
Cuapter IV.
Or OraL EvIDENCE.
Proof of facts by oral evidence.
Oral evidence must be direct.
Cuarrer V.
Or Documentary EVIDENCE.
Proof of contents of documents.
Primary evidence.
Secondary evidence.
Proof of documents by primary evidence. :
Cases in which secondary evidence relating to documents may be given.
Rules as to notice to produce. .
Proof of signature and handwriting of person alleged to have signed or written docus
ment produced.
Proof of execution of document required by law to be attested.
Proof where no attesting witness found.
Admission of execution by party to attested document.
Proof when attesting witness denies the execution.
Proof of document not required by law to be attested.
Comparison of signature, writing or seal with others, admitted or proved.
: Public Documents.
Public documents.
42 Laws of the Uganda Protectorate. [Cuap. 2.
SEcTIoNs.
73. Private documents.
74, Certified copies of public documents.
75. Proof of documents by production of certified copies.
76. Proof of other official documents.
Presumptions as to Documents.
77. Presumption as to genuineness of certified copies.
78. Presumption as to documents produced as record of evidence. .
79. Presumption as to Gazettes, newspapers, private Acts of Parliament and other
documents. ;
80. Presumption as to document admissible in England without proof of seal or signature.
81. Presumption as to maps or plans made by authority of Government.
82. Presumption as to collections of laws and reports of decisions.
83. Presumption as to private document executed outside the Protectorate.
84, Presumption as to powers-of-attorney.
85. Presumption as to certified copies of foreign judicial records.
86. Presumption as to books, maps and charts.
87. Presumption as to telegraphic messages.
88. Presumption as to due execution, etc., of documents not produced.
89. Presumption as to documents 30 years old.
Cuapter VI.
Or rae Excuusion or OraL By DocumentTaRY EvIpDENCcE.
90. Evidence of terms of contracts, grants and other dispositions of property reduced
to form of document.
91. Exclusion of evidence of oral agreement.
92. Exclusion of evidence to explain or amend ambiguous document.
93. Exclusion of evidence against application of document to existing facts.
94, Evidence as to document unmeaning in reference to existing facts.
95. Evidence as to application of language which can apply to one only of several persons.
96. Evidence as to application of language to one of two sets of facts, to neither of which
the whole correctly applies.
97. Evidence as to meaning of illegible characters, etc.
98. Who may give evidence of agreement varying terms of document.
99. Saving of provisions of Uganda Succession Ordinance relating to wills.
Parr III. °
PRODUCTION AND EFFECT OF EVIDENCE.
Cuarter VII.
Or Tux BurpEen or Proor.
100. Burden of proof.
101. On whom burden of proof lies.
102. Burden of proof as to particular fact.
103. Burden of proving fact to be proved to make evidence admissible.
Io4, Burden of proving that case of accused comes within exceptions,
105. Burden of proving fact especially within knowledge. ;
106. Burden of proving death of person known to have been alive within thirty years.
107. Burden of proving that person is alive who has not been heard of for seven years.
108. Burden of proof as to relationship in the cases of partners, landlord and tenant,
principal and agent.
109. Burden of proof as to ownership.
110. Proof of good faith in transactions where one party is in relation of active
confidence.
111. Birth during marriage conclusive proof of legitimacy.
112. Court may presume existence of certain facts.
Cuap. 2.] Evidence. 43
SECTIONS, Cuarrer VIII.
EstopPeL
113. Estoppel.
114, Estoppel of tenant ; is
and of licensee of person in possession.
115. Estoppel of acceptor of bill of exchange, bailee or licensee.
Cuaprrr IX.
Or WitNEssEs.
116. Who may testify.
117. Dumb witnesses.
118. Judges and Magistrates.
119, Accused persons,
120. Right of reply.
121. Wives or husbands.
122, Failure of accused persons to give evidence.
123, Communications during marriage.”
124, Evidence as to affairs of State.
125. Official communications.
126, Information as to commission of offences.
127. Professional communications.
128. Section 127 to apply to interpreters, etc.
129. Privilege not waived by volunteering evidence.
130. Confidential communications with legal advisers.
131. Production of title-deeds of witness not a party.
132. Production of documents which another person having possession could refuse to
produce.
133. Witness not excused from answering on ground that answer will criminate.
Proviso.
134. Accomplice.
135. Number of witnesses.
Cuarter X.
Or THE EXAMINATION oF WITNESSES,
136. Order of production and examination of witnesses.
137. Judge to decide as to admissibility of evidence.
138. Examination-in-chief. ,
Cross-examination.,
Re-examination.
139. Order of examinations.
Direction of re-examination.
140, Cross-examination of person called to produce a document.
141. Witnesses to character.
142. Leading questions.
143. When they must not be asked.
144. When they may be asked.
145. Evidence as to matters in writing.
146, Cross-examination as to previous statements in writing.
147. When questions may be put to accused persons to show the commission of an
offence not charged.
148. Questions lawful in cross-examination.
149. When witness to be compelled to answer.
150. Court to decide when question shall be asked and when witness compelled to answer.
151. Question not to be asked without reasonable grounds.
152. Procedure of court in case of question being asked without reasonable grounds.
153. Indecent and scandalous questions.
154; Questions intended to insult or annoy.
155. Exclusion of evidence to contradict answers to questions testing veracity.
156. Question by party to his own witness.
157. Impeaching credit of witness.
158. Questions tending to corroborate evidence of relevant fact, admissible.
159, Former statements of witness may be proved to corroborate later testimony as to
same fact.
44
Laws of the Uganda Protectorate. [Cuap. 2.
SECTIONS.
160.
161.
162,
163,
164.
165.
166.
167.
168.
169.
170,
171,
What matters may be proved in connection with proved statement relevant under
section 30 or 31.
Refreshing memory.
When witness may use copy“of document to refresh memory.
Testimony to facts stated in document mentioned in section 161.
Right of adverse party as to writing used to refresh memory.
Production of documents.
Translation of documents.
Giving, as evidence, of document called for and produced on notice.
Using, as evidence, of document production of which was refused on notice.
Judge’s power to put questions or order production.
Power of jury or assessors to put questions.
CHaptrer XI.
Or Improper ADMISSION AND REJECTION OF EVIDENCE.
No new trial for improper admission or rejection of evidence.
Cuapter XII.
Savines AND REPEAL.
Savings.
Repeal.
No. 11 of 1909.
EVIDENCE.
It is hereby enacted as follows :—
PART I.
RELEVANCY OF Facts.
CHAPTER I.
PRELIMINARY.
Short Title.
Application.
1. This Ordinance may be cited as “ The Uganda
Evidence Ordinance, 1909.”
2. This Ordinance shall apply to all judicial pro-
ceedings in or before His Majesty’s High Court of
Uganda, and all British Courts subordinate thereto
but not to affidavits presented to any court or officer
nor to proceedings before an arbitrator.
Cuap. 2.] Evidence.
45
3. In this Ordinance the following words and
expressions are used in the following senses, unless
a contrary intention appears from the context :—
2”?
“Court ” includes all Judges, Magistrates, Jury-
men and Assessors and all persons, except arbitrators,
legally authorised to take evidence.
“Fact ” means and includes :—
(1.) Any thing, state of things, or relation of
things, capable of being perceived by the senses ;
(2.) Any mental condition of which any person
is conscious.
Lllustrations.
(a) That there are certain objects arranged in a certain order
in a certain place, is a fact.
(b) That a man heard or saw something, is a fact.
(c) That a man said certain words, is a fact.
(d) That a man holds a certain opinion, has a certain intention,
acts in good faith, or fraudulently, or uses a particular word in a
particular sense, or is or was at a specified time conscious of a
particular sensation, is a fact.
(e) That a man has a certain reputation, is a fact.
One fact is said to be relevant to another when
the one is connected with the other in any of the
ways referred to in the provisions of this Ordinance
relating to the relevancy of facts.
The expression “facts in issue” means and in-
cludes any fact from which, either by itself or in
connection with other facts, the existence, non-
existence, nature or extent of any right, liability or
disability, asserted or denied in any suit or proceeding,
necessarily follows.
EXPLANATION,— Whenever, under the provi-
sions of the law for the time being in force
relating to Civil Procedure, any Court records
an issue of fact, the fact to be asserted or denied
in the answer to such issue is a fact in issue.
Illustrations.
A is accused of the murder of B.
At his trial the following facts may be in issue :-—
that A caused B’s death ;
that A intended to cause B’s death ;
that A had received grave and sudden provocation from B ;
Interpretation
clause.
“ Court.”
** Fact.”
** Relevant.’
“ Facts in issue ‘4
46
“Document.”
“ Evidence,”
“ Proved.”
“* Disproved,”
‘Not proved.”
“May presume.”
Laws of the Uganda Protectorate. [CHap. 2.
that A, at the time of doing the act which caused b’s death,
was, by reason of unsoundness of mind, incapable of
knowing its nature.
“Document” means any matter expressed or
described upon any substance by means of letters,
figures or marks, or by more than one of those means,
intended to be used, or which may be used, for the
purpose of recording that matter.
Illustrations,
A writing is a document ;
Words printed, lithographed or photographed are documents ;
A map or plan is a document ;
An inscription on a metal plate or stone is a document ;
A caricature is a document.
“Evidence” denotes the means by which any
alleged matter of fact, the truth of which is submitted
to investigation, is proved or disproved.
It, includes statements by accused persons, ad-
missions, judicial notice, presumptions of law, and
ocular observation by the court in its judicial capacity.
“Oral evidence” means all statements which the
Court permits or requires to be made before it by
witnesses, in relation to matters of fact under inquiry.
‘“ Documentary evidence” means all documents
produced for the inspection of the Court.
A fact is said to be proved when, after considering
the matters before it, the Court either believes it to
exist, or considers its existence so probable that a
prudent man ought, under the circumstances of the
particular case, to act upon the supposition that it
exists.
A fact is said to be disproved when, after con-
sidering the matters before it, the Court either believes
that it does not exist, or considers its non-existence
so probable that a prudent man ought, under the
circumstances of the particular case, to act upon the
supposition that it does not exist.
A fact is said not to be proved when it is neither
proved nor disproved.
4. Whenever it is provided by this Ordinance
that the Court may presume a fact, it may either
Caap. 2.] Fidence.
47
regard such fact as proved, unless and until it is
disproved, or may call for proof of it :
Whenever it is directed by this Ordinance that
the Court shall presume a fact, it shall regard such
fact as proved, unless and until it is disproved :
When one fact is declared by this Ordinance to
be conclusive proof of another, the Court shall, on
proof of the one fact, regard the other as proved, and
shall not allow evidence to be given for the purpose
of disproving it.
Cuaprer IT,
OF THE RELEVANCY OF Facts.
5. Subject to the provisions of any other law,
evidence may be given in any suit or proceeding of
the existence or non-existence of every fact in issue
and of such other facts as are hereinafter declared to
be relevant, and of no others.
Illustrations.
(a) A is tried for the murder of B by beating him with a club
with the intention of causing his death.
At A’s trial the following facts are in issue :—
A’s beating B with the club ;
A’s causing B’s death by such beating ;
A’s intention to cause B’s death.
(b) A suitor does not bring with him, and have in readiness
for production at the first hearing of the case, a bond on which he
relies. This section does not enable him to produce the bond or
prove its contents at a subsequent stage of the proceedings, other-
wise than in accordance with the conditions prescribed by the Code
of Civil Procedure.
6. Facts which, though not in issue, are so con-
nected with a fact in issue as to form part of the
same transaction, are relevant, whether they occurred
at the same time and place or at different times and
places.
Illustrations.
(a) A is accused of the murder of B by beating him. What-
ever was said or done by A or B or the bystanders at the beating,
or so shortly before or after it as to form part of the transaction, is
a relevant fact..
“Shall presume.”
**Co elusive proof.’
Evidence may be
given of facts in
isgue and relevant
facta.
Relevancy of facts
forming part of
same transaction.
48
Facts which are the
occasion, cause or
effect of facts in
issue.
Motive, preparation
and previous or
snbsequent conduct.
Laws of the Uganda Protectorate. [Cuap. 2.
(b) A is accused of waging war against the King by taking
part in an armed insurrection in which property is destroyed, troops
are attacked, and gaols are broken open. The occurrence of these
facts is relevant, as forming part of the general transaction, though
A may not have been present at all of them.
(c) A sues B for a libel contained in a letter forming part of a
correspondence. Letters between the parties relating to the subject
out of which the libel arose, and forming part of the correspondence
in which it is contained, are relevant facts, though they do not
contain the libel itself.
(d) The question is whether certain goods ordered from B were
delivered to A. The goods were delivered to several intermediate
persons successively. Each delivery is a relevant fact.
7. Facts which are the occasion, cause or effect,
immediate or otherwise, of relevant facts, or facts in
issue, or which constitute the state of things under
which they happened, or which afforded an oppor-
tunity for their occurrence or transaction, are relevant.
Illustrations.
(a) The question is, whether A robbed B.
The facts that, shortly before the robbery, B went toa fair
with money in his possession, and that he showed it, or mentioned
the fact that he had it, to third persons, are relevant.
(2) The question is, whether A murdered B.
Marks on the ground, produced by a struggle at or near the
place where the murder was committed, are relevant facts.
(c) The question is, whether A poisoned B.
The state of B’s health before the symptoms ascribed to poison,
and habits of B, known to A, which afforded an opportunity for
the administration of poison, are relevant facts.
8. Any fact is relevant which shows or constitutes
a motive or preparation for any fact in issue or
relevant fact.
The conduct of any party, or of any agent to
any party, to any suit or proceeding, in reference to
such suit or proceeding, or in reference to any fact in
issue therein or relevant thereto, and the conduct of
any person an offence against whom is the subject of
any proceeding, is relevant, if such conduct influences
or is influenced by any fact in issue or relevant fact,
and whether it was previous or subsequent thereto.
ExpLANATION 1.—Thbe word “ conduct” in
this section does not include statements, unless
those statements accompany and explain acts
other than statements; but this explanation is
i
Cuap. 2.] Evidence.
49
not to affect the relevancy of statements under
any other section of this Ordinance.
EXPLANATION 2.—When the conduct of any
person is relevant, any statement made to him or
in his presence and hearing, which affects such
conduct, is relevant.
* Illustrations.
(a) A is tried for the murder of B.
The facts that A murdered C, that B knew that A had
murdered C, and that B had tried to extort, money from A by
threatening to make his knowledge public, are relevant.
(6) A sues B upon a bond for the payment of money. B
denies the making of the bond.
The fact that, at the time when the bond was alleged tu be
made, B required money for a particular purpose, is relevant.
(c) A is tried for the murder of B by poison,
The fact that, before the death of B, A procured poison similar
to that which was administered to B, is relevant.
(d) The question is, whether a certain document is the
will of A.
The facts that not long before the date of the alleged will A
made inquiry into matters to which the provisions of the allegec|
will relate ; that he consulted lawyers in reference to making the
will, and that he caused’ drafts of other wills to be prepared, of
which he did not approve, are relevant.
(e) A is accused of a crime.
The facts that, either before, or at the time of, or after the
alleged crime, A provided evidence which would tend to give to the
facts of the case an appearance favourable to himself, or that he
destroyed or concealed evidence, or prevented the presence or
procured the absence of persons who might have been witnesses, or
suborned persons to give false evidence respecting it, are relevant.
(f) The question is, whether A robbed B.
The facts that, after B was robbed, C said in A’s presence—
“The police are coming to look for the man who robbed B,” and
that immediately afterwards A ran away, are relevant.
(g) The question is, whether A owes B 10,000 rupees,
The facts that A asked C to lend him money, and that D said
to C in A’s presence and hearing—‘ I advise you not to trust A,
for he owes B 10,000 rupees,” and that A went away without
making any answer, are relevant facts.
(h) The question is, whether A committed a crime.
The fact that A absconded after receiving a letter warning him
that inquiry was being made for the criminal, and the contents of
the letter, are relevant,
4
50
Laivs of the Uganda Protectorate. [CHap. 2,
Facts necessary to
explain or introduce
relevant facts,
(i) A is accused of a crime.
The facts that, after the commission of the alleged crime, he
absconded, or was in possession of property or the proceeds of
property acquired by the crime, or attempted to conceal things
which were or might have been used in committing it, are relevant.
(j) The question is, whether A was ravished.
The facts that, shortly after the alleged rape, she made a
complaint relating to the crime, the circumstances under which, and
the terms in which, the complaint was made, are relevant.
The fact that, without making a complaint, she said that she
had been ravished is not relevant as conduct under this section,
though it may be relevant—
As a dying declaration under Section 30, Clause (1), or
As corroborative evidence under Section 159.
(k) The question is, whether A was robbed.
The fact that, soon after the alleged robbery, he made a
complaint relating to the offence, the circumstances under which,
and the terms in which, the complaint was made, are relevant.
The fact that he said he had been robbed, without making any
complaint, is not relevant as conduct under this section, moe it
may be relevant—
As a dying declaration under Section 30, Clause (1), or
As corroborative evidence under Section 159.
9. Facts necessary to explain or introduce a fact
in issue or relevant fact, or which support or rebut an
inference suggested by a fact in issue or relevant fact,
or which establish the identity of any thing or person
whose identity is relevant, or fix the time or place at
which any fact in issue or relevant fact happened, or
which show the relation of parties by whom any
such fact was transacted, are relevant in so far as
they are necessary for that purpose.
Illustrations.
(a) The question is, whether a given document is the will of A.
The state of A’s property and of his family at the date of the
alleged will may be relevant facts.
(>) A sues B for a libel imputing disgraceful conduct to A;
B affirms that the matter alleged to be libellous is true.
The position and relations of the parties at the time when the
libel was published may be relevant facts as introductory to the
facts in issue.
The particulars of a dispute between A and B about a matter
unconnected with the alleged libel are irrelevant, though the fact
that there was a dispute may be relevant if it affected the relations
between A and B,
Cap. 2.] Ewidence.
51
(c) A is accused of a crime.
The fact, that soon after the commission of the crime, A
absconded from his house, is relevant under Section 8, as conduct
subsequent to and affected by facts in issue.
The fact, that at the time when he left home, he had sudden
and urgent business at the place to which he went, is relevant, as
tending to explain the fact that he left home suddenly.
The details of the business on which he left are not relevant,
except in so far as they are necessary to show that the business was
sudden and urgent,
(¢d) A sues B for inducing C to break a contract of service
made by him with A. O, on leaving A’s service, says to A—“‘I
am leaving you because B has made me a better offer.” This
statement is a relevant fact as explanatory of C’s conduct, which is
relevant as a fact in issue.
(e) A, accused of theft, is seen to give the stolen property to
B, who is seen to give it to A’s wife. B says, as he delivers it—“A
says you are to hide this.” B’s statement is relevant as explanatory
of a fact which is part of the transaction.
(f) A is tried for a riot, and is proved to have marched at the
head of a mob. The cries of the mob are relevant as explanatory
of the nature of the transaction.
10. Where there is reasonable ground to believe
that two or more persons have conspired together to
commit an offence oran actionable wrong, anything
said, done or written by any one of such | persons in
reference to their common intenticn, after the time
when such intention was first entertained by any one
of them, is a relevant fact as against each of the
persons believed to be so conspiring, as well for the
purpose of proving the existence of the conspiracy as
for the purpose of showing that any such person was
a party to it.
Illustration.
Reasonable ground exists for believing that A has joined in a
conspiracy to wage war against the King.
The facts that B procured arms in Europe for the purpose of
the conspiracy, C collected money in Calcutta for a like object, D
persuaded persons to join the conspiracy in Bombay, E published
writings advocating the object in view at Agra, and F transmitted
from Delhi to G at Cabul the money which C had collected at
Calcutta, and the contents of a letter written by H giving an
account of the conspiracy, are each relevant, both to prove the
existence of the conspiracy and to prove A’s complicity in it,
although he may have been ignorant of all of them, and although
the persons by whom they were done were strangers to him, and
although they may have taken a before he joined the conspiracy
or after he left it.
4a
Things said or done
by conspirator in
reference to common
design,
52
Laws of the Uganda Protectorate. [Cuap. 2.
When facts not
otherwise relevant
become relevant,
Tn suits for damages,
facts, tending to
enable Court to
determine amount,
are relevant.
Facts relevant when
right or custom is
in question.
11. Facts not otherwise relevant are relevant—
(1) If they are inconsistent with any fact in
issue or relevant fact.
(2) If by themselves or in connection with
other facts they make the existence or non-
existence of any fact in issue or relevant fact
highly probable or improbable.
Illustrations.
(a) The question is, whether A committed a crime at Entebbe
on a certain day.
The fact that, on that day, A was at Gondokoro is relevant,
The fact that, near the time when the crime was committed, A
was at a distance from the place where it was committed, which
would render it highly improbable, though not impossible, that he
committed it, is relevant.
(b) The question is, whether A committed a crime,
The circumstances are such that the crime must have been com-
mitted either by A, B, C, or D. Every fact which shows that the
crime could have been committed by no one else, and that it was
not committed by either B, C, or D, is relevant.
12. In suits in which damages are claimed, any
fact which will enable the Court to determine the
amount of damages which ought to be awarded is
relevant
13. Where the question is as to the existence of
any right or custom, the following facts are relevant :—
(a) Any transaction by which the right or
custom in question was created, claimed, modified,
recognized, asserted or denied, or which was
inconsistent with its existence:
(6) Particular instances in which the right
or custom was claimed, recognized or exercised,
or in which its exercise was disputed, asserted or
departed from.
ExpLANATIon.—The words “right” and
“custom” in this section shall be understood to
comprehend all rights and customs recognized by
law.
Lllustration.
The question is whether A has a right to a fishery. A deed
conferring the fishery on A’s ancestor's, a mortgage of the fishery by
A’s father, a subsequent grant of the fishery by “A's father, irrecon-
cilable with the mortgage, particular instances in which A’s father
Cuap. 2.] , Evidence.
exercised the right, or in which the exercise of the right was
stopped by A’s neighbours, are relevant facts.
14. Facts showing the existence of any state of
mind, ‘such as intention, knowledge, good faith,
negligence, rashness, ill-will or good-will towards any
particular person, or showing the existence of any
state of body or bodily feeling, are relevant, when the
existence of any such state of mind or body or bodily
feeling is in issue or relevant.
EXPLANATION 1.—A fact relevant as showing
the existence of a relevant state of mind must
show that the state of mind exists, not generally,
but in reference to the particular matter in
question.
EXPLANATION 2.--But where, upon the trial
of a person accused of an offence, the previous
commission by the accused of an offence is
relevant within the meaning of this section, the
previous conviction of such person shall also be
a relevant fact.
Illustrations.
(a) A is accused of receiving stolen goods knowing them to be
stolen. It is proved that he was in possession of a particular stolen
article.
The fact that, at the same time, he was in possession of many
cther stolen articles is relevant, as tending to show that he knew
each and all of the articles of which he was in possession to be stolen.
(6) A is accused of fraudulently delivering to another person a
counterfeit coin which, at the time when he delivered it, he knew to
be counterfeit.
The fact that, at the time of its delivery, A was possessed of a
number of other pieces of counterfeit coin is relevant.
The fact that A had been previously convicted of delivering to
another person as genuine a counterfeit coin, knowing it to be
counterfeit, is relevant.
(c) A sues B for damage done by a dog of B’s, which B knew
to be ferocious.
The facts that the dog had previously bitten X, Y and Z, and
that they had made complaints to B, are relevant.
(d@) The question is, whether A, the acceptor of a bill of
exchange, knew that the name of the payee was fictitious.
The fact that A had accepted other bills drawn in the same
manner before they could have been transmitted to-him by the
payee, if the payee had been a real person, is relevant as showing
that A knew that the payee was a fictitious person.
(ec) A is accused of defaming B ly publishing an imputation
intended to harm the reputation of B._
Facts showing
existence of state of
mind, or of body, or
of bodily feeling.
Luws of the Uganda Protectorate. [Cuap. 2.
The fact of previous publications by A respecting B, showing ill-
will on the part of A towards B, is relevant, as proving A’s inten-
tion to harm B’s reputation by the particular publication in question.
The facts that there was no previous quarrel between A and B,
and that A repeated the matter complained of as he heard ‘it, are
relevant, as showing that A did not intend to harm the reputation
of B.
(f) A issued by B for fraudulently representing to B that C
was solvent, whereby B, being induced to trust C, who was insolvent,
suffered loss.
The fact that, at the time when A represented C to be solvent,
C was supposed to be solvent by his neighbours and by persons
dealing with him, is relevant, as showing that A made the represen-
tation in good faith.
(g) A is sued by B for the price of work done by B, upon.a
house of which A is owner, by the order of C,fa contractor.
A’s defence is that B’s contract was with C.
The fact that A paid C for the work in question is relevant, as
proving that A did in good faith make over to C the management
of the work in question, so that C was in a position to contract with
B on C’s own account, and not as agent for A.
(A) A is accused of the dishonest misappropriation of property
which he had found, and the question is whether, when he appro-
priated it, he believed in good faith that the real owner could not be
found,
The fact that public notice of the loss of the property had been
given in the place where A was, is relevant, as showing that A did
notin good faith believe that the real owner of the property could
not be found.
The fact that A knew, or had reason to believe, that the notice
was given fraudulently by C, who had heard of the loss of the
property and wished to set up a false claim to it, is relevant, as
showing that the fact that A knew of the notice did not disprove
A’s good faith.
(i) Ais charged with shooting at B with intent to kill him.
In order to show A’s intent, the fact of A having previously shot at
B may be proved.
(j) A is charged with sending threatening letters to B.
Threatening letters previously sent by A to B may be proved, as
showing the intention of the letters.
(k) The question is, whether A has been guilty of cruelty
towards B, his wife.
Expressions of their feeling towards each other shortly before
or after the alleged cruelty are relevant facts.
(1) The question is, whether A’s death was caused by poison.
Statements made by A during his illness as to his symptoms are
relevant facts.
(m) The question is, what was the state of A’s health at the
time an assurance on his life was effected.
Statements made by A as to the state of his health at or near
the time in question are relevant facts.
Cuap. 2.] Evidence.
(n) A sues B for negligence in providing him with a carriage
for hire not reasonably fit for use, whereby A was injured.
The fact that B’s attention was drawn on other occasions to the
defect of that particular carriage is relevant.
The fact that B was habitually negligent about the carriages
which he let to hire is irrelevant.
(0) A is tried for the murder of B by intentionally shooting
him dead.
The fact that A on other occasions shot at B is relevant as
showing his intention to shoot B.
The fact that A was in the habit of shooting at people with
intent to murder them is irrelevant.
(p) A is tried for a crime.
The fact that he said something indicating an intention to
commit that particular crime is relevant.
The fact that he said something indicating a general disposition
to commit crimes of that class is irrelevant.
15. When there is a question whether an act
was accidental or intentional, or done with a particular
knowledge or intention, the fact that such act formed
part of a series of similar occurrences, in each of
which the person doing the act was concerned, is
relevant.
Illustrations.
(a) A is accused of burning down his house in order to obtain
money for which it is insured.
The facts that A lived in several houses successively, each of
which he insured, in each of which a fire occurred, and after each of
which fires A received payment from a different insurance office, are
relevant, as tending to show that the fires were not accidental.
(6) A is employed to receive money: from the debtors of B. It
is A’s duty to make entries in a book showing the amounts received
by him. He makes an entry showing that on a particular occasion
he received less than he really did receive.
The question is, whether this false entry was accidental or
intentional.
The facts that other entries made by A in the same book are
false, and that the false entry is in each case in favour of A, are
relevant.
(c) A is accused of fraudulently delivering to B a counterfeit
rupee.
The question is, whether the delivery of the rupee was
accidental.
The facts that, soon before or soon after the delivery to B, A
delivered counterfeit rupees to C, D and E are relevant, as show-
ing that the delivery to B was not accidental.
16. When there is a question whether a_parti-
cular act was done, the existence of any course of
Facts bearing on
question whethcr
act was accidental
or intentional.
Existence of course
of business when
relevant}
Adunission defined.
Admission by party
to proceeding or Lis
agent 5
By suitor in
representative
character 5
By party interested
in subject-matter ;
By person from
whom interest
derived,
Adinissions by
persons whose
position must be
proved as against
party to suit.
Laws of the Uganda Protectorate. [Cuap. 2.
business, according to which it naturally would have
been done, is a relevant fact.
Illustrations.
(a) The question is whether a particular letter was despatched.
The facts that it was the ordinary course of business for all letters
put in a certain place to be carried to the post, and that that
particular letter was put in that place, are relevant.
(b) The question is, whether a particular letter reached A.
The facts that it was posted in due course, and was not returned
through the Dead Letter Office, are relevant.
ADMISSIONS.
17. An admission is a statement, oral or documen-
tary, which suggests any inference as to any fact in
issue or relevant fact, and which is made by any of
the persons, and under the circumstances, hereinafter
mentioned.
18. Statements made by a party to the proceeding
or by an agent to any such party, whom the Court
regards, under the circumstances: of the case, as
expressly or impliedly authorized by him to make
them, are admissions.
Statements made by parties to suits, suing or
sued in a representative character, are not admissions,
unless they were made while the party making them
held that character.
Statements made by—-
(1) Persons who have any proprietary or
pecuniary interest in the subject-matter of the
proceeding, and who make the statement in
their character of persons so interested, or
(2) Persons from whom the parties to the
suit have derived their interest in the subject-
matter of the suit, are admissions, if they are
made during the continuance of the interest of
the persons making the statements.
19. Statements made by persons whose position
or liability it is necessary to prove as against any
party to the suit are admissions, if such statements
would be relevant as against such persons in relation
to such position or liability in a suit brought by or
against them, and if they are made whilst the person
57
Cuap. 2.] Evidence.
making them occupies such position or is subject to
such liability. .
Illustration.
A undertakes to collect rents for B. B sues A for not collect-
ing rent due from C to B.
A denies that rent was due from C to B.
A statement by C that he owed B rent is an admission, and is
a relevant fact as against A, if A denies that C did owe rent to B.
20. Statements made by persons to whom a
party to the suit has expressly referred for informa-
tion in reference to a matter in dispute are admissions.
Illustration.
The question is, whether a horse sold by A to B is sound.
A says to B—‘Go and ask C; C knows all about it.” C’s
statement is an admission.
21. Admissions are relevant and may be proved
as against the person who makes them, or his repre-
sentative in interest ; but they cannot be proved by or
on behalf of the person who makes them or by his
representative in interest. except in the following
cases :—
(1) An admission may be proved by or on behalf
of the person making it, when it is of such a nature
that if the person making it were dead, it would be
relevant as between third persons under section 30.
(2) An admission may be proved by or on behalf
of the person making it, when it consists of a state-
ment of the existence of any state of mind or body,
relevant or in issue, made at or about the time when
such state of mind or body existed, and is accom-
panied by conduct rendering its falsehood improbable.
(3) An admission may be proved by or on behalf
of the person making it, if it is relevant otherwise
than as an admission. a
Illustrations.
(a) The question between A and B is, whether a certain deed
is or is not forged. A affirms that it is genuine, B that it is forged.
A may prove a statement by B that the deed is genuine, and
B may prove a statement by A that the deed is forged; but A
cannot prove a statement by himself that the deed is genuine, nor
can B prove a'statement by himself that the deed is forged.
Admissions by
persons expressly
referred to by party
to suit.
Proof of admissions
against person
making them, and
by or on their
behalf.
08
Laws of the Uganda Protectorate. [Cuap. 2.
When oral
admissions as to
contents of
documents are
relevant.
Admissions in Civil
cases when
relevant.
When statements,
&c., made to police-
officer may be
proved.
(>) A, the captain of a ship, is tried for casting her away.
Evidence is given to show that the ship was taken out of her
proper course.
A produces a book kept by him in the ordinary course of his
business, showing observations alleged to have been taken by him
from day to day, and indicating that the ship was not taken out of
her proper course. A may prove these statements, because they
would be admissible between third parties, if he were dead, under
section 30, clause (2).
(c) A is accused of a crime committed by him at Entebbe.
He produces a letter written by himself and dated at Hoima
on that day, and bearing the Hoima post-mark of that day.
The statement in the date of the letter is admissible, because,
if A were dead, it would be admissible under section 30, clause (2).
(d) A is accused of receiving stolen goods, knowing them to be
stolen.
He offers to prove that he refused to sell them below their
value.
A may prove these statements, though they are admissions,
because they are explanatory of conduct influenced by facts in issue.
(e) A is accused of fraudulently having in his possession
a counterfeit coin which he knew to be counterfeit.
He offers to prove that he asked a skilful person to examine
the coin, as he doubted whether it was counterfeit or not, and that
that person did examine it and told him it was genuine.
A may prove these facts for the reasons stated in the last
preceding Illustration.
22. Oral admissions as to the contents of a
document are not relevant, unless and until the party
proposing to prove them shows that he is entitled to
give secondary evidence of the contents of such
document under the rules hereinafter contained, or
unless the genuineness of a document produced is in
question.
23. In Civil cases no admission is relevant, if it
is made either upon an express condition that
evidence of it is not to be given, or under circum-
stances from which the Court can infer that the
parties agreed together that evidence of it should not
be given.
ExpLaNnation.—Nothing in this section shall
be taken to exempt any barrister, pleader,
attorney or vakil from giving evidence of any
matter of which he may be compelled to give
evidence under section 127.
24, Except as mentioned in section 25, state-
ments and confessions made to a police-officer may be
Cuap. 2.] Fvidence.
59
proved, and evidence thereof, other than documentary,
may be given, anything in section 90 to the contrary
notwithstanding.
25. A confession made by an accused person is
irrelevant in a criminal proceeding, if the making of
the confession appears to the Court to have been
caused by any inducement, threat or promise having
reference to the charge against the accused person
proceeding from a person in authority and sufficient,
in the opinion of the Court, to give the accused person
grounds which would appear to him reasonable for
supposing that by making it he would gain any
advantage or avoid any evil of a temporal nature in
reference to the proceedings against him.
26. If such a confession as is referred to in
section 25 is made after the impression caused by any
such inducement, threat or promise has, in the
opinion of the Court, been fully removed, it is rele-
vant.
27. If such a confession is otherwise relevant, it
does not become irrelevant merely because it was
made under a promise of secrecy, or in consequence
of a deception practised on the accused person for the
purpose of obtaining it, or when he was drunk, or
because it- was made in answer to questions which he
need not have answered, whatever may have been
the form of those questions, or because he was not
warned that. he was not bound to make such confes-
sion, and that evidence of it might be given against
him.
28. When more persons than one are being tried
jointly for the same offence, and a confession made by
one of such persons affecting himself and some other
of such persons is proved, the Court may take into
consideration such confession as against such other
person as well as against the person who makes such
confession.
Expianation.—‘‘ Offence,” as used in this
section, includes the abetment of, or attempt to
commit, the offence.
Illustrations.
(a) A and Bare jointly tried for the murder of C.
that A said ‘Band I murdered C.”
effect of this confession as against B.
It is proved
The Court may consider the
Confession caused
by inducement,'
threat or promise,
when irrelevant in
criminal proceeding.
Contession made
after removal of
impression caused
by inducement,
threat or promise,
relevant.
Confession other-
wise relevant not to
become irrelevant
because of promise
of secrecy, &c.
Consideration of
proved confession
affecting person
making it and others
jointly under trial
for same Offence.
60
Laws of the Uganda Protectorate. [Cuap. 2.
.
Adiissions not
conclusive proof,
but may estop.
Cases in which
statement of
relevant fact by
person who is dead
or cannot be found,
&c., is relevant.
When it relates to
cause of death ;
Or is made in course
of business ;
Or against interest
of maker
(b) Ais on his trial for the murder of C. There is evidence to
show that C was murdered by A and B, and that B said “ A and I
murdered C.”
This statement may not be taken into consideration by the
Court against A, as B is not being jointly tried.
29. Admissions are not conclusive proof of the
matters admitted, but they may operate as estoppels
under the provisions hereinafter contained.
STATEMENTS BY PERSONS WHO CANNOT BE CALLED AS
WITNESSES.
30. Statements, written or verbal, of relevant
facts made by a person who is dead, or who cannot
be found, or who has become incapable of giving
evidence, or whose attendance cannot be procured
without an amount of delay or expense which under
the circumstances of the case appears to the Court
unreasonable, are themselves relevant facts in the.
following cases :—
(1.) When the statement is made by a person
as to the cause of his death, or as to any of the
circumstances of the transaction which resulted in
his death, in cases in which the cause of that person’s
death comes into question—
Such statements are relevant whether the person
who made them was or was not, at the time when
they were made, under expectation of death, and
whatever may be the nature of the proceeding in
which the cause of his death comes into question. ©
(2.) When the statement was made by such
person in the ordinary course of business, and
in particular when it consists of any entry or
memorandum made by him in books kept in the
ordinary course of business, or in the discharge of
professional duty ; or of an acknowledgment written
or signed by him of the receipt of money, goods,
securities or property of any ‘kind; or of a document
used in commerce written or signed by him; or of
the date of a letter or other document usually dated,
written or signed by him.
(3.) When the statement is against the pecuniary
or proprietary interest of the person making it, or
when, if true, it would expose him or-would have
Cuap, 2.] Evidence.
61
exposed him to a criminal prosecution or to a suit
for damages.
(4.) When the statement gives the opinion of
any such person, as to the existence of any public
right or custom or matter of public or general
interest, of the existence of which, if it existed, he
would have been likely to be aware, and when
such statement was made before any controversy as
to such right, custom or matter had arisen.
(5.) When the statement relates to the existence
of any relationship by blood, marriage or adoption
between persons as to whose relationship by blood,
marriage or adoption the person making the statement
had special means of knowledge, and when the
statement was made before the question in dispute
was raised.
(6.) When the statement relates to the existence
of any relationship by blood, marriage or adoption
between persons deceased, and is made in any will
or deed relating to the affairs of the family to which
any such deceased person belonged, or in any family
pedigree, or upon any tombstone, family portrait or
other thing on which such statements are usually
made, and when such statement was made before
the question in dispute was raised.
(7.) When the statement is contained in any
deed, wili or other document which relates to any
such transaction as is mentioned in Section 13,
Clause (a).
(8.) When the statement was made by a number
of persons, and expressed feelings or impressions on
their part relevant to the matter in question.
{
Illustrations.
(a) The question is, whether A was murdered by B ; or
A dies of injuries received in a transaction in the course of
which she was ravished. The question is, whether she was ravished
by B; or
The question is whether A was killed by B under such circum-
stances that a suit would lie against B by A’s widow.
Statements made by A as to the cause of his or her death,
referring respectively to the murder, the rape and the actionable
wrong under consideration are relevant facts.
Or gives opinion as
to public right or
custom, or matters
of general interest: ;
Or relates to
existence of
relationship ;
Or is made in will
or deed relating to
family affairs ;
Or in document
relating to transac-
tion mentioned in
Section 13,
Clause (a) ;
Or is made by
several persons and
expresses feelines
relevant to matter
in question.
62
Laws of the Uganda Protectorate. [Cuap. 2.
(6) The question is as to the date of A’s birth.
An entry in the diary of a deceased surgeon, regularly kept in
the course of business, stating that, on a given day, he attended A’s
mother and delivered her of a son, is a relevant fact.
(c) The question is, whether A was in Calcutta on a given day.
A statement in the diary of a deceased solicitor, regularly kept
in the course of business, that on a given day the solicitor attended
A at a place mentioned, in Calcutta, for the purpose of conferring
with him upon specified business, is a relevant fact.
(d) The question is, whether a ship sailed from Bombay
harbour on a given day.
A letter written by a deceased member of a merchant’s firm by
which she was chartered to their correspondents in London, to whom
the cargo was consigned, stating that the ship sailed on a given day
from Bombay harbour, is a, relevant fact.
(e) The question is, whether rent was paid to A for certain land.
A letter from A’s deceased agent to A saying that he had
received the rent on A’s account, and held it at A’s orders, is a
relevant fact.
(f) The question is, whether A and B were legally married.
The statement of a deceased clergyman that he married them
under such circumstances that the celebration would be a crime is
relevant.
(g) The question is, whether A, a person who cannot be found,
wrote a letter on a certain day. The fact that a letter written by
him is dated on that day is relevant.
() The question is, what was the cause of the wreck of a ship.
A protest made by the captain, whose attendance cannot be
procured, is a relevant fact.
(i) The question is, whether a given road is a public way.
A statement by A, a deceased headman of the village, that the
road was public, is a relevant fact.
(j) The question is, what was the price of grain on a certain
day in a particular market. A statement of the price, made by a
deceased merchant in the ordinary course of his business, is a
relevant fact.
(k) The question is, whether A, who is dead, was the father
. i
A statement by A that B was his son is a relevant fact.
(1) The question is, what was the date of the birth of A.
A letter from A’s deceased father to a friend, announcing the
birth of A on a given day, is a relevant fact.
of B
(m) The question is, whether, and when, A and B were
married,
An entry in a memorandum-book by C, the deceased father of
B, of his daughter’s marriage with A on a given date, is a relevant
fact.
(n) A sues B for a libel expressed in a painted caricature
exposed in a shop window. The question is as to the similarity of
the caricature and its libellous character. The remarks of a crowd
of spectators on these points may be proved.
Cuap. 2.] Evidence.
63
31. Evidence given by a witness in a judicial
proceeding, or before any person authorised by law
to take it, is relevant for the purpose of proving in
a subsequent judicial proceeding or in a later stage
of the same judicial proceeding, the truth of the
facts which it states, when the witness is dead or
cannot be found, or is incapable of giving evidence,
or is kept out of the way by the adverse party, or if
his presence cannot be obtained without an amount
of delay or expense which, under the circumstances
of the case, the Court considers unreasonable :
Provided—that the proceeding was between the
same parties or their representatives in interest ;
That the adverse party in the first proceeding
had the right and opportunity to cross-examine ;
That the questions in issue were substantially
the same in the first as in the second proceeding.
EXPLANATION.—A._ criminal trial or inquiry
shall be deemed to be a proceeding between the
prosecutor and the accused within the meaning
of this section.
STATEMENTS MADE UNDER SPECIAL CIRCUMSTANCES.
32. Entries in books of account, regularly kept
in the course of business, are relevant whenever they
refer to a matter into which the Court has to inquire,
but such statement shall not alone be sufficient
evidence to charge any person with liability.
Illustration.
A sues B for 1,000 rupees, and shows entries in his account
books showing B to be indebted to him to this amount. The
entries are relevant, but are not sufficient, without other evidence,
to prove the debt.
33. An entry in any public or other official book,
register or record, stating a fact in issue or relevant
fact, and made by a public servant in the discharge of
his official duty or by any other person in performance
of a duty specially enjoined by the law of the country
in which such book, register or record is kept, is itself
a relevant fact.
34. Statements of facts in issue or relevant tacts,
‘made in published maps or charts generally offered
Relevancy of certain
evidence for prov-
ing, in subsequent
proceeding, the
truth of facts
therein stated.
Entries in books of
account when
relevant,
Relevancy of entry
in public record,
made in perfor-
mance of duty.
Relevancy of state-
ments in maps,
charts and plans,
Relevancy of state-
ment as to fact of
public nature con-
tained in certain
Acts or notifica-
tions.
Relevancy of state-
ments as to any law
contained in law-
books.
What. evidence to be
given when state-
ment forms part of
@ conversation, '
document, book or
series of letters or
papers.
Previous judgments
relevant to bar a
second suit or trial.
Relevancy of -
certain judgments
in probate, &¢., ...
jurisdiction.
Laws of the Uganda Protectorate. [Cuap. 2,
for public sale or in maps or plans made under the
authority of Government, as to matters. usually
represented or stated in such maps, charts or plans,
are themselves relevant facts.
35. When the Court has to form an opinion as
to the existence of any fact of a public nature, any
statement of it, made in a recital contained in any
Act of Parliament, or in any Uganda law duly
promulgated, or in a notification of the Government
appearing in the Gazette, or in any printed paper
purporting to be the London Gazette or the Govern-
ment Gazette of any colony or possession of the King
or of any British Protectorate, is a relevant fact. :
36. When the Court has to form an opinion as
to a law of any country, any statement of such law
contained in a book purporting to be printed or
published under the authority of the Government of
such country and to contain any such law, and any
report of the ruling of the Courts of such countr Vv
contained in a book 4 purporting to be a report of such
rulings, is relevant.
How Mucu or a STATEMENT IS TO BE PROVED.
37. When any statement of which evidence is
given forms part of a longer statement, or of a
conversation or part of an isolated document, or is
contained in a document which forms fart of a book,
or of a connected series of letters or papers, evidence
shall be given of so much and no more of the
statement, conversation, document, book or series of
letters or papers as the Court considers necessary in
that particular case to the full understanding of
the nature and effect of the statement, and of the
circumstances under which it was made.
y
JUDGMENTS OF CourRTS OF JUSTICE WHEN RELEVANT.
38. The existence of any judgment, order or
decree which by law prevents any Court from taking
cognizance of a suit or holding a trial, is a relevant
fact when the question is whether such Court ought
to take cognizance of such suit or to hold such trial.
39. A final judgment, order or decree of a com-
petent Court, in the exercise of probate, matrimonial,
Cuap. 2.] Evidence.
65
admiralty or insolvency jurisdiction, which confers
upon or takes away from any person any legal
character, or which declares any person to be entitled
to any such character, or to be entitled to any specific
thing, not as against any specified person but
absolutely, is relevant when the existence of any such
legal character, or the title of any such person to any
such thing, is relevant.
Such judgment, order or decree is conclusive
proof—
That any legal character which it confers
accrued at the time when such judgment, order
or decree came into operation ;
That any legal character, to which it declares
any such person to be entitled, accrued to that.
person at the time when such judgment, order
or decree declares it to have accrued to. that
person ;
That any legal character which it takes away
from any such person ceased at the time from
which such judgment, order or decree declared
that it had ceased or should cease ;
And that anything to which it declares any
person to be so entitled was the property of that
person at the time from which such judgment,
order or decree declares that it had been or should
be his property.
40. Judgments, orders or decrees other than
those mentioned in section 39 are relevant if they
relate to matters of a public nature relevant to the
enquiry ; but such judgments, orders or decrees are
not conclusive proot of that which they state.
Illustration.
A sues B for trespass on his land. B alleges the existence of a
public right of way over the land, which A denies.
The existence of a decree in favour of the defendant, in a suit
by A against C for a trespass on the same land, in which C alleged
the existence of the same right of way, is relevant, but it is not con-
clusive proof that the right of way exists.
41. Judgments, orders or decrees, other than
those mentioned in Sections 38, 3% and 40, are irrele-
vant, unless the existence of such judgment, order or
decree is a fact in issue, or is relevant under some
other provision of this Ordinance.
5
Relevancy and effect
of judgments,
orders or decrees,
other than those
mentioned in
Section 39.
Judgments, &e.,
other than those
mentioned in
sections 38 to 40
when relevant.
66
Laws of the Uganda Protectorate. [CHap, 2.
Fraud or collusion
in obtaining
judgment, or
incompetency of
Court, may be
proved,
Opinions of experts.
Illustrations.
(a) Aand B separately sue C for a libel which reflects upon
each of them. Cin each case says that the matter alleged to be
libellous is true, and the circumstances are such that it is probably
true in each case, or in neither.
A obtains a decree against C for damages on the ground that
C failed to make out his justification. The fact is irrelevant as
between B and C.
(6) A prosecutes B for adultery with C, A’s wife.
B denies that C is A’s wife, but the court convicts B of
adultery.
Afterwards C is prosecuted for bigamy in marrying B during
A’s lifetime. C says that she never was A’s wife.
The judgment against B is irrelevant as against C.
(c) A prosecutes B for stealing a cow from him. B is
convicted.
A afterwards sues C for the cow, which B had sold to him
before his conviction. As between A and ©, the judgment against
B is irrelevant.
(d) A has obtained a decree for the possession of land against
B. OC, B’s son, murders A in consequence.
The existence of the judgment is relevant, as showing motive
for a crime.
(e) A is charged with theft, and with having -been previously
convicted of theft. The previous conviction is relevant as a fact in
issue.
(f) A is tried for the murder of B. The fact that B prose-
cuted A for libel, and that A was convicted and sentenced, is rele-
vant under section 8, as showing the motive for the fact in issue.
42. Any party to a suit or other proceeding may
show that any judgment, order or decree which is
relevant under Section 38, 39 or 40, and which has
been proved by the adverse party, was delivered by a
Court not competent to deliver it, or was obtained by
fraud or collusion.
OPINIONS OF THIRD PERSONS, WHEN RELEVANT.
43. When the Court has to form an opinion upon
a point of foreign law, or of science or art, or as to
identity of handwriting or finger impressions, the
opinions upon that point of persons specially skilled
in such foreign law, science or art, or in questions as
to identity of handwriting or finger impressions, are
relevant facts.
Such persons are called experts.
Cuap. 2.] Evidence.
67
Mlustrations.
(a) The question is whether the death of A was caused by
poison.
The opinions of experts as to the symptoms produced by the
poison by which A is supposed to have died, are relevant.
(6) The question is whether A, at the time of doing a certain
act, was, by reason of unsoundness of mind, incapable of knowing
the nature of the act, or that he was doing what was either wrong
or contrary to law.
The opinions of experts upon the question whether the
symptoms exhibited by A commonly show unsoundness of mind, and
whether such unsoundness of mind usually renders persons in:capable
of knowing the nature of the acts which they do, or of know ng that
what they do is either wrong or contrary to law, are relevant.
(c) The question is, whether a certain document was written
by A. Another document is produced which is proved or admitted
to have been written by A.
The opinions of experts on the question whether the two docu-
ments were written by the same person or by different persons, are
relevant,
1
44, Facts, not otherwise relevant, are relevant if
they support or are inconsistent with the opinions of
experts, when such opinions are relevant.
LItlustrations.
(a) The question is, whether A was poisoned by a certain
poison,
The fact that other persons, who were poisoned by that poison,
exhibited certain symptoms which experts affirm or deny to be the
symptoms of that poison, is relevant.
(6) The question is, whether an obstruction to a harbour is
caused by a certain sea-wall.
The fact that other harbours similarly situated in other
respects, but where there were no such sea-walls, began to be
obstructed at about the same time, is relevant.
45. When the Court has to form an opinion as to
the person by whom any document was written or
signed, the opinion of any person acquainted with the
‘handwriting of the person by whom it is supposed to
be written or signed that it was or was not written or
signed by that person, is a relevant fact.
ExpLANATION.—A_ person is said to be
acquainted with the handwriting of another
person when he has seen that person write, or
when he has received documents purporting to be
written by that person in answer to documents
written by himself or under his authority and
5A
Facts bearing upon
opinions of experts.
Opinion as to
handwriting when
relevant. -
68
Laws of the Uganda Protectorate. [Cuap. 2.
Opinion as to
existence of right
or custom, when
relevant.
Opinion as to
usages, tenets, &c.,
when relevant.
Opinion on
relationship when
relevant,
addressed to that person, or when, in the ordi-
nary course of business, documents purporting to
be written by that person have been habitually
submitted to him.
Illustration.
The question is, whether a given letter is in the handwriting
of A, a merchant in London.
B is a merchant in Entebbe, who has written letters addressed
to A and received letters purporting to be written by him. C is
B’s clerk, whose duty it was to examine and file B’s correspondence.
D is B’s broker, to whom B habitually submitted the letters pur-
porting to be written by A for the purpose of advising with him
thereon.
The opinions of B, C and D on the question whether the letter
is in the handwriting of A are relevant, though neither B, C, nor
D ever saw A write.
46. When the Court has to form an opinion as
to the existence of any general custom or right, the
opinions, as to the existence of such custom or right,
ot persons who would be likely to know of its exis-
tence if it existed, are relevant.
EXPLANATION.—The expression ‘‘ general cus-
tom or right” includes customs or rights common
to any considerable class of persons.
Illustration.
The right of the villagers of a particular village to use the
water of a particular well is a general right within the meaning of
this section.
7. When the Court has to form an opinion as
to—
The usages and tenets of any body of men
or family ;
The constitution and government of any
religious or charitable foundation ; or,
The meaning of words or terms used in
particular districts or by particular classes of
people ;
The opinion of persons having special
means of knowledge thereon, are relevant facts.
48. When the Court has to form an opinion as to
the relationship of one person to another, the opinion,
expressed by conduct, as to the existence of such rela-
tionship, of any person who, as a member of the
Cuap. 2.] Evidence.
family or otherwise, has special means of knowledge
on the subject, is a relevant fact :
Provided that such opinion shall not be
sufficient to prove a marriage in proceedings
under The Divorce Ordinance, 1904, or in prosecu-
tions under Sections 494, 495, 497 or 498 of The
Indian Penal Code.
‘ Illustrations.
(a) The question is whether A and B were married.
The fact that they were usually received and treated by their
friends as husband and wife, is relevant.
(6) The question is whether A was the legitimate son of B.
The fact that A was always treated as such by members of the
family, is relevant.
49. Whenever the opinion of any living person
is relevant, the grounds on which such opinion is
based are also relevant.
Iilustration.
An expert may give an account of experiments performed by
him for the purpose of forming his opinion.
CHARACTER WHEN RELEVANT.
50. In Civil cases the fact that the character of
any person concerned is such as to render probable
or improbable any conduct imputed to him is
irrelevant, except in so far as such character appears
from facts otherwise relevant.
51. In Criminal proceedings the fact that the
person accused is of a good character is relevant.
52. In Criminal proceedings the fact that the
accused person has a bad character is irrelevant,
unless evidence has been given that he has a good
character, in which case it becomes relevant.
EXPLANATION 1.—This section does not
apply to cases in which the bad character of any
person is itself a fact in issue.
EXPLANATION 2.—A previous conviction is
relevant as evidence of bad character.
53. In Civil cases the fact that the character of
any person is such as to affect the amount of damages
which he ought to receive is relevant.
69
Grounds of opinion
when relevant.
In Civil cases
character to prove
conduct imputed
irrelevant.
In Criminal cases,
previous good
character relevant.
Previous bad
character not
relevant, except in
reply.
Character as
affecting damages.
70
Laws of the Uganda Protectorate. [Cuap. 2.
Facts judicially
noticeable need not
be proved.
Facts of which
Court must take
judicial notice.
ExpLANATION.—In Sections 50, 51, 52 and
53, the word “ character” includes both reputa-
tion and disposition ; but, except as provided in
Section 5Z, evidence may be given only of general
reputation and general disposition, and not of
particular acts by which reputation or disposition
were shown.
PART II.
On PROooF.
Cuapter III.
Facts Waicuh NEED NoT BE PROVED.
54. No fact of which the Court will take judicial
notice need be proved.
55. The Court shall take judicial notice of the
following facts :—
(1) All laws, rules, regulations, proclamations,
orders or notices having the force of law now or
heretofore in force, or hereafter to be in force, in any
part of Uganda :
(2) All- public Acts passed or hereafter to be
passed by Parliament, and all local and personal
Acts directed by Parliament to be judicially noticed :
(3) Articles of War for His Majesty's Army or
Navy:
(4) The course of proceeding of Parliament,
and of the Councils or other authorities for the
purpose of making Laws and Regulations estab-
lished under any Law for the time being relating
thereto :
EXPLANATION.—The word “ Parliament,” in
Clauses (2) and (4), includes—
(1) The Parliament of Great Britain
and Ireland ;
(2) The Parliament of Great Britain ;
(3) The Parliament of England ;
(4) The Parliament of Scotland ; and
(5) The Parliament of Ireland :
Cuap. 2.] Evidence.
71
(5) The accession and the sign manual of the
Sovereign for the time being of the United Kingdom
of Great Britain and Ireland :
(6) All seals of which the English Courts
take judicial notice*®: the seals of all the Courts
of Uganda duly established: the seals of Courts
of Admiralty and Maritime Jurisdiction and of
Notaries Public, and all seals which any person
is authorised to use by any Act of Parliament or
other Act, Regulation or Ordinance having the
force of law in Uganda :
(7) The accession to office, names, titles, functions
and signatures of the persons filling for the time being
any public office in any part of Uganda, if the fact
of their appointment to such office is notified in the
Gazette :
(8) The existence, title and national flag of every
State or Sovereign recognised by the British Crown :
(9) The divisions of time, the geographical
divisions of the world, and public festivals, fasts
and holidays notified in the Gazette:
(10) The territories under the dominion or
protection of the British Crown :
(11) The commencement, continuance and ter-
mination of hostilities between the British Crown
and any other State or body of persons :-
(12) The names of the members and officers
of the Court, and of their deputies and subordinate
officers and assistants, and also of all officers acting
in execution of its process, and of all pleaders and
other persons authorised by Law to appear or act
before it :
(13) The rule of the road on land or at sea.
In all these cases and also on matters of public
history, literature, science or art, the Court may
resort for its aid to appropriate books or documents
of reference.
If the Court is called upon by any person to
take judicial notice of any fact, it may refuse to do
so unless and until such person produces any such
book or document as it may consider necessary to
enable it to do so.
56. No fact need be proved in any proceeding
which the parties thereto or their agents agree to
3 As to judicial notice of the seals of foreign Ministers of Justice, see also
“ The Fugitive Criminals Surrender Ordinance, 1908,” Section 13 {ii.), post, page
140.
Facts admitted need
not be proved,
=F
lo
Proof of facts by -
oral evidence.
Oral evidence must
be direct.
Laws of the Uganda Protectorate. fCuap. 2.
admit at the hearing, or which, before the hearing,
they agree to admit by any writing under their hands,
or which by any rule of pleading in force at. the time
they are deemed to have admitted by their pleadings :
Provided that the Court may, in its discretion,
require the facts admitted to be proved otherwise
than by such admissions.
CHaptTer IV.
Or ORAL EVIDENCE.
57. All facts, except the contents of documents,
may be proved by oral evidence.
58. Oral evidence must, in all cases whatever, be
direct ; that is to say—
If it refers to a fact which could be seen, it
must be the evidence of a witness who says he
saw it ;
If it refers to a fact which could be heard,
it must be the evidence of a witness who says
he heard it ;
If it refers to a fact which could be per-
ceived by any other sense, or in any other
manner, it must be the evidence of a witness
who says he perceived it by that sense or in that
manner ;
If it refers to an opinion or to the grounds
on which that opinion is held, it must be the
evidence of the person who holds that opinion on
those grounds :
Provided that the opinions of experts expressed
in any treatise commonly offered for sale, and the
grounds on which such opinions are held, may be
proved by the production of such treatises if the
author is dead or cannot be found, or has become
incapable of giving evidence, or cannot be called as a
witness without an amount of delay or expense which
the Court regards as unreasonable.
Provided also that, if oral evidence refers to the
existence or condition of any material thing other
than a document, the Court may, if it thinks fit,
require the production of such material thing for its
inspection.
J
Cuap. 2.] Evidence.
73
CHAPTER VY.
Or DocuMENTARY EVIDENCE.
59. The contents of documents may be proved
either by primary or by secondary evidence.
60. Primary evidence means the document itself
produced for the inspection of the Court.
EXPLANATION 1.—Where a document is exe-
cuted in several parts, each part is primary
evidence of the document.
Where a document is executed in counter-
part, each counterpart being executed by one or
some of the parties only, each counterpart is
primary evidence as against the parties executing
it.
EXPLANATION 2.—-Where a number of docu-
ments.are all made by one uniform process, as in
the case of printing, lithography, or photography,
each is primary evidence of the contents of the
rest ; but where they are all copies of a common
original, they are not primary evidence of the
contents of the original.
Illustration.
A person is shown to have been in possession of a number of
placards, all printed at one time from one original. Any one of the
placards is primary evidence of the contents of any other, but no
one of them is primary evidence of the contents of the original.
61. Secondary evidence means and includes—
(1.) Certified copies given under the provisions
hereinafter contained ;
(2.) Copies made from the original by mechanical
processes which in themselves insure the accuracy of
the copy, and copies compared with such copies ;
(3.) Copies made from or compared with the
original ;
(4.) Counterparts of documents as against the
parties who did not execute them ;
(5.) Oral accounts of the contents of a document
given by some person who has himself seen it.
Illustrations.
(a) A photograph of an original is secondary evidence of its
contents, though the two have not been compared, if it is proved
that the thing photographed was the original.
Proof of contents of
documents.
. ah
Primary evidence.
Secondary
evidence.
74
Laws of the Uganda Protectorate. [CHap. 2
Proof of documents
by primary
evidence.
Cases in which
secondary evidence
relating to docu-
ments may be given.
(6) A copy compared with a copy of a letter made by a copying
machine is secondary evidence of the contents of the letter, if it is
shown that the copy made by the copying machine was made from
the original.
(c) A copy transcribed from a copy, but afterwards compared
with the original, is secondary evidence ; but the copy not so com-
pared is not secondary evidence of the original, although the copy
from which it was transcribed was compared with the original.
(d) Neither an oral account of a copy compared with the
original, nor an oral account of a photograph or machine-copy of
the original, is secondary evidence of the original.
62. Documents must be proved by primary
evidence except in the cases hereinafter mentioned.
63. Secondary evidence may be given of the
existence, condition or contents of a document in the
following cases :—
(a) When the original is shown or appears to be
in the possession or power—
Of the person against whom the document
is sought to be proved, or of any person out of
reach of, or aot subject to, the process of the
Court, or of any person legally bound to
produce it,
and when, after the notice mentioned in Section 64,
such person does not produce it ;
(0) When the existence, condition or contents
of the original have been proved to be admitted in
writing by the person against whom it is proved or
by his: representative in interest ;
(c) When the original has been destroyed or
lost, or is in the possession or power of any person
not legally bound to produce it, and who refuses to or
does not produce it after reasonable notice, or when
the party offering evidence of its contents cannot, for
any other reason not arising from his own default or
neglect, produce it in reasonable time ;
(2) When the original is of such a nature as not
to be easily movable ;
(¢) When the original is a public document
within the meaning of Section 72 ;
( /) When the original is a document of which a
certified copy is permitted by this Ordinance, or by
any other law in force in Uganda, to be given in
evidence ;
Cuap. 2.] Lvidence.
75
(7) When the originals consist of numerous
accounts or other documents which cannot conve-
niently be examined in Court, and the fact to be
proved is the general result of the whole collection.
In cases (a), (c) and (@), any secondary evidence
of the contents of the document is admissible.
In case (/), the written admission is admissible.
In case (e) or (7), a certified copy of the docu-
ment, but no other kind of secondary evidence, is
admissible.
In case (g), evidence may be given as to the
general result of the documents by any person who
has examined them, and who is skilled in the
examination of such documents.
64. Secondary evidence of the contents of the
documents referred to in Section 63, clause (#) shall
not be given unless the party proposing to give such
secondary evidence has previously given to the party
in whose possession or power the document is, or to
his attorney or pleader, such notice to produce it as
prescribed by law ; and if no notice is prescribed by
law, then such notice as a Court considers reasonable
under the circumstances of the case :
Provided that such notice shall not be required
in order to render secondary evidence admissible in
any of the following cases, or in any other case in
which the court thinks fit to dispense with it :—
(1) When the document to be proved is itself a
notice ;
(2) When, from the nature of the case, the
adverse party must know that he will be required
to produce it ;
(3) When it appears or is proved that the
adverse party has obtained possession of the original
by fraud or force ;
(4) When the adverse party or his agent has the
original in Court ;
(5) When the adverse party or his agent has
admitted the loss of the document ;
(6) When the person in possession of the docu-
ment is out of reach of, or not subject to, the process
of the Court.
Rules as to notice
* to produce.
76
Laws of the Uganda Protectorate. [Cuap. 2.
Proof of signature
and handwriting of
person alleged to
have signed or
written document
produced.
Proof of execution
of document -
required by law to
be attested.
Proof where no
attesting witness
found.
Admission of ex-
ecution by party to
attested document.
Proof when
attesting witness
denies the
execution.
Proof of document
not required by law
to be attested.
Comparison of
signature, writing
or seal with others
admitted or proved.
65. If a document is alleged to be signed or to
have been written wholly or in part by any person,
the signature or the handwriting of so much of the
document as is alleged to be in that person’s hand-
writing rust be proved to ‘be in his handwriting.
66. If a document is required by iaw to be
attested, it shall not be used as evidence until one
attesting witriess at least has been called for the
purpose of proving its execution, if there be an
attesting witness alive, and subject to the process of
the Court and capable of giving evidence.
67. If no such attesting witness can be found,
or if the document purports to have been executed in
the United Kingdom, it must be proved that the
attestation of one attesting witness at least is in his
handwriting, and that the signature of the person
executing the document is in the handwriting of that
person.
68. The admission of a party to an attested
document of its execution by himself shall be suffi-
cient proof of its execution as against him, though it
be a document required by law to be attested.
69. If the attesting witness denies or does not
recollect the execution of the document, its execution
may be proved by other evidence.
70. An attested document not required by law
to be attested may be proved as if it was unattested.
71. In order to ascertain whether a signature,
writing or seal is that of the person by whom it
purports to have been written or made, any signature,
writing or seal admitted or proved to the satisfaction
of the Court to have been written or made by that
person may be compared with the one which is to be
proved, although that signature, writing or seal has
not been produced or proved for any other purpose.
The Court may direct any person present in
court to write any words or figures for the purpose
of enabling the Court to compare the words or figures
so written with any words or figures alleged to have
been written by such person.
This section applies also, with any necessary
modifications, to finger impressions.
CHap. 2.] Evidence.
ve
Pusnic DocuMENTs.
72. The following documents are public docu-
ments :—
(1) Documents forming the acts or records of
the acts —
(z.) Of the sovereign authority,
(#.) Of official bodies and tribunals,
and
(it.) Of public officers, legislative, judi-
cial and executive, whether of Uganda, or
of any other part of His Majesty’s dominions
or Protectorates, or of a foreign country.
(2) Public records kept in Uganda of private
documents.
73. All other documents are private.
74, Every public officer having the custody of a
public ducument, which any person has a right to
inspect, shall give that person on demand a copy of it
on payment of the legal fees therefor, together with
a certificate written at the foot of such copy that it is
a true copy of such document or part thereof, as the
case may be, and such certificate shall be dated and
subscribed by such officer with his name and official
title, and shall be sealed, whenever such officer is
authorised by law to make use of a seal, and such
copies so certified shall be called certified copies.
ExpLanation.—Any officer who, by the
ordinary course of official duty, is authorised to
deliver such copies, shall be deemed to have the
custody of such documents within the meaning
of this section.
75. Such certified copies may be produced in
proof of the contents of the public documents or parts
ot the public documents of which they purport to be
copies.
76. The following public documents may be
proved as follows :—
(1) Acts, orders or notifications of the Govern-
ment of Uganda or of any Local Government,—
By the records of the departments, certified
by the heads of those departments respectively,
Or by any document purporting to be printed
by order of any such Government,
Public documents.
Private documents.
Certified copies of
public documents.
Proof of documents
by production of
certified copies.
Proof of other
official documents.
78
Laws of the Uganda Protectorate. [Cuap. 2.
Presumption as
genuineness of
certified copies.
Or by published laws or abstracts or by copies
purporting to be printed by order of Government :
(2) The acts of the executive or the proceed-
ings of the legislature of a foreign country, —
. By journals published by their authority, or
commonly received in that country as such, or by
a copy certified under the seal of the country or
sovereign, or by a recognition thereof in some
law of Uganda :
(3) The proceedings of a municipal body in
Uganda,—
By a copy of such proceedings certified by the
legal keeper thereof, or by a printed book pur-
porting to be published by the authority of such
body :
(4) Public documents of any other class in
a foreign country,—
By the original, or by a copy certified by the
legal keeper thereof, with a certificate under the
seal of a Notary Public, or of a British Consul or
diplomatic agent, that the copy is duly certified
by the officer having the legal custody of the
original, and upon proof of the character of the
document according to the law of the foreign
country’ :
(5) The Documentary Evidence Acts, 1868,
and 1882, shall apply to Uganda :
(6) Section 12 of the Naturalization Act,
1870, shall apply to Uganda.
PRESUMPTIONS AS TO DOCUMENTS.
77. The Court shall presume every document
purporting to be a certificate, certified copy or other
document, which is by law declared to be admissible
as evidence of any particular fact, and which purports
to be duly certified by any officer in Uganda, to be
genuine :
Provided that such document is substantially in
the form and purports to be executed in the manner
directed by law in that behalf.
Fhe Court shall also presume that any officer by
whom any such document purports to be signed or
certified, held, when he signed it, the official character
which he claims in such paper.
4 As to proof of foreign warrants and depositions, etc., for the purposes
of ‘‘The Fugitive Criminals Surrender Ordinance, 1908,” see Sections 12 and
13 of that Ordinance, post, page 139.
Cuap. 2.] Evidence.
79
78. Whenever a document is produced before
any Court, purporting to be a record or memorandum
of any evidence given in a judicial proceeding or
before any officer authorised by law to take evidence,
required by law to be reduced to writing, and pur-
porting to be signed by any Judge or Magistrate, or
by any such officer as aforesaid, the Court may pre-
sume that such document is genuine, and that the
evidence recorded was the evidence actually given ;
may take oral evidence of the proceedings and the
evidence given; and shall not be precluded from
admitting any such document merely by reason of the
absence of any formality required by law, provided
always that an accused person is not injured as to his
defence on the merits.
79. The Court shall presume the genuineness of
every document purporting to be the London Gazette
or the Gazette of Uganda or the Government Gazette
of any colony, dependency, possession or protectorate
of the British Crown, or to bea newspaper or journal,
or to be a copy of a private Act of Parliament printed
by the King’s Printer, or in any of the manners men-
tioned in the Documentary Evidence Act, 1882, and
of every document purporting to be a document
directed by any law to be kept by any person, if such
document is kept substantially in the form required
by law and is produced from proper custody.
80. When any document is produced before any
Court, purporting to be a document which, by the law
in force for the time being in England or Ireland,
would be admissible in proof of any particular in any
Court of Justice in England or Ireland, without
proof of the seal or stamp or signature authenticating
it, or of the judicial or official character claimed by
the person by whom it purports to be signed, the
Court shall presume that such seal, stamp or signature
is genuine, and that the person signing it held, at the
time when he signed it, the judicial or official character
which he claims,
And the document, shall be admissible for the
same purpose for which it would be admissible in
England or Ireland.
81. The Court shall presume that maps or plans
purporting to be made by the authority of Govern-
ment were so made, and are accurate ; but maps or
Presumption as to
documents produced
as record of
evidence.
Presumption as to
Gazettes, news-
papers, private Acts
of Parliament and
other documents.
Presumption as to
document admissible
in England without
proof of seal or
signature.
Presumption as to
maps or plans made
by authority of
Government.
80
Laws of the Uganda Protectorate. [CHap. 2,
Presumption as to
collections of laws
and reports of
decisions.
Presumption as to
private documents
executed outside
the Protectorate.
plans made for the purposes of any cause must be
proved to be accurate.
82. The Court shall presume the genuineness of
every book purporting to be printed or published
under the authority of the Government of any
country, and to contain any of the laws of that
country ;
And of every book purporting to contain reports
of decisions of the Courts of such country.
83. The Court shall presume that private docu-
ments purporting to be executed cut of the Protec-
torate were so executed and were duly authenticated
if :—
(a) In the case of such document executed in the
United Kingdom it purport to be authenticated by
a Notary Public under his signature and seal of
office ;
(6) In the case of such document executed (else-
where than in the United Kingdom) in any part of
His Majesty’s dominions and Protectorates outside
Africa it purport to be authenticated by the signature
and seal of office of the Mayor of any town or of a
Notary Public or of the permanent head of any
Government department in any such part of His
Majesty’s dominions or Protectorates ;
(c) (i.) In the case of such a document executed
in any of His Majesty’s Colonies or Protectorates in
Africa, it purport to be authenticated by the signature
and seal of office of any Notary Public, Resident
Magistrate, permanent head of a Government De-
partment, or Resident Commissioner or Assistant
Commissioner in or of any such Colony or Pro-
tectorate ; j
(ii.) And in addition, in the case of a document
executed in the East Africa Protectorate, it purport
to be authenticated under the hand of any Magistrate
or head of a Government Department ;
(7) In the case of such document executed in
any place outside His Majesty’s dominions or Pro-
tectorates (in this section described asa foreign place),
it purport to be authenticated by the signature and
seal of office ;
(i.) Of a British Consul or Vice-Consul of such
foreign place ;
Crap. 2.] Evidence.
(ii:) Of any Secretary of State, Under Secretary
of State, Governor, Colonial Secretary, or any other
person in such foreign place who shall be shown by
the certificate of the Consul or Vice-Consul of such
foreign place, in or for the Protectorate, to be duly
authorised under the law of such foreign place to
authenticate such document ;
(¢) In the case of such document executed in any
part of His Majesty’s dominions or Protectorates
which affects or relates to property not exceeding in
amount or value two hundred pounds sterling there
purport to be appended to or endorsed on such docu-
ment a statement signed by a Magistrate or a Justice
of the Peace of the part of His Majesty’s
dominions or Protectorates in which such document
is executed :— .
(«) That the person executing such docu-
ment is a person known to him ; or
(6) That two other persons (known to him)
have severally testified before him that the person
executing such document is a person known to
each of them.
84. The Court shall presume that every document
purporting to be a power of attorney and to have
been executed before, and authenticated by, a Notary
Public, or any Court, Judge, Magistrate, British
Consul or Vice-Consul, or representative of His
Majesty or of the Government of India, was so
executed and authenticated.
85. The Court may presume that any document
purporting to be acertified copy of any judicial record
of any country not forming part of His Majesty’s
dominions is genuine and accurate, if the document
purports to be certified in any manner which is
certified by any representative of His Majesty or of
the Government of India in or for such country to be
the manner commonly in use in that country for the
certification of copies of judicial records.
86. The Court may presume that any book to
which it may refer for information on matters of
public or general interest, and that any published
map or chart, the statements of which are relevant
facts, and which is produced for its inspection, was
written and published by the person, and at the time
6
81
Presumption as to
powers-of-attorney.
Presumption as to
certified copies of
foreign judicial
records.
Presumption as to
books, maps and
charts.
Laws of the Uganda Protectorate. [Cuap, 2.
Presumption as to
telegraphic
messages.
Presumption as to
due execution, &c.,
of documents not
produced.
Presumption as to
documents thirty
years old.
and place, by whom or at which it purports to have
been written or published.
87. The Court may presume that a message, for-
warded from a telegraph office to the person to whom
such message purports to be addressed, corresponds
with a message delivered for transmission at the office
from which the message purports to be sent ; but the
Court shall not make any presumption as to the
person by whom such message was delivered for
transmission.
88. The Court shall presume that every docu-
ment, called for and not produced after notice to
produce, was attested, stamped, and executed in the:
manner required by law.
89. When any document, purporting or proved
to be thirty years old, is produced from any custody
which the Court in the particular case considers
proper, the Court may presume that the signature and
every other part of such document, which purports to
be in the handwriting of any particular person, is in
that person’s handwriting, and, in the case of a
document executed or attested, that it was duly
executed and attested, by the persons by whom it
purports to be executed and attested.
EXpLANATION.—Documents are said to be in
proper custody if they are in the place in which,
and under the care of the person with whom,
they would naturally be; but no custody is
improper if it is proved to have had a legiti-
mate origin, or if the circumstances of the par-
ticular case are such as to render such an origin
probable.
This explanation applies also to section 79.
Illustrations.
(a) A has been in possession of landed property for a long
time. He produces from his custody deeds relating to the land,
showing his titles to it. The custody is proper.
(b) A produces deeds relating to landed property of which he
is the mortgagee. The mortgagor is in possession. The custody is
proper.
(c) A, a connection of B, produces deeds relating to lands in
B’s possession, which were deposited with him by B for safe custody.
The custody is proper.
Cuap. 2.] Evidence.
83
CuHapter VI.
OF THE EXcLusIon oF ORAL BY DOCUMENTARY
EVIDENCE.
90. When the terms of a contract, or of a grant,
or of any other disposition of property, have been
reduced to the form ot a document, and in all cases
in which any matter is required by law to be reduced
to the form of a document, no evidence save as men-
tioned in Section 78 shall be given in proof of the
terms of such contract, grant or other disposition of
property, or of such matter, except the document
itself, or secondary evidence of its contents in cases
in which secondary evidence is admissible under the
provisions hereinbefore contained.
Exceprion 1.—When a public officer is required
by law to be appointed in writing, and when it is
shown that any particular person has acted as such
officer, the writing by which he is appointed need not
be proved.
Exception 2.—Wills admitted to probate in
Uganda may be proved by the probate.
EXPLANATION 1.— This section applies equally
to cases in which the contracts, grants or dis-
positions of property referred to are contained in
one document, and to cases in which they are
contained in more documents than one.
EXPLANATION 2.—Where there are more
originals than one, one original only need be
proved.
EXPLANATION 3.—The statement, in any
document whatever, of a fact other than the
facts referred to in this section, shall not preclude
the admission of oral evidence as to the same
fact.
Illustrations.
(a) If a contract be contained in several letters, all the letters
in which it is contained must be proved.
(®) 1£ a contract is contained in a bill of exchange, the bill of
exchange must be proved.
(ec) If a bill of exchange is drawn in a set of three, one only
need be proved.
(d) A contracts, in writing, with B, for the delivery of indigo
upon certain terms ; the contract mentions the fact that B had paid
A the price of other indigo contracted for verbally on another
occasion.
64
Rvidence of terms
of contracts, grants,
and other disposi-
tions of property
reduced to form of
document,
Laws of the Uganda Protectorate. [Cuap. 2.
Oral evidence is offered that no payment was made for the
other indigo. The evidence is admissible.
(e) A gives B a receipt for money paid by B.
Oral evidence is offered of the payment.
The evidence is admissible.
91. When the terms of any such contract, grant
or other disposition of property, or any matter
required by law to be reduced to the form of a docu-
ment, have been proved according to the last section,
no evidence of any oral agreement or statement shall
be admitted, as between the parties to any such in-
strument or their representatives in interest, for the
purpose of contradicting, varying, adding to, or sub-
tracting from its terms :
Proviso (1).—Any fact may be proved which
would invalidate any document, or which would
entitle any person to any decree or order relating
thereto; such as fraud, intimidation, illegality, want
of due execution, want of capacity in any contracting
party, want or failure of consideration, or mistake in
fact or law.
Proviso (2).--The existence of any separate
oral agreement as to any matter on which a document
is silent, and which is not inconsistent with its terms,
may be proved. In considering whether or not this
proviso applies, the Court shall have regard to the
degree of formality of the document.
Proviso (3).—The existence of any separate oral
agreement, constituting a condition precedent to the
attaching of any obligation under any such contract,
grant or disposition of property, may be proved.
Proviso (4).—The existence of any distinct
subsequent oral agreement to rescind or modify any
such contract, grant or disposition of property, may
be proved, except in cases in which such contract,
grant or disposition of property is by law required to
be in writing or has been registered according to the
law in force for the time being as to the registration
of documents.
Proviso (5).— Any usage or custom by which
incidents not expressly mentioned in any contract are
usually annexed to contracts of that description may
be proved :
Provided that the annexing of such incident
would not be repugnant to, or inconsistent with, the
express terms of the contract.
CHap. 2.] Evidence.
85
Proviso (6).--Any fact may be proved which
shows in what manner the language of a document
is related to existing facts.
Illustrations.
(a) A policy of insurance is effected on goods “in ships from
Mombasa to London.” The goods are shipped in a particular ship
which is lost. The fact that the particular ship was orally excepted
from the policy cannot be proved.
(b) A agrees absolutely in writing to pay B Rs. 1,000 on the
Ist March, 1909. The fact that, at the same time, an oral agree-
ment was made that the money should not be paid until the
31st March cannot be proved.
(c) An estate called “‘ The Masindi Rubber Estate” is sold by
a deed which contains a map of the property sold. The fact that
land not included in the map had always been regarded as part of
the estate and was meant to pass by the deed cannot be proved.
(d) A enters into a written contract with B to work certain
mines, the property of B, upon certain terms. A was induced todo
so by a misrepresentation of B as to their value. This fact may be
proved.
(e) A institutes a suit against B for the specific performance
of a contract, and also prays that the contract may be rectified as
to one of its provisions, as that provision was inserted in it by
mistake. A may prove that such a mistake was made as would by
law entitle him to have the contract rectified.
(f) A orders goods of B by a letter in which nothing is said
as to the time of payment, and accepts the goods on delivery. B
sues A for the price. A may show that the goods were supplied on
credit for a term still unexpired.
(g) A sells Ba horse and verbally warrants him sound. A
gives B a paper in these words: ‘“ Bought of A a horse for
Rs. 500.” B may prove the verbal warranty.
(A) A hires lodgings of B, and gives B a card on which is
written—‘‘ Rooms, Rs. 200 a month.” A may prove a verbal
agreement that these terms were to include partial board.
A hires lodgings of B for a year, and a regularly stamped
agreement, drawn up by an attorney, is made between them. It is
silent on the subject of board. A may not prove that board was
included in the term verbally.
(i) A applies to B for a debt due to A by sending a receipt for
the money. B keeps the receipt and does not send the money. In
a suit for the amount A may prove this.
(j) A and B make a contract in writing to take effect} upon
the happening of a certain contingency. The writing is left--with
B, who sues A upon it. A may show the circumstances under
which it was delivered.
92. When the language used in a document is,
on its face, ambiguous or defective, evidence may not
be given of facts which would show its meaning or
supply its defects.
Exclusion of
evidence to explain
or amend ambiguous
document.
86
Laws of the Uganda Protectorate. [Cuap. 2.
Exclusion of
evideoce against
application of
document to
existing facts.
Evidence as to
document
unmeaning in
reference to
existins acts.
Evidence as to
application of
language which can
apply to one only of
several persous.
Evidence as to
wpplication of
language tu one of
two sets of facts, to
neither of which
the whole correctly
applies.
Illustrations.
(a) A agrees, in writing, to sell a horse to B for Rs. 1,000 or
Rs. 1,500.
Evidence cannot be given to show which price was to be given
(0) A deed contains blanks. Evidence cannot be given of
facts which would show how they were meant to be filled.
93. When language used in a document is plain
in itself, and when it applies accurately to existing
facts, evidence may not be given to show that it
was not meant to apply to such facts.
Illustration.
A sells to B, by deed, “my estate at Kampala containing
100 acres.” A has an estate at Kampala containing 100 acres.
Evidence may not be given of the fact that the estate meant to be
sold was one situated at a different place and of a different size.
94. When language used in a document is plain
in itself, but is unmeaning in reference to existing
facts, evidence may be given to show that it was used
in a peculiar sense.
Illustration,
A sells to B, by deed, ‘“‘ my house in Kampala.”
A had no house in Kampala, but it appears that he had a
house at Entebbe, of which B had-been in possession since the
execution of the deed.
These facts may be proved to show that the deed related to the
house at Entebbe.
95. When the facts are such that the language
used might have been meant to apply to any one,
and could not have been meant to apply to more than
one, of several persons or things, evidence may be
given of tacts which show which of those persons
or things it was intended to apply to.
Lllustrations.
(a) A agrees to sell to B, for Rs. 1,000 ‘ my white horse.” A
has two white horses. Evidence may be given of facts which show
which of them was meant.
(b) A agrees to accompany B to Mbale. Evidence may be
given of facts showing whether Mbale in Buganda or Mbale in
Bukedi was meant.
96. When the language used applies partly to
one set of existing facts, and partly to another set
of existing facts, but the whole of it does not apply
correctly to either, evidence may be given to show
to which of the two it was meant to apply.
Lllustration.
A agrees to sell to B “my land at X in the occupation of Y.”
A has land at X, but not in the occupation of -Y, and he has land
Cap. 2.] Evidence.
87
in the occupation of Y, but it is not at X. Evidence may be given
of facts showing which he meant to sell.
97. Evidence may be given to show the meaning
of illegible or not commonly intelligible characters,
of foreign, obsolete, technical, local and provincial
expressions, of abbreviations and of words used in
a peculiar sense.
IMustration.
A has both
Evidence may be given to show which
A, a sculptor, agrees to sell to B, “all my mods.”
models and modelling tools.
he meant to sell.
98. Persons who are not parties to a document,
or their representatives in interest, may give
evidence of any facts tending to show a con-
temporaneous agreement varying the terms of the
document.
Illustration.
A and B make a contract in writing that B shall sell A certain
cotton, to be paid for on delivery. At the same time they make an
oral agreement that three months’ credit shall be given to A. This
could not be shown as between A and B, but it might be shown by
C, if it affected his interests.
99. Nothing in this chapter contained shall be
taken to affect any of the provisions of the Uganda
Suecession Ordinance, 1906, as to the construction
of wills.
PART IIL.
PRoDUCTION AND EFFECT OF EVIDENCE.
Cuapter VII.
Or THE BURDEN OF PROOF.
100. Whoever desires any Court to give judg-
ment as to any legal right or liability dependent on
the existence of facts which he asserts must prove
that those facts exist.
When a person is bound to prove the existence
of any fact, it is said that the burden of proof lies
on that person.
Illustrations.
(a) A desires a court to give judgment that B shall be punished
for a crime which A says B has committed.
A must prove that B has committed the crime.
Evidence as to
meaning of illegible
characters, &c.
Who may give
evidence of
agreement varying
terms of document
Saving of provision
of Uganda.
Succession Ordi-
nance relating to
wills.
Burden of proof.
88
Laws of the Uganda Protectorate. [CHap. 2.
On whom burden
of proof lies.
Burden of proof as
to particular fact.
Burden of proving
fact to be proved to
make evidence
admissible.
Burden of proving
that case of uccused
comes within
exceptions.
(b) A desires a Court to give judgment that he is entitled to
certain land in the possession of B, by reason of facts which he
asserts, and which B denies, to be true.
A must prove the existence of those facts.
101. The burden of proof in a suit or proceed-
ing lies on that person who would fail if no
evidence at all were given on either side.
Illustrations.
(a) A sues B for land of which B is in possession, and which,
as A asseris, was left to A by the will of C, B’s father.
If no evidence were given on either side, B would be entitled
to retain his possession.
Therefore the burden of proof is on A.
(6) A sues B for money due on a bond.
The execution of the bond is admitted, but B says that it was
obtained by fraud, which A denies.
If no evidence were given on either side, A would succeed, as
whe bond is not disputed and the fraud is not proved.
Therefore the burden of proof is on B.
102. The burden of proof as to any particular
fact lies on that person who wishes the Court to
believe in its existence, unless it is provided by any
law that the proof of that fact shall lie on any
particular person.
Illustration.
A prosecutes B for theft, and wishes the Court to believe that
B admitted the theft to C. A must prove the admission.
B wishes the Court to believe that, at the time in question, he
was elsewhere. He must prove it.
103. The burden of proving any fact necessary
to be proved in order to enable any person to give
evidence of any other fact is on the person who wishes
to give such evidence.
Illustrations.
(a) A wishes to prove a dying declaration by B. A must
prove B’s death.
(6) A wishes to prove, by secondary evidence, the contents of
a lost document.
A must prove that the document has been lost.
104. When a person is accused of any offence,
the burden of proving the existence of circumstances
bringing the case within any of the General Excep-
tions in The Penal Code, or within any special
exception or proviso contained in any other part of
the same Code, or in any law defining the offence
Crap. 2.] Evidence.
89
is upon him, and the Court shall presume the
absence of such circumstances.
Illustrations.
(a) A, accused of murder, alleges that, by reason of unsound-
ness of mind, he did not know the nature of the act.
The burden of proof is on A.
(6) A, accused of murder, alleges that, by grave and sudden
provocation, he was deprived of the power of self-control.
The burden of proof is on A.
(c) Section 325 of the Penal Code provides that whoever,
except in the case provided for by Section 335, voluntarily causes
grievous hurt, shall be subject to certain punishments.
A is charged with voluntarily causing grievous hurt under
Section 325
The burden of proving the circumstances bringing the case under
Section 335 lies on A. :
105. When any fact is especially within the
knowledge of any person, the burden of proving that
fact is on him.
Illustrations,
a) When a person does an act with some intention other than
that which the character and circumstances of the act suggest, the
burden of proving that intention is on him.
(6) Ais charged with travelling on a railway without a ticket.
The burden of proving that he had a ticket is on him.
106. When the question is whether a man is
alive or dead, and it is shown that he was alive within
thirty years, the burden of proving that he is dead is
on the person who affirms it.
107. Provided that when the question is whether
a man is alive or dead, and it is proved that he has
not been heard of for seven years by those who
would naturally have heard of him if he had been
alive, the burden of proving that he is alive is
shifted to the person who affirms it.
108. When the question is whether persons are
partners, landlord and tenant, or principal and agent,
and it has been shown that they have been acting as
such, the burden of proving that they do not stand
or have ceased to stand, to each other in those
relationships respectively, is on the person who affirms
it.
109. When the question is whether any person
is owner of anything of which he is shown to be in
possession, the burden of proving that he is not the
Burden of proving
fact especially
within knowledge.
Burden of proving
death of person
known to have been
alive within thirty
years.
Burden of proving
that person is alive
who has not been
heard of for seven
years.
Burden of proof as
to relationship in
the cases of
partners, landlord
and tenant,
principal and agent.
Burden of proof as
to ownership.
90
Laws of the Uganda Protectorate. [CuHap. 2.
Proof of good faith
in transactions
where one party is
in relation of active
confidence.
Birth during
marriage conclusive
proof of legitimacy.
Court may presume
existence of certain
facts.
owner is on the person who affirms that he is not the
owner.
110. Where there is a question as to the good
faith of a transaction between parties, one of whom
stands to the other in a position of active confidence,
the burden of proving the good faith of the trans-
action is on the party who is in a position of
active confidence.
Illustrations.
(a) The good faith of a sale by a client to an attorney is in
question in a suit brought by the client.
The burden of proving the good faith of the transaction is on the
attorney.
(b) The good faith of a sale by a son just come of age toa father
is in question in a suit brought by the son., The burden of proving
the good faith of the transaction is on the father.
111. The fact that any person was born during
the continuance of a valid marriage between his
mother and any man, or within two hundred and
eighty days after its dissolution, the mother remaining
unmarried, shall be conclusive proof that he is the
legitimate son of that man, unless it can be shown
that the parties to the marriage had no access to each
other at any time when he could have been begotten.
112. The Court may presume the existence of
any fact which it thinks likely to have happened,
regard being had to the common course of natural
events, human conduct and public and private busi-
ness, in their relation to the facts of the particular
case.
Ilustrations.
The Court may presume—
(a) That a man who is in possession of stolen goods soon after
the theft is either the thief or has received the goods knowing them
to be stolen, unless he can account for his possession ;
(6) That an accomplice is unworthy of credit, unless he is
corroborated in material particulars ;
(c) That a bill of exchange, accepted or endorsed, was ac-
cepted or endorsed for good consideration ;
(d) That a thing or state of things which has been shown to
be in existence within a period shorter than that within which such
things or state of things usually cease to exist, is still in existence ;
(e) That judicial and official acts have been regularly per-
formed ;
(7) That the common course of business has been followed in
particular cases ;
(g) That evidence which could be and is not produced would, ,
if produced, be unfavourable to the person who withholds it ;
Cuap. 2.] Evidence.
(kA) That, if a man refuses to answer a question which he is
not compelled to answer by law, the answer, if given, would be
unfavourable to him ;
i) That, when a document creating an obligation is in the
hands of the obligor, the obligation has been discharged ;
But the Court shall also have regard to such facts as the
following, in considering whether such maxims do or do not apply
to the particular case before it :—
As to illustration («)—A shopkeeper has in bis till a marked
rupee soon after it was stolen, and cannot account for its possession
specifically, but is continually receiving rupees in the course of his
business ;
As to illustration (b)—A, a person of the highest character, is
tried for causing a man’s death by an act of negligence in arranging
certain machinery. B, a person of equally good character, who also
took part in the arrangement, describes precisely what was done,
and admits and explains the common carelessness of A and himself ;
As to illustration (b)—A crime is committed by several persons.
A, B and C, three of the criminals, are captured on the spot and
kept apart from each other. Each gives an account of the crime
implicating D, and the accounts corroborate each other in Sanh a
manner as to render previous concert improbable.
As to illustration (c)—A, the drawer of a bill of exchange, was
a man of business. 3B, the acceptor, was a young and ignorant
person, completely under A’s influence ;
As to illustration (d)—Itis proved that a river ran in a certain
course five years ago, but it is known that there have been floods
since that time which might change its course ;
As to illustration (¢)—A judicial act, the regularity of which is
in question, was performed under exceptional circumstances ;
As to ilustration (f)—The question is whether a letter was
received, It is shown to have been posted, but the usual course of
the post was interrupted by disturbances ;
As to illustration (g)—A man refuses to produce a document
which would bear on a contract of small importance on which he is
sued, but which might also injure the feelings and reputation of
his family ;
As to illustration (h)—A man refuses to answer a question which
he is not compelled by law to answer, but the answer to it might
cause loss to him in matters unconnected with the matter in rela-
tion to which it is asked ;
As to illustration (1) —A bond is in possession of the obligor, but
the circumstances of the case are such that he may have stolen it.
CHapter VIII.
ESTOPPEL.
113. When one person has, by his declaration,
act or omission, intentionally caused or permitted
another person to believe a thing to be true and
to act upon such belief, neither he nor his representa-
Estoppel.
92
Laws of the Uganda Protectorate. [CHap. 2.
Estoppel of tenant.
Estoppel of acceptor
of bill of exchange,
bailee or licensee
Who may testify.
tive shall be allowed, in any suit or proceeding
between himself and such person or his representative,
to deny the truth of that thing.
Illustration.
A intentionally and falsely leads B to believe that certain land
belongs to A, and thereby induces B to buy and pay for it.
The land afterwards becomes the property of A, and A seeks
to set aside the sale on the ground that, at the time of the sale, he
had no title. He must not be allowed to prove his want of title.
114. No tenant of immoveable property, or
person claiming through such tenant, shall, during the
continuance of the tenancy, be permitted to deny that
the landlord of such tenant had, at the beginning of
the tenancy, a title to such immoveable property ; and
no person who came upon any immoveable property
by the licence of the person in possession thereof shall
during the continuance of such licence be permitted
to deny that such person had a title to such possession
at the time when such licence was given.
115. No acceptor of a bill of exchange shall be
permitted to deny that the drawer had authority to
draw such bill or to endorse it; nor shall any bailee
or licensee be permitted to deny that his bailor or
licensor had, at the time when the bailment or licence
commenced, authority to make such bailment or grant
such licence :
ExpLANaTiIon (1).—The acceptor of a bill of
exchange may deny that the bill was really
drawn by the person by whom it purports to
have been drawn.
ExrLaNATION (2).—If a bailee delivers the
goods bailed to a person other than the bailor, he
may prove that such person had a right to them
as against the bailor.
CHAPTER IX.
Or WITNESSES.
116. All persons shall be competent to testify
unless the Court considers that they are prevented
from understanding the questions put to them, or
from giving rational answers to those questions, by
tender years, extreme old age, disease, whether of
body or mind, or any other cause of the same kind.
Cuap. 2. | Evidence.
93
ExpLanation.—A lunatic is not incompetent
to testify, unless he is prevented by his lunacy
from understanding the questions put to him
and giving rational answers to them.
117. A witness who is unable to speak may give
his evidence in any other manner in which he can
make it intelligible, as by writing or by signs ; but
such writing must be written and the signs made in
open court. Evidence so given shall be deemed to be
oral evidence.
118. No Judge or Magistrate shall, except upon
the special order of some Court to which he is subor-
dinate, be compelled to answer any questions as to
his own conduct in Court as such Judge or Magistrate,
or as to anything which came to his knowledge in
Court as such Judge or Magistrate; but he may be
examined as to other matters which occurred in his
presence whilst he was so acting.
Illustrations.
(a) A, on his trial before the Court of Session, says that a
deposition was improperly taken by B, the Magistrate. B cannot
be compelled to answer questions as to this, except upon the special
order of a superior Court.
(6) A is accused before the Court of Session of having given
false evidence before B, a magistrate. B cannot be asked what A
said, except upon the special order of the superior Court.
(c) A is accused before the Court of Session of attempting to
murder a police-officer whilst on his trial before B, a Sessions Judge.
B may be examined as to what occurred.
119. A person charged with an offence either
solely or jointly with any other person shall not be
called as a witness except upon his own application,
and nothing in the Criminal Procedure Code shall
prevent a person so charged from giving evidence, but
nothing in this section shall affect the provisions of
that Code with regard to the examination of an
accused person, or any right of the person charged to
make a statement without being sworn or affirmed.
120. The fact that the person charged has been
called as a witness shall not of itself confer upon the
prosecution the right of reply
121. The wife or husband of a person charged
withan offence either solely or jointly with some other
person shall not, save in any enquiry or trial in which
such person might be called as a witness for the prose-
cution under the law of England for the time being in
Dumb witness.
Judge and
Magistrate.
Accused persons.
Right of reply.
Wives or hushands
94
Failure of accused
person, &c., to give
evidence.
Communications
during marriage.
Evidence as to
affairs of State.
Official “
communications.
Information as to
commission of
offence :.
Professional
communications.
Laws of the Uganda Protectorate. [CHap. 2.
force, be called as a witness except upon the applica-
tion of the person so charged.
122. The failure of any person charged with an
offence, or of the wife or husband, as the case may be,
of the person so charged, to give evidence shall not
be made the subject of any comment by the prosecu-
tion.
123. No person who is or has.been married shall
be compelled to disclose any communication made to
him during marriage by any person to whom he is or
has been married; nor shall he be permitted to
disclose any such communication, unless the person
who made it, or his representative in interest, consents,
except in suits between married persons, or proceed-
ings in which one married person is prosecuted for
any crime committed against the other.
124. No one shall be permitted to give any
evidence derived from unpublished official records
relating to any affairs of State, except with the per-
mission of the officer at the head of the department
concerned, who shall give or withhold such permission
as he thinks fit.
125. No public officer shall be compelled to
disclose communications made to him in official
confidence, when he considers that the public interests
would suffer by the disclosure.
126. No Magistrate or Police-officer shall be
compelled to say whence he got any information as to
the commission of any offence, and no Revenue-Officer
shall be compelled to say whence he got any informa-
tion as to the commission of any offence against the
public revenues.
EXxpLANATION.—“ Revenue-Officer” in this
section means any officer employed in or about
the business of any branch of the public revenue.
127. No barrister, attorney, pleader or vakil
shall at any time be permitted, unless with his client’s
express consent, to disclose any communication made
to him in the course and for the purpose of his
employment as such barrister, pleader, attorney or
vakil, by or on behalf of his client, or to staté the
contents or condition of any document with which he
has become acquainted in the course and for the
purpose of his professional employment, or to disclose
Cuap. 2.] Evidence.
any advice given by him to his client in the course and
for the purpose of such employment :
Provided that nothing in this section shall
protect from disclosure—
(1) Any such communication madein further-
ance of any illegal purpose ;
(2) Any fact observed by any barrister,
pleader, attorney, or vakil, in the course of his
employment as such, showing that any crime or
fraud has been committed since the commence-
ment of his employment.
It is immaterial whether the attention of such
barrister, pleader, attorney or vakil was or was not
directed to such fact by or on behalf of his client.
ExpLaNaTion.—The obligation stated in this
section continues after the employment has ceased.
Lilustrations.
(a) A, a client, says to B, an attorney—“ I have committed
forgery, and I wish you to defend me.”
As the defence of a man known to be guilty is not a criminal
purpose, this communication is protected from disclosure.
(6) A, a client, says to B, an attorney—“TI wish to obtain
possession of property by the use of a forged deed on which I request
you to sue.”
This communication, being made in furtherance of a criminal
purpose, is not protected from disclosure.
(c) A, being charged with embezzlement, retains B, an attorney,
to defend him. In the course of the proceedings, B observes that
an entry has been made in A’s account-book, charging A with the
sum said to have been embezzled, which entry was not in the book
at the commencement of his employment.
This being a fact observed by B in the course of his employ-
ment, showing that a fraud has been committed since the commence-
ment of the proceedings, it is not protected from disclosure.
128. The provisions of section 127 shall apply
to interpreters, and the clerks or servants of barristers,
pleaders, attorneys and vakils.
129. If any party to a suit gives evidence therein
at his own instance or otherwise, he shall not be
deemed to have consented thereby to such disclosure
as ig mentioned in section 127; and, if any party to
a suit or proceeding calls any such barrister, pleader,
attorney or vakil as a witness, he shall be deemed
to have consented to such disclosure only if he
questions such barrister, attorney or vakil on matters
95
Section 127 to apply
to interpreters, &c.
Privilege not waived
by volunteering
evidence.
96
Laws of the Uganda Protectorate. [Cuap. 2.
.
Confidential
communications
with legal advisers.
Production of title-
deeds of witness
not w party.
Production of
documents which
another person,
baving possession,
could refuse to
produce.
Witness not excused
from answering on
ground that answer
will criminate.
Proviso.
which, but for such question, he would not be at
liberty to disclose.
130. No one shall be compelled to disclose to the
Court any confidential communication which has
taken place between him and his legal professional
adviser, unless he offers himself as a witness, in which
‘case he may be compelled to disclose any such
communications as may appear to the Court necessary
to be known in order to explain any evidence which
he has given, but no others.
131. No witness who is not a party to a suit
shall be compelled to produce his title-deeds to any
pronerty or any document in virtue of which he holds
any property as pledgee or mortgagee, or any docu-
ment the production of which might tend to criminate
him, unless he has agreed in writing to produce them
with the person seeking the production of such deeds
or some person through whom he claims.
132. No one shall be compelled to produce
documents in his possession, which any other person
would be entitled to refuse to produce if they were in
his possession, unless such last-mentioned person
consents to their production.
133. A witness shall not be excused from
answering any question as to any matter relevant to
the matter in issue in any suit or in any civil or
criminal proceeding, upon the ground that the answer
to such question will criminate, or may tend directly
or indirectly to criminate, such witness, or that it will
expose, or tend directly or indirectly to expose, such
witness to a penalty or forfeiture of any kind, or that
it may establish or tend to establish that he owes a
debt or is otherwise subject to a civil suit.
Provided that no such answer, which a witness
shall be compelled to give, shall subject him to any
arrest or prosecution, or be proved against him in
any subsequent criminal proceeding, except a prose-
cution for giving false evidence by such answer.
EXPLANATION.—A person who is charged
with an offence who applies to be called as a
witness shall not be excused from answering any
question that may tend to criminate him as to
the offence charged.
Caap. 2.] Evidence.
97
134. An accomplice shall be a competent witness
against an accused person; and a conviction is not
illegal merely because it proceeds upon the uncorro-
borated testimony of an accomplice.
135. No particular number of witnesses shall
in any case be required for the proof of any fact.
CHAPTER X.
OF THE EXAMINATION OF WITNESSES.
136. The order in which witnesses are produced
and examined shall be regulated by the law and
practice for the time being relating to civil and
criminal procedure respectively, and, in the absence
of any such law, by the discretion of the Court.
137. When either party proposes to give evidence
of any fact, the Judge may ask the party proposing
to give the evidence in what manner the alleged fact,
if proved, would be relevant; and the Judge shall
admit the evidence if he thinks that the fact, if
proved, would be relevant, and not otherwise.
If the fact proposed to be proved is one of which
evidence is admissible only upon proof of some other
fact, such last-mentioned fact must be proved before
evidence is given of the fact first mentioned, unless
the party undertakes to give proof of such fact and
the Court is satisfied with such undertaking.
Tf the relevancy of one alleged fact depends
upon another alleged fact being first proved, the
Judge may, in his discretion, either permit evidence
of the first fact to be given before the second fact is
proved or require evidence to be given of the second
fact before evidence is given of the first fact.
Mlustrations.
(a) It is proposed to prove a statement about a relevant fact
by a person alleged to be dead, which statement is relevant under
section 30.
The fact that the person is dead must be proved by the person
proposing to prove the statement, before evidence is given of the
statement.
(6) It is proposed to prove, by a copy, the contents of a
document said to be lost.
The fact that the original is lost must be proved by the person
proposing to produce the copy, before the copy is produced,
7
Accomplice.
Number of
witnesses.
Order of production
and examination of
witnesses,
Judge to decide as
to admissibility of
evidence.
98
Laws of the Uyanda Protectorate. [Cuap. 2.
Fxamination-in-
chief.
Cross-examination.
Re-examination.
Order of
examinations.
Direction of |
rve-csamination,
Cross-examination
of person called to
produce a
document.
Witnesses to
character.
Leading questions.
When they must
not be asked.
(c) A is accused of receiving stolen property, knowing it to
have been stolen.
It is proposed to prove that he denied the possession of the
property.
The relevancy of the denial depends on the identity of the
property. The Court may, in its discretion, either require the
property to be identified before the denial of the possession is
proved, or permit the denial of possession to be proved before the
property is identified.
(d) It is proposed to prove a fact (A) which is said to have
been the cause or effect of a fact in issue. There are several
intermediate facts (B, C and D) which must be shown to exist
before the fact (A) can be regarded as the cause or effect of the fact
in issue. The Oourt may either permit A to be proved before
B, C or D is proved, or may require proof of B, C and D before
permitting proof of A.
138. The examination of a witness by the party
who calls him shall be called his examination-in-chief.
The examination of a witness by the adverse
party shall be called his cross-examination.
The examination of a witness, subsequent to the
cross-examination, by the party who called him, shall
be called his re-examination.
139. Witnesses shall be first examined-in-chief,
then (if the adverse party so desires) cross-examined,
then (if the party calling them so desires) re-examined.
The examination and cross-examination must
relate to relevant facts, but the cross-examination
need not be confined to the facts to which the witness
testified on his examination-in-chief.
The re-examination shall be directed to the
explanation of matters referred to in cross-examination ;
and, if new matter is, by permission of the Court,
introduced in re-examination, the adverse party may
further cross-examine upon that matter.
140. A person summoned to produce a document
does not become a witness by the mere fact that he
produces it, and cannot be cross-examined unless and
until he is called as a witness.
141. Witnesses to character
may be
examined and re-examined.
cross-
142. Any question suggesting the answer which
the person putting it wishes or expects to receive is
called a leading question.
143. Leading questions must not, if objected to
by the adverse party, be asked in an examination-in-
Cuap, 2.] Evidence.
99
chief, or in a re-examination, except with the per-
mission of the Court.
The Court shall, permit leading questions as to
matters which are introductory or undisputed, or
which have, in its opinion, been already sufficiently
proved.
144. Leading questions may he asked in cross-
examination.
145, Any witness may be asked, whilst under
examination, whether any contract, grant or other
disposition of property, as to which he is giving
evidence, was not contained in a document, and if he
says that it was, or if he is about to make any state-
ment as to the contents of any document, which, in
the opinion of the Court, ought to be produced, the
adverse party may object to such evidence being given
until such document is produced, or until facts have
been proved which entitle the party who called the
witness to give secondary evidence of it.
EXpLANATION.—A witness may give oral
evidence of statements made by other persons
about the contents of documents if such state-
ments are in themselves relevant facts.
Illustration.
The question is, whether A assaulted B.
C deposes that he heard A say to D—“B wrote a letter ac-
cusing me of theft, and I will be revenged on him.” This statement
is relevant, as showing A’s motive for the assault, and evidence may
‘be given of it, though no other evidence is given about the letter.
146. A witness may be cross-examined as to
previous statements made by him in writing or reduced
into writing, and relevant, to matters in question,
without such writing being shown to him, or being
proved ; but if it is intended to contradict him by the
writing, his attention must, before the writing can be
proved, be called to those parts of it which are to be
used for the purpose of contradicting him.
147. A person charged and called as a witness
shall not be asked, and if asked shall not be required
to answer, any question tending to show that he has
committed or been convicted of, or been charged with
any offence other than that wherewith he is then
charged, or is of bad character unless :—
(1.) The proof that he has committed or been
convicted of such offence is admissible evidence to
74
When they may he
asked.
Evidence as to
matters in writing.
Cross-examination
as to previous
statements in
writing.
When questions '
may be put to
accused persons to
show commission
of an offence not
charged.
100
Laws of the Uganda Protectorate. TCHAD: 2,
Questions lawful in
cross-examination.
When witness to be
compelled to
answer.
Court to decide
when questions
shall be asked and
when witness com:
pelled to answer.
show that he is guilty of the offence wherewith he is
then charged ; or
(2.) He has personally or by his advocate asked
questions of the witnesses for the prosecution with a
view to establishing his own good character or has
given evidence of his own good character, or the
nature or conduct of the defence is such as to involve
imputation on the character of the prosecutor or the
witnesses for the prosecution ; or
(3.) He has given evidence against any other
person charged with the same offence.
148. When a witness is cross-examined, he may,
in addition to the questions hereinbefore referred to,
be asked any questions which tend—
(1.) To test his veracity,
(2.) To discover who he is and what is his
position in life, or
(3.) To shake his credit, by injuring his
character, although the answer to such questions
might tend directly or indirectly to criminate
him, or might expose or tend directly or indirectly
to expose him to a penalty or forfeiture.
149. If any such question relates to a matter
relevant to the suit or proceeding, the provisions of
Section 133 shall apply thereto.
150. If any such question relates to a matter not
relevant to the suit or proceeding, except in so far as
it affects the credit of the witness by injuring his
character, the Court shall decide whether or not the
witness shall be compelled to answer it, and may, if
it thinks fit, warn the witness that he is not obliged
to answer it. In exercising its discretion, the Court
shall have regard to the following considerations :—
(1.) Such questions are proper if they are
of such a nature that the truth of the imputation
conveyed by them would seriously affect the
opinion of the Court as to the credibility of the
witness on the matter to which he testifies :
(2.) Such questions are improper if the
imputation which they convey relates to matters
so remote in time, or of sueh a character, that
the truth of the imputation would not affect, or
would affect in a slight degree, the opinion of
CuHap. 2.] Evidence. 101
the Court as to the credibility of the witness on
the matter to which he testifies :
(3.) Such questions are improper if there is
a great disproportion between the importance
of the imputation made against the witness’s
character and the importance of his evidence :
(4.) The Court may, if it sees fit, draw, from
the witness’s refusal to answer, the inference
that the answer if given would be unfavourable.
151. No such question as is referred to in Questions not to be
Section 150 ought to be asked, unless the person reasonable grounds.
asking it has reasonable grounds for thinking that
the imputation which it conveys is well founded.
Illustrations.
(a) A barrister is instructed by an attorney or vakil that an
important witness is a dakait. This is a reasonable ground for.
asking the witness whether he is a dakait.
(>) A pleader is informed by a person in Court that an impor-
tant witness is a dakait ; the informant, on being questioned by the
pleader, gives satisfactory reasons for his statement. This is a
reasonable ground for asking the witness whether he is a dakait.
(c) A witness, of whom nothing whatever is known, is asked
at random whother he is a dakait. There are here no reasanable
grounds for the question.
(d.) A witness, of whom nothing whatever is known, being
questioned as to his mode of life and means of living, gives unsatis-
factory answers. This may be a reasonable ground for asking him
if he is a dakait.
152. If the Court is of opinion that any such Procedurs of Court
question was asked without reasonable grounds, it bens asked without
may, if it was asked by any barrister, pleader, vakil
or attorney, report the circumstances of the case to
the High Court, or other authority to which such
barrister, pleader, vakil or attorney is subject in the
exercise of his profession.
153. The Court may forbid any question or Indecentana
7 Ses % x % scandalous
inquiries which it regards as indecent or scandalous, «estions
although such questions or inquiries may have some
bearing on the questions before the Court, unless they
relate to facts in issue, or to matters necessary to be
known in order to determine whether or not the facts
in issue existed.
154. The Court shall forbid any question which Questions intended
to insult or annoy.
appears to it to be intended to insult or annoy, or
which, though proper in itself, appears to the Court -+---
needlessly offensive in form, ae a
102
Luws of the Uganda Protectorate. fCuap. 2.
Exclusion of
evidence to contra-
clict answers to
questions testing
veracity.
Questiou by party
to his own witness.
Tmpeaching credit
of witness.
155. When a witness has been asked and has
answered any question which is relevant to the inquiry
only in so far as it tends to shake his credit by injuring
his character, no evidence shall be given to contradict
him ; but, if he answers falsely, he may afterwards
be charged with giving false evidence.
Exception 1.—If a witness is asked whether
he has been previously convicted of any crime,
and denies it, evidence may be given of his
previous conviction.
Exception 2.—If a witness is asked any
question tending to impeach his impartiality, and
answers it by denying the facts suggested, he
may be contradicted.
Lllustrations.
(a) A claim against an underwriter is resisted on the ground
of fraud.
The claimant is asked whether, in a former transaction, he had
not made a fraudulent claim. He denies it.
Evidence is offered to show that he did make such a claim.
The evidence is inadmissible.
(b) A witness is asked whether he was not dismissed from a
situation for dishonesty. He denies it.
Evidence is offered to show that he was dismissed for dishonesty.
The evidence is not admissible. :
(c) A affirms that on a certain day he saw B at Entebbe.
A is asked whether he himself was not on that day at Hoima.
He denies it.
Evidence is offered to show that A was on that day at Hoima.
The evidence is admissible, not as contradicting A on a fact
which affects his credit, but as contradicting the alleged fact that B
was seen on the day in question in Entebbe.
In each of these cases the witness might, if his denial was
false, be charged with giving false evidence.
(d) A is asked whether his family has not had a blood feud
with the family of B against whom he gives evidence.
He denies it. He may be contradicted on the ground that the
question tends to impeach his impartiality.
156. The Court may, in its discretion, permit the
person who calls a witness to put any questions to
him which might be put in cross-examination by the
adverse party.
157. The credit of a witness may be impeached
in the following ways by the adverse party, or, with
Cuap. 2.] Evidence.
103
the consent of the Court, by the party who calls
him :—
(1.) By the evidence of persons who testify
that they, from their knowledge of the witness,
believe him to be unworthy of credit ;
(2.) By proof that the witness has been
bribed, or has accepted the offer of a bribe, or
has received any other corrupt inducement to
give his evidence ;
(3.) By proof of former statements incon-
sistent with any part of his evidence which is
liable to be contradicted ;
(4.) When a man is prosecuted for rape or
an attempt to ravish, it may be shown that the
prosecutrix was of generally immoral character.
EXPLANATION.—A witness declaring another
witness to be unworthy of credit may not, upon
his examination-in-chief, give reasons for his
belief, but he may be asked his reasons in cross-
examination, and the answers which he gives
cannot be contradicted, though, if they are false,
he may afterwards be charged with giving false
evidence.
LMlustrations.
_ (a) A sues B for the price of goods sold and delivered to B. C
says that he delivered the goods to B.
Evidence is offered to show that, on a previous occasion, he
said that he had not delivered the goods to B.
The evidence is admissible.
(6) A is indicted for the murder of B.
C says that B, when dying, declared that A had given B the
wound of which he died.
Evidence is offered to show that, on a previous occasion, C
said that the wound was not given by A or in his presence.
*
The evidence is admissible.
158. When a witness whom it is intended to
corroborate gives evidence of any relevant fact, he
may be questioned as to any other circumstances
which he observed at or near to the time or place at
which such relevant fact occurred, if the Court is of
opinion that such circumstances, if proved, would
corroborate the testimony of the witness as to the
relevant fact which he testifies.
Evidence tending
to corroborate
evidence of relevant
fact admissible.
104
Laws of the Uganda Protectorate. [Cuap. 2.
Former statements
of witness may be
proved to corrobo-
rate later testimony
as to same fact.
What matters may
be proved in
connection with
proved statement
relevant under
Section 30 or 31.
Refreshing memory.
Wheu witness may
use copy of
document to refresh
memory.
Testimony to facts
stated in document
mentioned in
Section 161.
Illustration.
A, an accomplice, gives an account of a robbery in which he
took part. He describes various incidents unconnected with the
robbery which occurred on his way to and from the place where
it was committed. :
Independent evidence of these facts may be given in order to
corroborate his evidence as to the robbery itself.
159. In order to corroborate the testimony of a
witness, any former statement made by such witness
relating to the same fact, at or about the time when
the fact took place, or before any authority legally
competent to investigate the fact, may be proved.
Lilustration.
A former statement made by a witness to a tribal chief may
be used to corroborate the testimony of such witness.
160. Whenever any statement, relevant under
section 30 or 31, is proved, all matters may be proved
either in order to contradict or to corroborate it, or in
order to impeach or confirm the credit of the person
by whom it was made, which might have been proved
if that person had been called as a witness and had
denied upon cross-examination the truth of the matter
suggested.
161. A witness may, while under examivation,
refresh his memory by referring to any writing made
by himself at the time of the transaction concerning
which he is questioned, or so soon afterwards that the
Court considers it likely that the transaction was
at that time fresh in his memory.
The witness may also refer to any such writing
made by any otber person, and read by the witness
within the time aforesaid, if when he read it he knew
it to be correct.
Whenever a witness may refresh his memory by
reference to any document, he may, with the permis-
sion of the Court, refer to a copy of such document :
provided the Court be’ satisfied that there is sufficient
reason for the non-production of the original.
An expert may refresh his memory by reference
to professional treatises.
162. A witness may also testify to facts mentioned
in any such document as is mentioned in section 161,
although he has no specific recollection of the facts
themselves, if he is sure that the facts were correctly.
recorded in the document.
Cuap. 2.] Evidence.
105
Lllustration.
A book-keeper may testify to facts recorded by him in books
regularly kept in the course of business, if he knows that the
books were correctly kept, although he bas forgotten the particular
transactions entered.
163. Subject to the provisions of The Criminal
Procedure Code, or any other law to the contrary, any
writing referred to under the provisions of the two
last preceding sections must be produced and shown
to the adverse party if he requires it ; such party
may, if he pleases, cross-examine the witness there-
upon.
164. A witness summoned to produce a document,
shall, if it is in his possession or power, bring it to
Court, notwithstanding any objection which there
may be to its production or to its admissibility. The
validity of any such objection shall be decided on by
the Court.
The Court, if it sees fit, may inspect the document,
unless it refers to matters of State, or take other
evidence to enable it to determine on its admissibility.
If for such a purpose it is necessary to cause any
document to be translated, the Court may, ifit thinks
fit, direct the translator to keep the contents secret,
unless the document is to be given in evidence ; and
if the interpreter disobeys such direction, he shall be
held to have committed an offence under section 166
of The Penal Code.
165. When a party calls for a document which
he has given the other party notice to produce, and
such document is produced and inspected by the
party calling for its production, he is bound to give
it as evidence if the party producing it requires him
to do so.
166. When a party refuses to produce a docu-
ment which he has had notice to produce, he cannot
afterwards use the document as evidence without the
consent of the other party or the order of the Court.
Illustration.
A sues B on an agreement and gives B notice to produce it.
At the trial A calls for the document and B refuses to produce it.
A gives secondary evidence of its coutents. B seeks to produce
the document itself to contradict the secondary evidence given by
A, or in order to show that the-agreement is not stamped. He
cannot do so.
Right of adverse
party ay to writing
used to refresh
memory.
Production of
documents
Translation of
documents.
Giving, as evideuce,
of document called
for and produced
on notice.
Using, as evidence,
of document
production of which
was refused on
notice.
106
Laws of the Uganda Protectorate. [Cuap. 2.
Judge’s power to
put questions or
order production.
Power of jury or
assessors to put
questions.
No new trial for
improper admission
or rejection of
evidence.
167. The Judge may, in order to discover or to
obtain proper proof of relevant facts, ask any
question he pleases, in any form, at any time, of any
witness, or of the parties about any fact relevant or
irrelevant ; and may order the production of any
document or thing; and neither the parties nor their
agents shall be entitled tomake any objection to any
such question or order, nor, without the leave of the
Court, to cross-examine any witness upon any answer
given in reply to any such question.
Provided that the judgment must be based upon
facts declared by this Ordinance to be relevant, and
duly proved :
Provided also that this section shall not authorise
any judge to compel any witness to answer any
question, or to produce any document which such
witness would be entitled to refuse to answer or
produce under sections 118 to 132, both inclusive, if
the question were asked or the document were called
for by the adverse party ; nor shall the Judge ask
any question which it would be improper for any
other person to ask under section 150 or 151; nor
shall he dispense with primary evidence of any
document, except in the cases hereinbefore excepted.
168. In cases tried by jury or with assessors, the
jury or assessors may put any questions to the witness,
through or by leave of the Judge, which the Judge
himself might put and which he considers proper.
CHAPTER XI.
Or Improper ADMISSION AND REJECTION
OF EVIDENCE.
169. The improper admission or rejection of
evidence shall not be ground of itself for a new trial,
or reversal of any decision in any case, if it shall
appear to the Court before which such objection is
raised that, independently of the evidence objected to
and admitted, there was sufficient evidence to justify
the decision, or that, if the rejected evidence had been
received, it ought not to have varied the decision.
Cuap. 2.] . Evidence. 107
CuHaptTer XII.
SAVINGS AND REPEAL.
170. Nothing in this Ordinance shall affect the savings.
provisions of Chapters XL and XLI of the Code of
Criminal Procedure.
171. The Authentication of Signatures to Docu- Repeal.
ments Ordinance, 1907, is hereby repealed.
ENTEBBE, H. HESKETH BELL,
‘ 16TH JanuARY, 1909. Governor.
RULES,
Rules made by His Majesty’s High Court of Uganda under Article 22 of
The Uganda Order in Council, 1902.
1. These Rules may be cited as “The Foreign Tribunals Evidence Rules,
1908,”
2. Where under The Foreign Tribunals Evidence Act, 1856, or The Fugitive
Criminals Surrender Ordinance, 1908, Section 16, any civil or commercial matter or
any criminal matter, is pending before a Court or Tribunal of a foreign country and
it is made to appear to a Judge of the High Court, by Commission Rogatoire, or
Letter of Request, or other evidence as hereinafter provided, that such Court or
Tribunal is desirous of obtaining the testimony in relation to such matter of any
witness or witnesses within the jurisdiction, the Judge may, on the ex parte applica-
tion of any person shown to be duly authorised to make the application on behalf of
such foreign Court or Tribunal, and on production of the Commission Rogatoire, or
Letter of Request, or of a certificate signed in the manner, and certifying to the
effect mentioned in Section 2 of The Foreign Tribunals Evidence Act, 1856, or such
other evidence as the Court or a Judge may require, make such order or orders as
may be necessary to give effect to the intention of the Acts above mentioned in con-
formity with Section 1 of the said Foreign Tribunals Evidence Act, 1856.
3, An order made under the last preceding Rule shall be in Form numbered 1
in the Schedule to these Rules, with such variations as circumstances may require.
4. The examination may be ordered to be taken before any fit and proper
person nominated by the person applying, or any qualified person as to the Judge
may seem fit.
5. Unless otherwise provided in the order for examination, the Examiner before
whom the examination is taken shall, on its completion, forward the same to the
_ Registrar of H.M. High Court of Uganda, and on receipt thereof the Registrar shall
append thereto a certificate, in Form numbered 2 in the Schedule to these Rules,
with such variations as circumstances may require, duly sealed with the seal of the
High Court, and shall forward the depositions so certified, and the Commission
Rogatoire or Letter of Request, if any, to the Governor, for transmission to the Foreign
Court or Tribunal requiring the same.
6. An order made under Rule 2 of these Rules may, if the Judge shall think fit,
direct the said examination to be taken in such manner as may he requested by the
108 Laws of the Uganda Protectorate. [CHap. 2.
Commission Rogatoire or Letter of Request from the Foreign Court, or therein
signified to be in accordance with the practice or requirements of such Court or
Tribunal, or which may, for the same reason, be requested by the applicant for such
Order. But in the absence of any such special directions being given in the Order
for examination the same shall be taken in the manner prescribed for the taking of
evidence before the Courts in Uganda.
7. Rules 2 to 6 of this Order shall apply, as far as may be, to applications under
The Evidence by Commission Act, 1859 (22 Vict. c. 20), for the purpose of giving
effect to any Commission or Letter of Request from any British Tribunal out of the
jurisdiction, except that in such cases the depositions certified as above provided and
Letter of Request, if any, shall in the case of the countries to which the Judgments
Extension Ordinance applies be forwarded by the Registrar to the Court from which
the Commission or Letter of Request emanated.
8. Where a Commission Rogatoire, or Letter of Request, as mentioned in Rule 2
of these Rules, is transmitted to the High Court by the Governor with an intimation
that it is desirable that effect should be given to the same without requiring an
application to be made to the Court by the agents in Uganda of any of the parties
to the action or matter in the foreign country, the Registrar shall transmit the
same to the Crown Advocate, who may thereupon, with the consent. of the
Governor, make such applications and take such steps as may be necessary to give
effect to such Commission Rogatoire, or Letter of Request, in accordance with
Rules 2 to 6 hereof.
ENTEBBE, G. F. M. ENNIS,
~ 19th June, 1908. Principal Judy.
APPROVED :
H. HESKETH BELL,
Governor.
SCHEDULE.
Form 1.
Order under The Foreign Tribunals Evidence Act, 1856.
In His Majesty’s High Court of Uganda.
In the matter of The Foreign Tribunals Evidence Act, 1856
(19 and 20 Vict. c, 113),
And in the matter of a (Civil or Commercial or Criminal) pro-
(a) Description of Geeding, now pending before (a)
Koreign ‘Tribunal. instituted as follows :—
Between
Plaintiff,
and
Defendant.
Upon reading the affidavit (if any) of
. Se ouuabn of iis ; . - filed the : day of
Ambassador, ; Gian ae ee eee
Minister, Diplomatic 190 , and the certificate of (b)
peeal or Consul of
‘the Foreign eqs i o
Country... that, proceedings are pending in the (a) _
Crap. 2.] Evidence.
109
in (c) and that
such Court is desirous of obtaining the testimony of (d)
It is ordered that the said witness
do attend before (e)
who is hereby appointed examiner herein, at (/)
on the day of
190 » at o'clock, or such other day or time as the
said examiner may appoint, and do there submit to be examined
upon oath, or affirmation, touching the testimony so required as
aforesaid, and do then and there produce (9)
And it is further ordered that the said examiner do take down
in writing the evidence of the said witness, or witnesses, according
to the practice of His Majesty’s High Court of Uganda pertaining
to the examination and cross-examination of witnesses (or as may
be otherwise directed) ; and do cause each and every such witness to
sign his or her depositions in his, the said examiner’s, presence ; and
do sign the depositions taken in pursuance of this order, and when
so completed, do transmit the same, together with this order, to the
Registrar of His Majesty’s High Court of Uganda, for transmission
to the President of the said tribunal desiring the evidence of such
witness or witnesses.
Dated this day of 190
Certificate under The Foreign Tribunals Evidence Act, 1856.
I,
hereby certify that the documents annexed hereto are (1) the
original order of His Majesty’s High Court of Uganda dated the
day of 190 made in the matter
of
pending in the at
in the of
directing the examination of certain witnesses to be taken before
and (2) the examination and depositions taken by the said
: ‘ pursuant
to the said order, and duly signed and completed by him on the
day of 190 3
Dated this day of 190
{) Name of Foreign
ountry.
(d) Names of
witnesses.
(e) Name and
address of examiner.
(f) Place appointed
for examination.
(g) Description of
documents, if any,
required to be
produced.
110
Laws of the Uganda Protectorate. [Cuap. 3.
CHAPTER III.
OATHS.
No. 6 of 1907. The Uganda Oaths Ordinance, 1907.
Short Title.
Authority to
administer oaths
and affirmations.
Persons by whom
oaths or atirmations
must be made,
No. 6 of 1907.
OATHS.
1. This Ordinance may be cited as “ The Uganda
Oaths Ordinance, 1907.”
2. (a) All Courts and persons having by law or
consent, of parties authority to receive evidence are
authorised to administer, by themselves or by an
officer empowered by them in this behalf, oaths and
affirmations in discharge of their duties, or in exercise
of the powers imposed or conferred upon them re-
spectively by law.
(b) Upon the application of the High Court the
Governor may by notice authorise any person, either
personally or by the name of his office, to administer
oaths and affirmations for certain purposes which.
shall be specified in the notice.
3. Oaths and affirmations shall be made by the
following persons :—
(7) All witnesses, that is to say, all persons
who may lawfully be examined, or give, or be
required to give, evidence by or before any Court
or person having by law or consent of parties
authority to-examine such persons or to receive
evidence.
(>) Interpreters of questions put to, and
evidence given by, witnesses ; and
(c) Jurors (if any).
Cuar. 3.] Oaths.
111
..» Nothing herein contained shall render it necessary
to administer to the official interpreter of any Court,
after he has entered on the execution of the duties of
his office, an oath or affirmation that he will faithfully
discharge those duties. .
4. Where the witness, interpreter or juror is a
Hindu, or a Mahomedan, or a native of Africa having
no form of religious belief, or is a person who has an
objection to making an oath, he shall, instead of
making an oath, make an affirmation; provided
always that a native of Africa, who is not a Christian
or a Mahomedan shall, if the Court directs, take such
an oath as is common amongst or held binding by
persons of his tribe, if it be not repugnant to justice
or morality, and do not purport to affect any third
person. In every other case the witness, interpreter,
or juror shall make an oath.
5. All oaths and affirmations made under
Section 3 shall be administered according to such
forms as the High Court may from time to time by
rule prescribe.
6. If any party to, or witness in, any judicial
proceeding offers to give evidence on oath or solemn
affirmation in any form common amongst, or held
binding by, persons of the race or persuasion to which
he belongs, and not repugnant to justice or decency,
and not purporting to affect any third person, the
Court may, if it thinks fit, notwithstanding anything
hereinbefore contained, tender such oath or affirmation
to him.
7. If any party to any judicial proceeding offers
to be bound by any such oath or solemn affirmation
as is mentioned in Section 6, if such oath or affirma-
tion is made by the other party to, or by any witness
in, such proceeding, the Court may, if it thinks fit,
ask such party or witness, or cause him to be asked,
whether or not he will make the oath or affirmation :
Provided that no party or witness shall be com-
pelled to attend personally in court solely for the
purpose of answering such question.
8. If such party or witness agrees to make such
oath or affirmation, the Court may proceed to
administer it ; if it is of such a nature that it may be
more conveniently made out of Court, the Court may
Affirmation may be
made in lieu of oath
by certain persons.
Forms of oaths and
affirmations.
Power of Court to
tender certain vaths.
Oaths proposed by
opposite party,
procedure on.
Administration of
such oath,
112 Laws of the Uganda Protectorate. [CHap. 3.
issue a commission to any person to administer it, and
authorise him to take the evidence of the person to
be sworn or affirmed and return it to the Court.
Effect of such oath, 9. The evidence so given shall, as against the
Procedure in case of
refusal to make such
oath
Effect of
irregularities.
Obligation to state
truth.
Amendment of
Penal Code.
Saving.
person who offered to be bound as aforesaid, be con-
clusive proof of the matter stated.
10. If the party or witness refuses to make the
oath or solemn affirmation referred to in Section 6,
he shall not be compelled to make it, but the Court
shall record, as part of the proceedings, the nature of
the oath or affirmation proposed, the facts that he was
asked whether he would make it, and that he refused
it, together with any reason which he may assign for
his refusal.
11. No omission to take any oath or make any
affirmation, no substitution of any one for any other
of them, and no irregularity whatever, in the form in
which any one of them is administered, shall invalidate
any proceeding or render inadmissible any evidence
whatever, in or in respect of which such omission,
substitution or irregularity took place, or shall affect
the obligation of a witness to state the truth.
12. Every person giving evidence on any subject
before any Court or person hereby authorised to
administer oaths and affirmations shall be beund to
state the truth on such subject.
13. The Indian Penal Code, Sections 178 and
181, shall be construed as if, after the word “ oath,”
the words “ or affirmation ” were inserted.
14. Nothing herein contained applies to pro-
ceedings before Courts-Martial.
H. HESKETH BELL,
Governor.
ENTEBBE,
28TH NOVEMBER, 1907.
Crap. 3.] Oaths. 113
RULES.
Mapr sy tHe HieH Court unpDER Section 5 or Tue Uaanpa Oatus ORDINANCE,
1907, and ArticLe 22 or THe UGanpa Orper IN CounciL, 1902.
The following forms are hereby prescribed for use under Section 3 of The Uganda
Oaths Ordinance, 1907, in cases in which they are applicable.
When an oath is administered the witness or interpreter shall be required to
take the Bible in his hand, and to repeat the words “So help me God,” at the same
time kissing the book.
(i.) For a witness.
Form or Oata.
The evidence which you shall give touching the matter now before the Court
shall be the truth, the whole truth, and nothing but the truth—So help you God.
Form oF AFFIRMATION.
I solemnly affirm that what I shall state shall be the truth, the whole truth, and
nothing but the truth.
(ii.) For an interpreter.
Form oF OATH.
You shall true interpretation make of such matters and things as shall be
required of you to the best of your skill and understanding—So help you God.
Form or AFFIRMATION.
I solemnly aftirm that I will truly interpret such matters and things as shall be
required of me to the best of my skill and understanding.
G. F. M. ENNIS,
W. MORRIS CARTER,
Judges.
ENTEBBE,
28tH NovemBer, 1907.
Approved.
H. HESKETH BELL,
Governor.
114 Laws of the Uganda Protectorate.
[Cuap.: 4,
CHAPTER IV.
Crv1t PROCEDURE.
[The Civil Jurisdiction of the High Court, so far as circumstances admit, is
exercised in conformity with The Indian Civil Procedure Code, 1882, with the Indian
amending Acts to the end of 1907, except so far as otherwise provided by law.]1
No. 16 of 1904. The Uganda Appeal Ordinance, 1904.
No. 1 of 1907. The Civil Procedure (Recognised Agents) Ordinance, 1907.
No. 3 of 1908. The Judgments Extension Ordinance, 1908.
No. 16 of 1904.
APPEALS.’
1. This Ordinance shall be called ‘‘The Uganda Appeal
Ordinance, 1904.”
2. Any person convicted on a trial held before a Judge of the
High Court may appeal to His Britannic Majesty’s Court of Appeal
for Eastern Africa (hereinafter called the Court of Appeal) either
on a matter of fact or of law.
3. The Commissioner may appeal to the Court of Appeal from
an original or appellate order of acquittal pronounced by the High
Court.
4. Any person who has been convicted may appeal to the
Court of Appeal from a judgment or order of the High Court,
given or made on any point of law in a criminal appeal from a
subordinate Court.
Provided that for the purposes of this Ordinance the severity
of a sentence shall not be deemed to be a point of law.
1 See The Uganda Order in Council, 1902, Arts. 15 and 20, Appendix A, page 891-892 ;
The Subordinate Courts Ordinance, 1902, Section 15, ate, page 8; The Native Court Ruies, 1905,
Rule 3, ante, page 37, and The Applied Indian Acts Ordinance, 1909, post, page 130.
2 For appeals from subordinate Courts, see No. 10 of 1902, Section 16, ante, page 3; No. 5 of
1905, ante, page 15; Section 12 of No. 10 of 1905, ante, page 21; and No. 15 of 1909. See also The
Native Agreements, Appendix B.
Sec the Orders in Council relating to Appeals, Appendix A, pages 932 to 950
Cuap. 4.] Civil Procedure. 115
5. The Court of Appeal shall have all the powers conferred on
an appellate Court by section 423 of The Indian Criminal Code.
6. Appeals in criminal matters shall abate on the death of
the accused or convicted person.
7. In civil cases an appeal shall lie to the Court of Appeal from
any final or interlocutory judgment, decree or order of the High
Court, whether made on appeal or in the exercise of its original
jurisdiction, in a suit whereof the subject matter exceeds 1,000
rupees in value, or in any case by leave of the High Court. or of the
Court of Appeal.
8. In civil cases in which all the parties are natives of the
Protectorate no appeal shall lie to the Court of Appeal without the
leave of the Commissioner.
9. In civil cases the Court of Appeal may exercise all the
powers contained in the Rules of Court made by the Court of
Appeal under The East Africa Protectorates (Court of Appeal)
Order in Council, 1902.
GEORGE WILSON,
7TH OcToBER, 1904. Acting Commissioner.
No. 1 of 1907.
CIVIL PROCEDURE: RECOGNISED AGENTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Civil Procedure
(Recognised Agents) Ordinance, 1907.”
2. In addition to the persons declared by The Code’ of Civil
Procedure to be the recognised agents of parties, by whom any
appearance, application or act in or to any Court, required or
authorised by law to be made or done by a party to a suit or appeal
in such Court, may be made or done, the following persons shall
be recognised agents for the purposes aforesaid, namely :—
A permanent servant, partner, relation or friend, whom the
Court may admit as a fit person to represent a party, and especially
persons ‘holding powers of attorney from absent parties, parties
carrying on business on behalf of bankers and traders, managing
agents of landlords, nearest male relations of women, and persons
ex-officio authorised to act for the Commissioner or for any Chief.
ENTEBBE, H. HESKETH BELL,
24TH JANUARY, 1907. His Majesty’s Commissioner,
8a
116 Laws of the Uganda Protectorate. [CuHap. 4,
No. 3 of 1908.
EXTENSION OF JUDGMENTS.
It is hereby enacted as follows :—
Short Title, 1. This Ordinance may be cited as ‘“ The
Judgments Extension Ordinance, 1908.”
‘Transfer and 2. Where a decree has been obtained or entered
Aine British ~=© Up In His Majesty’s High Court of East Africa or of
Zauitarbecrecs’ British Central Africa,’ or in His Britannic Majesty’s
in Uganda.
Execution of
warrants of above
Courts in Uganda
Court for Zanzibar, or in any Court subordinate to
any of such Courts for any debt, damages, or costs,
and where it is desired that such decree shall be
executed upon the person or property of the defendant
in the Uganda Protectorate, such decree may be
transferred to His Majesty’s High Court of Uganda
(hereinafter called the High Court) or to any of the
Courts subordinate therto (hereinafter called Sub-
ordinate Courts) for execution, and the provisions of
Chapter XIX of The Indian Code of Civil Procedure
for the transfer and execution of decrees shall apply
in the same manner as if such decree had been obtained
or entered up in one Court and were transferred for
execution to another Court within the Jurisdiction of
the High Court, and all- proceedings shall, and may
be, had and taken as if the decree had been a decree.
originally obtained in the High Court or a Subordinate
Court, and all the reasonable costs and charges with
regard to the transfer and execution of such decree
shall be recovered in like manner as if the same were
part of the original judgment.
3. When any warrant is issued by the High
Court of East Africa or of British Central Africa, or
by His Britannic Majesty’s Court for Zanzibar, or by
any Court subordinate to any such Court for the
arrest of a defendant in a Civil case either before or
after judgment, a Judge of the High Court or a
Subordinate Judge shall have power (a) to endorse
and execute such warrant, or (b) to issue, before such
endorsement, provisional warrant for the arrest of the
defendant, upon receipt of such telegraphic or other
information and in such circumstances as would in
his opinion justify the issue of a warrant in a Civil
case within his jurisdiction.
Now Nyasaland.
Cuap. 4.] Civil Procedure.
Provided that a person arrested under such
provisional warrant shall be discharged unless the
original warrant is produced and endorsed within
such reasonable time as may in the circumstances
seem requisite :
Provided also that no such warrant shall be
endorsed or executed, and no such provisional warrant
shall be issued, unless the warrant or information
from the Court desiring the arrest is accompanied by
an intimation that such Court indemnifies the High
Court or Subordinate Court against all costs, charges
and expenses to be incurred by the High Court or
Subordinate Court.
Provided also that the provisions of The Civil
Procedure Code for the arrest of defendants before
and after judgment shall apply in the same manner
as if the suit had been originally instituted in the
High Court or a Subordinate Court, and provided
that all reasonable costs and expenses with regard to
proceedings for such arrests shall be recoverable in
like manner as if the same had been incurred in the
Court in which the suit has actually been instituted.
4. A Judge of the High Court or of a Subordinate
Court requesting the arrest of a defendant under any
law similar to this Ordinance which may be enacted
in British East Africa, British Central Africa or
Zanzibar, shall before communication with a Court in
any of such Protectorates take security from the’
plaintiff in such sum as shall be sufficient to cover all
the costs, charges and expenses to be incurred by the
Court to which application is made, and _ shall
indemnify such Court against all such costs, charges
and expenses.
5. The fees to be paid for any process or pro-
ceeding under this Ordinance shall be such as may
be fixed from time to time by the High Court with
the approval of the Governor.
6. The Governor may by proclamation published
in the Gazette extend the provisions of this Ordinance
to decrees passed in any other British Protectorate,
Colony, Dependency or possession, and upon the
publication of such proclamation all the provisions of
this Ordinance with reference to the execution of
decrees passed by the above-mentioned Courts of
117
Security to be taken
from plaintiff and
Courts to be
indemnified.
Fees.
Power of Governor
to extend the
Ordinance to
Decrees of other
Protectorates or
Colonies.
118
Repeal.
Laws of the Uganda Protectorate. [Cuap. 4,
East Africa, British Central Africa and Zanzibar
shall have as full force and effect with reference to
the decrees of the Courts of the Protectorate, Colony,
Dependency or possession mentioned in the said
proclamation as if such Courts had been mentioned
in this Ordinance together with His Majesty’s High
Court of East Africa and of British Central Africa,
and His Britannic Majesty’s Court for Zanzibar and
the Courts subordinate to any of such courts.
7. The Judgments Extension Ordinance, 1905,
is hereby repealed. :
H. HESKETH BELL,
Governor,
ENTEBBE,
25TH FreBRuary, 1908.
Cuap...5.] Criminal Procedure. 119
CHAPTER V.
CRIMINAL PROCEDURE.
[The Criminal Jurisdiction of the High Court, so far as circumstances admit, is
exercised in conformity with The Indian Criminal Procedure Code, 1860, with the
Indian amending Acts to the end of 1907, except so far as otherwise provided
by law.?]
No. 8 of 1906. The Criminal Procedure Ordinance, 1906.
No. 8 of 1906.
CRIMINAL PROCEDURE.
‘It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Criminal Procedure
Ordinance, 1906.”
2. The High Court may direct that any case committed to the
Court of Session be transferred to and tried before itself, or may
direct by general or special order that any person triable by the
Court of Session shall be committed for trial to the High Court.
3. A Judge of the High Court may in any case where he
thinks fit, and any Magistrate in any case at the request of the
Collector, may, subject to the direction of the High Court, sit and
preside over a British Native Court.
ENTEBBE, H. HESKETH BELL,
24TH JuLy, 1906. H. M. Commissioner.
1 See Articles 15 and 20 of The Uganda Order in Council, 1902, Appendix A, page 891-892 ;
The Subordinate Courts Ordinance, 1902, Section 15, ante, page 3; The Native Court Rules, 1905,
Rule 3, ante, page 37; and The Applied Indian Acts Ordinance, 1909, post, page 130.
For the law regulating appeals in Criminal matters from the High Court to the Court of
Appeal for Eastern Africa, see No. 16 of 1904, ante, page 114; and for appeals from subordinate
Courts, see Section 12 of No. 10 of 1902, ante, prge 3; No. 5 of 1905, ante, page 15; Section 13 of
No. 10 of 1905, ante, page 21; and No. 15 of 1909, ante, page 22. See also ‘The Native Agreements,
Appendix B.
120 Laws of the Uganda Protectorate. [Cuap. 5.
ORDERS.
a
Unper THe Criminat Procepure ORDINANCE, 1906.
In pursuance of the powers vested in the High Court by The Criminal Procedure
Ordinance, 1906, any person triable by the Courts of Session in the Kingdom of
Uganda or the Central Province? shall until further order be committed for trial
to the High Court.
G. F. M. ENNIS,
ENTEBBE, Wm. MORRIS CARTER,
47H SEPTEMBER, 1906. Judges.
In pursuance of the powers vested in the High Court by The Criminal Procedure
Ordinance, 1906, any person triable by the Courts of Session in the Western Province
shall until further order be committed for trial to the High Court.
ENTEBBE, Wm. MORRIS CARTER,
18tH June, 1907. : Judge.
NOTICE.
Unprr THE CopE or CRIMINAL ProcepuRE, SrEcrion 30.
Section 30 of The Code of Criminal Procedure shall apply to the Protectorate
as if the Eastern, Western, Rudolf aud Northern Provinces had been therein
mentioned.
ENTEBBE, H. HESKETH BELL,
bra JuNE, 1908. Governor.
? Now the Eastern Province ; see proclamation, 5th April, 1907, page 897.
Cap. 6.] Criminal Law. 121
CHAPTER VI.
CRIMINAL Law.
[The Criminal Jurisdiction of the High Court, so far as circumstances admit, is
exercised in conformity with The Indian Penal Code, 1860, with the Indian amending
Acts to the end of 1907, except so far as otherwise provided by law.!
The Admiralty Offences Colonial Acts, 1849 and 1860, and Part XIII. of The
Merchant Shipping Act, 1894, were applied by virtue of Article 13 of The Uganda
Order in Council, 1902.]
No. 16 of 1899. Order re Penal Servitude, etc.
No. 4 of 1903. The Uganda Whipping Ordinance, 1903.
No. 1 of 1909. The Collective Punishment Ordinance, 1909.
No. 12 of 1909. The Sentence of Death (Children) Ordinance, 1909.
1 See Article 15 of The Uganda Order in Council, 1902, Appendix A, page 891. The Subordinate
Courts Ordinance, 1902, Section 10, ante, page 3, and The Applied Indian Acts Ordinance, 1909, post,
page 131.
As to offences relating to copyright, designs, inventions and trademarks, note also Article 55 of
The Africa Order in Council, 1889, following :—
‘“« 55. Any act which, if done in the United Kingdom or in a British possession, would be an
offence against any of the following Statutes of the Imperial Parliament or Orders in Council,
that is to say :— ;
“The Merchandise Marks Act, 1887.”
“The Patents, Designs, and Trade Marks Acts, 1883 to 1888.”
Any Act, Statute, or Order in Council for the time being in force, relating to copyright, or
fo inventions, designs, or trade marks.
Any Statute amending or substituted for any of the above-mentioned Statutes :—
Shall, if done by a British subject within the limits of this Order, be punishable as an offence
against this Order, whether such act is done in relation to any property or right of a British
subject, or of a foreigner or native, or otherwise.
Provided :—
(1). That a copy of any such Statute or Order in Council shall be published in every Consular
Court, and shall be there open for inspection by any person at all reasonable times; and a person
shall not be punished under this Article for anything done within the district of a Court before
the expiration of one month after such publication therein.
(2). That a prosecution by or on behalf of a prosecutor who is not a British subject shall not
be entertained without the consent in writing of the Court, which may withhold such consent,
unless it is satisfied that effectual provision exists for the punishment in Consular or other Courts
of similar acts committed by the subjects of the State or Power of which such prosecutor is a
subject, in relation to or affecting the interests of British subjects.”
As to the punishment for any act or omission which is an offence under any Regulation
made under The Africa Order in Council, 1889, where no penalty or punishment is specified in
the regulation, see note” to page 128.
122 Laws of the Uganda Protectorate. [Cuap. 6.
No. 16 of 1899.
ORDER OF THE SECRETARY OF STATE.
In exercise of the powers conferred by Article 110! of
“The Africa Order in Council, 1889,” I hereby direct that where,
under the said Order, or any law of England, or of India, or of
any African possession of Her Majesty, for the time being in force
in the Uganda Protectorate, it is provided that a person may
be sentenced to penal servitude, transportation, rigorous
imprisonment, or any form of imprisonment other than simple
imprisonment, for any period, the Court may (subject to any
provisions of the said Order, or otherwise, limiting its jurisdiction)
sentence such person to imprisonment with hard labour for any
period not exceeding the specified or maximum period.
ForEIGN OFFICE, SALISBURY.
9TH SEPTEMBER, 1899.
No. 4 of 1908.
WHIPPING. ”
It is hereby enacted as follows :—
Short Title.
1. This Ordinance may be cited as ‘“‘ The Uganda
Whipping Ordinance, 1903.”
Whipping added to
{he tunidiment 2. In addition to the punishments described in
See ecrtae «~=©6 eCtion 538 of The Indian Penai Code, offenders are
see also liable to whipping.
Offences punishable 3. Whoever commits any of the following offences
with whipping in é é a 5 % z :
lieu of other panish- = MAY be punished with whipping in lieu of any
by Penal Code. punishment to which he may for such offence be
liable under The Indian Penal Code, that is to say :—
Group A.
(1.) Theft, as defined in Section 378 of the
said Code.
(2.) Theft in a building, tent or vessel, as
defined in 380 of the said Code.
1 See page 128.
2 As to the limit of stripes, exemptions from, and prohibition of whipping by instalments, see The
Criminal Procedure Code, Sections 390 to 394; and as to the mode of infliction, see those sections and
the Regulation of 12th March, 1903, following, page 126. ey v4
Cuap. 6.] Criminal Law.
123
(3.) Theft by a clerk or servant, as defined
in Section 381 of the said Code.
(4.) Theft after preparation for causing
death or hurt, as defined in Section 382 of the
said Code.
Group B.
(5.) Extortion by threat, as defined in
Section 388 of the said Code.
(6.) Putting a person in fear of accusation
in order to commit extortion, as defined in
Section 389 of the said Code.
Group C.
(7.) Dishonestly receiving stolen property
as defined in Section 411 of the said Code.
(8.) Dishonestly receiving property stolen in
the commission of a dacoity, as defined in
Section 412 of the said Code.
GrRovur D.
(9.) Lurking house-trespass, or house-
breaking, as defined in Sections 443 and 445 of
the said Code, in order to the committing of any
offence punishable with whipping under this
section.
(10.) Lurking house-trespass by night, or
house-breaking by night, as defined in Sections
444 and 446 of the said Code, in order to the
committing of any offence punishable with
whipping under this section.
4. Whoever, having been previously convicted
of any one of the offences specified in the last
preceding section, shall again be convicted of the
same offence, or of any offence included in the same
group of offences, may be punished with whipping in
lieu of, or in addition to, any other punishment to
which he may for such offence be liable under The
Indian Penal Code.
5. Whoever, having been previously convicted of
any one of the following offences, shall be again
convicted of the same offence, or any offence included
in the same group of offences, may be punished with
whipping in addition to any other punishment to
On second con-
viction of offence
mentioned in
Section 2,
whipping may be
added to other
punishment.
Offences punishable
in case of second
conviction, with
whipping in
addition to other
punishment.
124 Laws of the Uganda Protectorate. [Cuap. 6.
which he may be liable under the Indian Penal
Code ; that is to say :—
Group A.
(1.) Giving or fabricating false evidence in
such manner as to be punishable under Section
193 of The Indian Penal Code.
(2.) Giving or fabricating false evidence
with intent to procure conviction of a capital
offence, as defined in Section 194 of the said
Code.
(3.) Giving or fabricating false evidence
with intent to procure conviction of an offence
punishable with transportation or imprisonment,
as defined in Section 195 of the said Code.
Group B.
(4.) Falsely charging any person with having
committed an unnatural offence, as defined in
Sections 211 and 377 of the said Code.
Group C.
(5.) Assaulting or using criminal force to any
woman with intent to outrage her modesty, as
defined in Section 354 of the said Code.
(6.) Rape, as defined in Section 8375 of the
said Code.
(7.) Unnatural offences, as defined in
Section 377 of the said Code.
Group D.
(8.) Robbery or dacoity, as defined in
Sections 390 and 391 of the said Code.
(9.) Attempting to commit robbery, as
defined in Section 393 of the said Code.
(10.) Voluntarily causing burt in committing
robbery, as defined in Section 394 of the said
Code.
Group E,
(11.) Habitually receiving or dealing in
stolen property, as defined in Section 413 of the
said Code.
Group F.
(12.) Forgery, as defined in Section 463 of
the said Code.
(13.) Forgery of a document, as defined in
. Section 466 of the said Code.
Cuap. 6.] Criminal Law. 125
(14.) Forgery of a document, as defined in
Section 467 of the said Code.
(15.) Forgery for the purpose of cheating,
as defined in Section 468 of the said Code.
(16.) Forgery for the purpose of harming
the reputation of any person, as defined in
Section 469 of the said Code.
Group G.
(17.) Lurking house-trespass, or house-
breaking, as defined in Sections 443 and 445 of
the said Code, in order to the committing of any
offence punishable with whipping under this
section.
(18.) Lurking house-trespass by night, or
house-breaking by night as defined in Sections
444 and 446 of the said Code, in order to the
committing of any offence punishable with
whipping under this section.
Juvenile offenders
6, Any juvenile offender who abets, commits or when punishable
attempts to commit :— sh oe
(a) Any offence which is punishable under
The Indian Penal Code otherwise than with
death ; or
(6) Any offence which is punishable under
any other law, with imprisonment, may be
punished with whipping in lieu of any other
punishment to which he may for such offence,
abetment or attempt be liable.
Provided that the Commissioner may, by notifi-
cation in the Gazette, direct that the punishment of
whipping shall not be inflicted in respect of such
offences falling under clause (6) as he may think fit to
specify in this behalf.
EXxPLANATION.—In this section the expres-
sion ‘juvenile offender” means an offender whom
the Court, after making such inquiry (if any) as
may be deemed necessary, shall find to be under
sixteen years of age, the finding of the Court in
all cases being final and conclusive.
J. HAYES SADLER,
H..M. Commissioner.
ENTEBBE,
12TH Marca, 1903.
126 Laws of the Uganda Protectorate. [Cuap. 6.
REGULATION.
WHIPPING.
I hereby direct that the punishment of whipping shall, in the case of a person
of or over sixteen years of age, be inflicted with a “ Kiboko” not less than half an
inch in diameter; and, in the case of a person under sixteen years of age, with a
birch rod made of light twigs.
The whipping shall be inflicted on the buttocks, the person being first securely
held or fastened.
ENTEBBE, J. HAYES SADLER,
Marca 12rw, 1903. H.M. Commissioner.
No. 1 of 1909.
COLLECTIVE PUNISHMENT.
It is hereby enacted as follows :—
Short Title. 1. This Ordinance may be cited as “ The Collec-
tive Punishment Ordinance, 1909.”
Fine on villagers, 2. The Governor may impose fines on all or any
c., accessory to ° ° . . :
crime, inhabitants of any village or district or members of
any tribe or community if, after inquiry, he has
found :—
(a) That they have colluded with or har-
boured or failed to take all reasonable means to
prevent the escape of any criminal ;
(6) That they have suppressed or combined
to suppress evidence in any criminal case ;
(c) That stolen property having been tracked
to within the limits of any village or district,
they have failed or neglected to restore the pro-
perty or to take on the track beyond the limits
of such village or district ;
and may order the whole or any part of the fines
recovered to be applied in compensation for the injury
caused by the offence of which the criminal is accused,
or to which the criminal case relates, or in compensa-
tion to the owner of the stolen property.
kevwherensmeae , . & When within any village or district a person
is committed or is dangerously or fatally wounded by unlawtul attack,
or the body is found of a person believed to have
been unlawfully killed, the inhabitants of such village
or district, or the members of any tribe or community
resident therein, shall be deemed to have committed
CHap. 6.]' Criminal Law.
127
an offence under the last foregoing section, unless they
can show that they :—
(a) Had not an opportunity of preventing
the offence or arresting the offender ; or
(b) Have used all reasonable means to bring
the offender to justice.
4, The. Governor may determine the limits of a
village or district or define a tribe or community for
the purpose of this Ordinance.
_ 5. A fine imposed under this Ordinance may be
recovered as if it were an arrear of hut or other tax.
- 6. An inquiry under this Ordinance shall be con-
ducted by a Magistrate or other Judicial Officer, inthe —
saine manner, as far as may be, as_an_ inquiry under
the Code of Criminal Procedure.
7. An appeal shall not lie from any order made
under this Ordinance, which shall be final and shall
not be liable to be contested by suit or otherwise.
8. The Governor shall forthwith report to the
Secretary of State every order made by him under
this Ordinance, and the grounds thereof and the pro-
ceedings thereunder.
ENTEBBE, H. HESKETH BELL,
ist JANUARY, 1909. Governor.
No. 12 of 1909.
SENTENCE OF DEATH (CHILDREN).
It is hereby enacted as follows :—
Governor to
determine limits of
a village or district
or define tribe or
community.
Recovery of fine.
Inguiry.
Air jhiareh ae
Finality of orders.
Governor to report
to Secretary 0’
State.
1. This Ordinance may be cited as “The Sentence of Death
(Children) Ordinance, 1909.”
2. Sentence of death shall not be pronounced on or recorded
against any person who in the opinion of the Court is under the
age of sixteen years, but in lieu thereof the Court shall sentence
such person to be detained during His Majesty’s pleasure, and, if.
so sentenced, he shall be liable to be detained in such place and
under such conditions as the Governor may direct, and whilst so
detained shall be deemed to be in legal custody.
ENTEBBE, STANLEY C. TOMKINS,
17TH Jury, 1909. Acting Governor.
128 Laws of the Uganda Protectorate. [CHap, 7.
CHAPTER VII.
Laws oF INTERPRETATION AND APPLICATION.!
The Uganda Order in Council, 1902, Article 28, provided that, where other
provision is not made by Ordinance, any law, practice or procedure established by or
under the Africa Orders, and not superseded by that Order, should remain in force
until such other provision is made.?
No. 15 of 1899. Order applying Indian Acts.
No. 3 of 1909. The Applied Indian Acts Ordinance, 1909.
1 For alteration in names of officers, see Chap. 9, post.
2 The following articles of The Africa Order in Council, 1889, deal with the application of
English law, and the alterations and adaptations necessary for the application of applied laws :—
“ 13. Subject to the other provisions of this Order. the civil and criminal jurisdiction aforesaid
shall, so far as circumstances admit, be exercised upon th- principles of and in conformity with the
substance of the law for the time being in force in and for England, and with the powers vested in
and according to the course of procedure and practice observed by and before Courts of Justice and
Justices of the Peace in England, according to their respective jurisdictions and authorities.
“110. Where, by virtue of any Imperial Act or of th’s Order or otherwise any provisions of any
Imperial Acts, or of any Law, or of any Orders in Council, other than this Order are applicable within
any local jurisdiction or district constituted under this O:der, or any form, regulation, or procedure
prescribed or established under any such Act or Law, are, or is, so applicable, the same shall be
deemed applicable sofar only as the constitution and jurisdiction of the Courts acting under this
Order and the local circumstances permit, and for the purpose of facilitating application may be con-
strued or used with such alterations and adaptations as may be necessary, and anything required to
be done by or to any Court, Judge, officer, or authority, may be done by or to a Court, Judge, officer,
or authority having the like ur aualogous functions, er by any officer designated by a Secretary otf
State, or by the Court (as the case may require) for that purpose, and the seal of the Court may be
substituted for any other seal; and in case any difficulty occurs in the application it shall be lawful
for a Secretary of State to direct by, anu to whom, and in what manner, anything is to be done, and
such Act, law, order, form, regulation, or procedure shall be construed accordingly.”
And article 56 provides for punishment of any act or omission which is an offence under any
Regulation made under the Order, where no penalty or punishment is specified.
‘56. Where any act or omission is by virtue of this Order, or of any Regulation made under
this Order, an offence against this Order, and no penalty ur punishment is specified in respect thereot,
such offence shall be punishable with imprisonment not exceeding three months, or fine not exceeding
£100, or both ” ;
And by article 49 (2) a person shall be deemed guilty of an offence against the Order, “ who acts
in contravention of any of the Queen’s Regulations to be made under this Order...”
Cuap. 7.] Laws of Interpretation and Application. 129
No. 15 of 1899.
ORDER OF THE SECRETARY OF STATE.
APPLICATION OF INDIAN ACTS)
In pursuance of the powers conferred by Article 3 of “The
Africa Order in Council, 1892,” I hereby order as follows :—
1. The following enactments of the Governor-General of India
in Council shall apply to the Uganda Protectorate, that is to say :
(1) The Indian Police Act, 1861 (Act 5 of 1861)?
(2) Lhe Indian Post Office Act, 1866 (Act 14 of 1866).
(3) The Indian Contract Act, 1872 (Act 9 of 1872).
(4) The Indian Explosives Act, 1884 (Act 4 of 1884).
(5) The Indian Telegraph Act, 1885 (Act 13 of 1885).
(6) The Indian Railways Act, 1890 (Act 9 of 1890).
(7) The Land Acquisition Act, 1894 (Act 1 of 1894).
(8) The Indian Petroleum Act, 1899 (Act 8 of 1899).
2. In the application of the said enactments to the Uganda
Protectorate the following modifications shall be made :—
(a) Where any such enactment provides that any act or
thing may or shall be done by the Governor-General of India
in Council or by a Local Government, whether with or without
the sanction of the Governor-General in Council, such act or
thing may or shall be done, subject to any directions of the
Secretary of State, by the Commissioner and Consul-General.
(b) Where any such enactment provides for any notifica-
tion in any Gazette, such notification shall be made in the
official Gazette for Uganda, and if there be no such Gazette,
in such manner as the Commissioner and Consul-General
shall direct.
(c) Where, in any of the said enactments, reference is
made to any magistrate or other public officer, such reference
shall be construed as applying to a magistrate or public officer
exercising similar functions in the Protectorate. .
(2) Where, in any of the said enactments, reference is
made to The Indian Penal Code, or other Indian enactment of
criminal law or procedure, such reference shall, until The Indian
Penal Code is applied to Uganda, be construed as nearly as
' As to the application ‘of Indian Acts amending these Acts, see The Applied Indian Acts
Ordinance, 1909, following.
For subject matters of the Acts enumerated helow, soe chapters dealing therewith, post,
* Repealed by No. 1 of 1908, Chapter 12, post.
+ Repealed by No. 15 of 1903, Chapter 19, post.
9
130 Laws of the Uganda Protectorate. (Crap, te
circumstances admit, in accordance with corresponding pro-
visions of English law or procedure.‘
(e) References to India or any presidency shall be
construed as references to the Protectorate.
3. The General Rules for open lines of railway, sanctioned by
the Governor-General of India in Council under Section 47 of “ The
Indian Railways Act, 1890,” shall apply to and be administered in
the Uganda Protectorate, with the following modifications :—
(a) The modifications made in the last preceding paragraph
of this Order.
(1) In Rule 5 “ Mombasa time” shall be substituted for
‘“Madras time.”
4. The powers of making General Rules under section 47 of
‘The Indian Railways Act, 1890,” including the power of amending
the said General Rules applied by this Order, shall be exercised by
the Uganda Railway Committee.
5. In the application of “The Land Acquisition Act, 1894,” to
the Uganda Protectorate,’ the following modifications shall be made,
that is to say :—
Any land whereof possession is taken under the provisions of
that Act shall vest absolutely in the Commissioner for the time
being, or, if the Secretary of State at any time in any case so directs,
in a trustee or trustees for Her Majesty, to be appointed by the
Secretary of State, who shall have power by order to remove any
trustee and appoint any new or additional trustee or trustees.
SALISBURY.
ForEIGN OFFICE,
17TH Avaust, 1899.
No. 3 of 1909.
APPLIED INDIAN ACTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as ‘‘ The Applied Indian Acts
Ordinance, 1909.”
4 The Indian Penal Code, 1860, was applied to Uganda, together with The Indian Criminal
Procedure Code, 1860 (and The Indian Civil Procedure Code, 1882), with the Indian Acts to the end
of 1907, amending those Codes, by virtue of Articles 15 and 20 of the Uganda Order in Council, 1902
(Appendix A), and The Applied Indian Acts Ordinance, 1909, following.
5 For acquisition of land for public purposes in Buganda, see also The Uganda Agreement, 1900,
Article 15, post, page 962, :
Cuap. 7.] Laws of Interpretation and Application. 131
2. Any Act of the Government of India amending or substi-
tuted for any Act of such Government which has been applied to
and is in force in the Protectorate shall, if such amending or
substituted Act was passed in India before the Ist day of January,
1908, apply to the Protectorate as from the date when such Act
shall have come into force in India ; but no such Act passed on or
after the Ist day of January, 1908, shall apply to the Protectorate
until it shall be applied by Ordinance, any existing Ordinance,
Regulation, or other law of Uganda to the contrary notwithstanding.
H. HESKETH BELL,
ENTEBBE, Governor.
Ist JANUARY, 1909.
NOTICE AND PROCLAMATION.
Whereas by Notice dated the 2nd July, 1906, the station at Wadelai was
removed to Fatiko, and by Notice dated the 12th June, 1907, the station at Fatiko
was removed to Koba, now I, George Wilson, Companion of the Most Honourable
Order of the Bath, His Majesty's Acting Commissioner for the Uganda Protectorate,
hereby give Notice and make Proclamation as follows :—
1. Under The Customs Consolidation Ordinance, 1904, Section 4, I appoint
‘Koba to be a frontier post for the purpose of that Ordinance, and I declare that
Wadelai has ceased to be a frontier post for the purposes of that Ordinance.
2. Under The Uganda Registration of Documents Ordinance, 1904, I appoint
the Collector or Assistant Collector in charge, Koba, to be the Registrar of
Documents for the District of Acholi in the Northern Province.
3. Under The Native Courts Ordinance, 1905, I direct that the proclamation
dated the 15th November, 1905, made under that Ordinance shall read as if the
name Koba were substituted therein for the name Wadelai, and I direct that the
said Proclamation shall apply to Koba accordingly and not to Wadelai.
4. Under The Uganda Prisons Ordinance, 1903, I declare that the Notice dated
the 17th May, 1905, made under that Ordinance shall read as if the name Koba
were substituted therein for the name Wadelai, and | declare that the said Notice
shall apply to Koba accordingly and not to Wadelai.
5. Under The Uganda Townships Ordinance, 1903, I declare that the Procla-
mation dated the 26th June, 1906, shall read as if the name Koba were substituted
therein for the name Fatiko, and I direct that Koba shall within the limits
mentioned in the said Proclamation be a township, and that Fatiko shall cease to be
a township for the purpose of that Ordinance, and I apply the Rules mentioned in
the said Proclamation to Koba, and I declare that the said Rules shall cease to apply
to Fatiko.
6. I direct and declare that for all purposes whatsoever, whether mentioned in
this Notice and Proclamation or not, Koba shall be substituted for Wadelai and
Fatiko, and the Collector or Assistant Collector in charge, Koba, shall be substituted
for the Collector, Wadelai or Fatiko.
GEORGE WILSON,
Acting Commissioner,
ENTEBBE,
30TH Aveust, 1907.
9a
132 Laws of the Uganda Protectorate. [Cuap. 7.
NOTICE AND PROCLAMATION.
Whereas the station at Kaxumiro has been removed to Musenpi. Now I,
Alexander Boyle, Acting Governor of the Uganda Protectorate, hereby give notice
and make Proclamation as follows :—
1. Under The Native Liquors Ordinance, 1902, I apply the provisions of that
Ordinance to Mubendi, and fix the fee to be charged for a licence in such place at
Rupees.100/—, and I suspend the operation of that Ordinance in Kakumiro.
9. Under The Customs Consolidation Ordinance, 1904, Section 4, I appoint
Mubendi to be a frontier post for the purposes of that Ordinance, and I declare that
Kakumiro has ceased to be a frontier post for the purposes of that Ordinance.
3. In the Proclamation dated the 15th January, 1909, dealing with Native
Courts in Buganda, Mubendi shall be substituted for Kakumiro, the district
administered at the time of the said Proclamation at Kakumiro being now
administered at Mubendi.
4. Under The Uganda Prisons Ordinance, 1909, I hereby declare that the prison
at Mubendi shall be a prison jor the purposes of that Ordinance, and that Kakumiro
shall cease to be a prison for the purposes of that Ordinance.
ALEXANDER BOYLE,
Acting Governor.
ENTEBBE,
4tH NovemBer, 1909.
Cuap. 8.] Extradition and Fugitive Offenders. 133
PART II.
LAWS RELATING TO FOREIGN RELATIONS.
CHAPTER VIII.
EXTRADITION AND FUGITIVE OFFENDERS.
[The Fugitive Offenders Act, 1881, was applied to the Protectorate by Article 13
of The Uganda Order in Council, 1902.] ?
No. 8 of 1908. The Uganda Foreign Deserters Ordinance, 1908.
No. 9 of 1908. The Fugitive Criminals Surrender Ordinance, 1908.
No. 8 of 1908.
FOREIGN DESERTERS.
1. Where it appears to the Governor that due facilities are or
will be given by the Government of any foreign country for
recovering and apprehending seamen who desert from British
merchant ships in that country the Governor may by notification
stating that such facilities are or will be given declare that this
Ordinance shall apply in the case of such foreign country subject to
any limitations, conditions, and qualifications, contained in the
notification.
2. Where this Ordinance applies in the case of any foreign
country, and a seaman or apprentice, not being a slave, deserts when
within the Protectorate from a merchant ship belonging to a subject,
or citizen of that country, any Court, Justice, or officer that would
have had cognizance of the matter if the seaman or apprentice
had deserted from a British ship shall, on the application of a
Consular officer of the foreign country, aid in apprehending the
1 The issue of passports in Uganda is governed by Regulations similar to those published in
The East Africa and Uganda Gazette, 1905, at page 186a.
2 Appendix A, page 390.
As to arrest on warrant, see Part II. of the Act, and Article 77 of The Africa Order in Council,
1889.
As to arrest without warrant, see Section 54 of The Criminal Procedure Code.
134 Laws of the Uganda Protectorate. [Cuap. 8.
deserter, and for that purpose may, on information given on oath,
issue a warrant for his appreliension, and, on proof of the desertion,
order him to be conveyed on board his ship or delivered to the
master or mate of his ship, or to the owner of the ship or his agent,
to be so conveyed ; and any such warrant or order may be executed
accordingly.
3. If any person harbours or secretes any deserter liable to be
apprehended under Section 2, knowing or having reason to believe
that he has deserted, that person shall for each offence be liable to
a fine not exceeding Rupees 150.
4. The Governor may at any time by notification declare that
any notification theretofore made with respect to the application to
aforeign country of this Ordinance shall as and from a date specified
cease to have effect, and this Ordinance shall as and from the said
date cease to apply in the case of the foreign country named in that
notification.
5. This Ordinance may be cited as “The Uganda Foreign
Deserters Ordinance, 1908.”
ENTEBBE, H. HESKETH BELL,
21st May, 1908. Governor.
NOTICE.
Unprr THe Ucanpa Foreign DiserrEers OrpINANCE, 1908.
Whereas due facilities are or will be given by the Government of Roumania for
recovering and apprehending seamen who desert from British Merchant ships in
that country, I hereby declare that the above-mentioned Ordinance shall apply in the
case of Roumania.
ENTEBBE, H. HESKETH BELL,
21st May, 1908. Governor.
No. 9 of 1908.
SURRENDER OF FUGITIVE CRIMINALS.
It is hereby enacted as follows :—
nen 1. This Ordinance may be cited as “The Fugi-
tive Criminals Surrender Ordinance, 1908.”
peice hia 2. Where an arrangement has been made between
aes a His Majesty the King and the Ruler of a Foreign
Ordinance to apply.
Cuap. 8.] Extradition and Fugitive Offenders.
135
State under which the Protectorate is to surrender to
that State, or to its Protectorates, any fugitive
criminals, the Governor may, by notice’ in the Gazette
direct that this Ordinance shall apply in the case of
that State during the continuance of the arrangement,
and after such notice has been published in the
Gazette this Ordinance shall, subject to the terms of
the arrangement,’ apply accordingly. No such notice
shall remain in force for any longer period than
the arrangement, and the Governor may, by the same
or any subsequent notice, limit the application of
this Ordinance or render the operation thereof subject
to such conditions, exceptions and qualifications as
may be deemed expedient.
3. The following restrictions shall be observed
with respect to the surrender of fugitive criminals :—
(i.) A fugitive criminal shall not be surren-
dered if the offence in respect of which his
surrender is demanded is one of a political
character, or if he prove to the satisfaction of the
Magistrate or the Court before whom he is
brought on habeas corpus or other like pro-
ceeding, or to the Governor, that the requisition
for his surrender has, in fact, been made with a
view to try or punish him for an offence of a
political character.
(ii.) A fugitive criminal shall not be surren-
dered to a foreign State unless provision is made
by the Jaw of that State, or by arrangement, that
3 See notices following.
4 With regard to the surrender of nationals.
(a) A provision that neither of the contracting parties may surrender
its own subjects is contained in the Treaties with Brazil, Germany, Guate-
mala, Hayti, Italy, Nicaragua, Norway, Portugal, Salvador and Sweden.
In the Treaties with Denmark and Uruguay also subjects are excepted from
the operation of the Treaty.
Under the Treaties with Brazil, Italy and Portugal persons who have been
naturalised after the commission of the crime may be surrendered.
(6) A provision allowing each Government the option of surrendering
at discretion its own subjects is contained in the Treaties with the Argentine
Republic, Austria, Belgium, Bolivia, Chile, Columbia, Cuba, France, Liberia,
Mexico, Monaco, the Netherlands, Panama, Peru, Roumania, Russia, Servia
and San Marino,
(c) The Treaties with the United States, containing no reference to nation-
ality, extend to the subjects of each country equally with other fugitive criminals.
(d) The Treaties with Luxemburg, Spain, and Switzerland exclude the
surrender of their own subjects by the Governments of Luxemburg, Spain and
Switzerland, but stipulate for the surrender of British subjects by His Majesty’s
Government.
(e) In the Treaty with Ecuador there is no express exclusion from extra-
dition of the subjects or citizens of either contracting party, though it contains
a provision that naturalization iy not to be a bar to extradition.
Restrictions on
surrender of
criminals.
136
Laws of the Uganda Protectorate. {CHap. 8.
Liability of criminal
to surrender.
Order of Governor
for issue of warrant
in Protectorate if
crime is not of a
political character.
the fugitive criminal shall not, until he has been
restored or had an opportunity of returning to
the Protectorate, be detained or tried in that
foreign State for any offence committed prior to
his surrender other than the crime proved by the
facts on which the surrender is grounded.
(iii.) A fugitive criminal who has been
accused of some offence within His Majesty’s
jurisdiction not being the offence for which his
surrender is asked, or is undergoing sentence
under any conviction in the Protectorate, shall
not be surrendered until after he has been
discharged, whether by acquittal or on expiration
of his sentence or otherwise.
(iv.) A fugitive criminal shall not be surren-
dered until the expiration of such period, not
being less than fifteen days, as the Governor may
determine from the date of his being committed
to prison to await his surrender.
4. Where this Ordinance applies in the case of
any foreign State, every fugitive criminal of that
State, who is in, or suspected of being in, any part
of the Uganda Protectorate, shall be liable to be
apprehended and surrendered in manner provided
by this Ordinance, whether the crime in respect of
which the surrender is sought was committed before
or after the coming into operation of this Ordinance,
and whether there is or is not any concurrent
jurisdiction in any Court of His Majesty’s Dominions
or of the Protectorate over that crime.
5. A requisition for the surrender of a fugitive
criminal of any foreign State, who is in, or suspected
of being in, the Protectorate shall be made to the
Governor by some person recognised by the Governor
as Diplomatic Representative of that foreign State.
The Governor may, by order under his hand and
seal, signify to the Magistrate that such requisition
has been made, and require him to issue his warrant
for the apprehension of the fugitive criminal.
If the Governor is of opinion that the offence is
one of a political character, he may, if he think fit,
refuse to send any such order, and may also at any
time order a fugitive criminal accused or convicted of
such offence to be discharged from custody,
Cuap. 8.] Extradition and Fugitive Offenders.
137
6. A warrant for the apprehension of a fugitive
criminal, whether accused or convicted of crime, who
is Im, or suspected of being in, or on the way to, the
Protectorate may be issued :—
(1) By the Magistrate on receipt of the said
order of the Governor, and on such evidence as
would, in his opinion, justify the issue of the
warrant if the crime had been committed or the
criminal convicted in the Protectorate ; and
(2) By a Magistrate or any Justice of the
Peace in any part. of the Protectorate, on such
information or complaint and such evidence, or
after such proceedings as would, in the opinion
of the person issuing the warrant, justify the
issue of a warrant if the crime had_ been
committed or the criminal convicted in that
part of the Protectorate in which he exercises
jurisdiction.
Any person issuing a warrant under this section
without an order from the Governor shall forthwith
send a report of the fact of such issue, together with
the evidence and information or complaint, or certified
copies thereof, to the Governor, who may, if he think
fit, order the warrant to be cancelled, and the person
who has been apprehended on the warrant to be
discharged.
A fugitive criminal, when apprehended on a
warrant issued without the order of the Governor,
shall be brought before some person having power to
issue a warrant under this section, who shall by
warrant order him to be brought, and the prisoner
shall accordingly be brought, before the Magistrate.
A fugitive criminal apprehended on a warrant
issued without the order of the Governor shall be
discharged by the Magistrate, unless such Magistrate,
within such reasonable time as with reference to the
circumstances of the case he may fix, receives from
the Governor an order signifying that a requisition
has been made for the surrender of such criminal.
7. When a fugitive criminal is brought before
the Magistrate, such Magistrate shall hear the case
in the same manner, and have the same jurisdiction
and powers as near as may be, as if the prisoner were
brought before him charged with an indictable offence
-committed in the Protectorate.
Issue of Warrant
by Magistrates or
Justices of the Peace
and proceedings
thereon.
Hearing of case and
evidence of political
character of crime.
138
Committal or
discharge of
prisoner.
Surrender of
tugitive to foreign
State by warrant of
Governor,
Laws of the Uganda Protectorate. [Cuap. 8,
The Magistrate shall receive any evidence which
may be tendered to show that the crime of which the
prisoner is accused or alleged to have been convicted
is an offence of a political character, or is not a crime
in respect of which his surrender may be granted.
8. In the case of a fugitive criminal accused of
a crime in respect of which his surrender may be
granted, if the foreign warrant authorising the arrest
of such criminal is duly authenticated, and such
evidence is produced as (subject to the provisions of
this Ordinance) would, according to the law of the
Protectorate, justify the committal for trial of the
prisoner if the crime of which he is accused had been
committed in the Protectorate, the Magistrate shall
commit him to prison, but otherwise shall order him
to be discharged.
In the case of a fugitive criminal alleged to have
been convicted of a crime in respect of which his
surrender may be granted, if such evidence is pro-
duced as (subject to the provisions of this Ordinance)
would, according to the law of the Protectorate,
prove that the prisoner was convicted of such crime,
the Magistrate shall commit him to prison, but other-
wise shall order him to be discharged.
If he commits such criminal to prison, he shall
commit him to a prison or other place of safe custody
in the Protectorate, there to await the warrant of
the Governor for his surrender, and shall forthwith
send to the Governor a certificate of the committal,
and such report upon the case as he may think fit.
9. If the Magistrate commits a fugitive criminal
to prison, he shall inform such criminal that he. will
not be surrendered until after the expiration of such
period, not being less than fifteen days, as the Governor
may determine, and that he has a right to apply for
a writ of habeas corpus or other like proceeding.
Upon the expiration of the said period, or, if a
writ of habeas corpus is issued or other like proceeding
instituted, after the decision of the Court upon the
return to the writ or other like proceeding, as the
case may be, or after such further period as may be
allowed in either case by the Governor, it shall be
lawful for the Governor, by warrant under his hand
and seal, to order the fugitive criminal (if not delivered
on the decision of the Court), to be surrendered to
such person as may in his opinion be duly authorised
Cuar. 8.] ° Extradition and Fugitive Offenders.
139
to receive the fugitive criminal by the foreign State
from which the requisition for the surrender pro-
ceeded, and such fugitive criminal shall be surrendered
accordingly.
It shall be lawful for any person to whom such
warrant is directed, and for the person so authorised
as aforesaid, to receive, hold in custody, and convey
within the jurisdiction of such toreign State the
criminal mentioned in the warrant ; and if the criminal
escapes out of any custody to which he may be
delivered on or in pursuance of such warrant, it shall
be lawful to retake him in the same manner as any
person accused of any crime against the laws of the
Protectorate may be retaken upon an escape.
10. If the fugitive criminal who has been com-
mitted to prison is not surrendered and conveyed out
of the Protectorate within two months after such
committal, or, if a writ of habeas corpus is issued or
other like proceedings instituted, after the decision of
the Court upon the return to the writ, it shall be
lawful for any Judge of the High Court or Court of
Sessions, upon application made to him by or on
behalf of the criminal, and upon proof that reasonable
notice of the intention to make such application has
been given to the Governor, to order the criminal to
be discharged out of custody, unless sufficient cause
is shown to the contrary.
11. The warrant of the Magistrate issued in
pursuance of this Ordinance may be executed in any
part of the Protectorate in the same manner as if the
same had been originally issued or subsequently
endorsed by a Magistrate having jurisdiction in the
place where the same is executed.
12. Depositions or statements on oath, taken in
a foreign State, and copies of such original deposi-
tions or statements, and foreign certificates of or
judicial documents stating the fact of conviction, may,
if duly authenticated, be received in evidence in pro-
ceedings under this Ordinance.
13. Foreign warrants and depositions or state-
ments on oath, and copies thereof and certificates of
or judicial documents stating the fact of a conviction,
shall be deemed duly authenticated for the purposes
of this Ordinance, if authenticated in manner provided
Discharge of persons
apprehended, if not
out of Protectorate
within two months,
Execution of
warrant of the
Magistrate.
Depositions to be
evidence.
Authentication of
depositions and
warrants.
140
Laws of the Uganda Protectorate. [Cuap. 8.
Criminal surren-
dered by foreign
State not triable for
previous crimes.
As to the use of
forms in Second
Schedule.
for the time being by law or authenticated as
follows :—
(i.) If the warrant purports to be signed by
a Judge, Magistrate, or officer of the foreign
State where the same was issued ;
(ii.) If the depositions or statements, or the
copies thereof, purport to be certified under the
hand of a Judge, Magistrate, or officer of the
foreign State where the same were taken, to be
the original depositions or statements, or to be
true copies thereof, as the case may require ; and
(iii.) If the certificate of or judicial document
stating the fact of conviction purports to be
certified by a Judge, Magistrate, or officer of the
foreign State where the conviction took place ;
and if, in every case, the warrants, depositions,
statements, copies, certificates, and judicial docu-
ments (as the case may be) are authenticated by
the oath of some witness, or by being sealed with
the official seal of the Minister of Justice, or
some other Minister of State. And all Courts of
Justice and Magistrates shall take judicial
notice of such official seal, and shall admit the
documents so authenticated by it to be received
in evidence without further proof.
GENERAI PROVISIONS.
14. Where, in pursuance of any arrangement
with a foreign State, any person accused or convicted
of any crime, which, if committed in the Protectorate,
wouid be (by whatever name designated by the law of
the Protectorate) one of the crimes described in the
First Schedule to this Ordinance, is surrendered by
that foreign State, such person shall not, until he has
been restored or had an opportunity of returning to
such foreign State, be triable or tried for any offence
committed prior to the surrender in any part of His
Majesty’s Dominions or Protectorates other than such
of the said crimes as may be proved by the facts on
which the surrender is grounded.
15. The forms set forth in the Second Schedule
to this Ordinance, or forms as near thereto as circum-
stances admit, may be used in all matters to which
such forms refer, and when used shall be deemed to
be valid and sufficient in law.
Cuap. 8.] Extradition and Fugitive Offenders.
16. The testimony of any witness may be
obtained in relation to any Criminal matter pending
in any Court or tribunal in a foreign State in like
manner as it may be obtained in relation to any Civil
matter under the Act of the Session of the nineteenth
and twentieth years of the reign of Her late Majesty,
cap. 113, intituled “An Act to provide for taking
evidence in Her Majesty’s Dominions in relation to
Civil and Commercial matters pending before foreign
Tribunals,” and all the provisions of that Act shall be
construed as if the term ‘“ Civil matter” included a
Criminal matter, and the term “cause” included a
proceeding against a criminal : Provided that nothing
in this section shall apply in the case of any Criminal
matter of a political character.
17. The Governor may, by order under his hand
and seal, require a Magistrate or a Justice of the
Peace to take evidence for the purposes of any
Criminal matter pending in any Court or tribunal in
any foreign State, and such Magistrate or Justice of
the Peace, upon the receipt of such order, shall take
the evidence of every witness appearing before him
for the purpose in like manner as if such witness
appeared on a charge against some defendant for an
indictable offence, and shall certify at the foot of the
depositions so taken that such evidence was taken
before him, and shall transmit the same to the
Grovernor; such evidence may be taken in the
presence or absence of the person charged, if any,
and the fact of such presence or absence shall be
stated in such deposition.
Any person may, after payment or tender to him
of a reasonable sum for his costs and expenses in this
behalf, be compelled, for the purposes of this section,
to attend and give evidence and answer questions and
produce documents in like manner, and subject to the
like conditions, as he may in the case of a charge
preferred for an indictable offence.
Every person who wilfully gives false evidence
before a Magistrate or Justice of the Peace under
this section shall be guilty of perjury.
Provided that nothing in this section shall apply
in the case of any Criminal matter of a political
character.
18. For the purpose of this Ordinance every
constituent part of a foreign State and every colony,
141
Power of foreign
State to obtain
evidence in
Protectorate.
Power of taking
evidence in
Protectorate for
foreign Criminal
matters
Foreign State
includes
dependencies,
Laws of the Uganda Protectorate. [Cuap. 8.
Definition of terms.
Governor.
Crime in respect of
which surrender
may be granted.
Conviction.
Fugitive Criminal.
Fugitive Criminal
of a foreign State.
The Magistrate.
dependency, or protectorate of, and every vessel of
that State, shall be deemed to be within the juris-
diction of and to be part of such foreign State.
19. In this Ordinance, unless the context other-
wise requires :—
The term ‘ Governor” means the Officer for
the time administering the Government of the
Protectorate.
The term “crime in respect of which surrender
may be granted” means'a crime which would be
punishable by the law of the Protectorate, if com-
mitted in the Protectorate, and which would (by
whatever name designated by the law of the
Protectorate) be one of the crimes described in the
First Schedule to this Ordinance.
Provided that every person who is accused or
convicted of having counselled, procured, commanded,
aided or abetted the commission of any crime, or of
being accessory before or after the fact of any such
crime, shall be deemed, for the purpose of this
Ordinance, to be accused or convicted of having
committed such crime, and shall be liable to be
apprehended and surrendered accordingly.
The terms ‘‘ conviction ” and ‘‘ convicted ” do not
include or refer to a conviction which under foreign
law is a conviction for contumacy, but the term
“accused person” includes a person so convicted for
contumacy.
The term ‘“ fugitive criminal” means any person
accused or convicted of a crime in respect of which
surrender may be granted, committed within the
jurisdiction of any foreign State, who is in, or is
suspected of being in, or on the way to, some part. of
the Protectorate, and the term “ fugitive criminal of
a foreign State” means a fugitive criminal accused or
convicted of a crime in respect of which surrender
may be granted, committed within the jurisdiction of
that State.
The term ‘“‘ The Magistrate” means a Magistrate
exercising the powers of a Mazistrate of the First
Class under the provisions of The Code of Criminal
Procedure (Indian Act No. 5 of 1898), and empowered
by the Governor to exercise, either generally or in
any particular case, the powers conferred upon the
Magistrate by this Ordinance.
Cuap. 8.] Extradition and Fugitive Offenders. 143
The term ‘‘ Diplomatic Representative of a foreign Roma e,
State” includes any person recognized by the
Governor as a Consul-General, Consul, or Vice-Consul,
or as the officer administering the Government of
any possession, dependency, or protectorate of that
State.
The term ‘‘ Oath” includes affirmation. abl
The term “ warrant,” in the case of any foreign Warrant.
State, includes any judicial document authorising the
arrest of a person accused or convicted of crime.
The term “ Court” means the High Court of the
Protectorate.
H. HESKETHAH BELL,
Governor.
ENTEBBE,
3RD JUNE, 1908.
SCHEDULE (1).
List oF CRIMES.
Murder and attempt and conspiracy to murder.
Manslaugher.
Counterfeiting and altering money, and uttering counterfeit or
altered money.
Forgery, counterfeiting, and altering, and uttering what is
forged, or counterfeited, or altered.
- Embezzlement and larceny.
Obtaining money or guods by false pretences.
Offences by bankrupts against bankruptcy law, or any
indictable offence under the laws relating to bankruptcy.
Fraudulent misappropriations and fraud by a bailee, made
criminal by any Act of Parliament or Ordinance for the time being
in force.
Rape.
Abduction.
Child-stealing
Burglary and housebreaking.
Arson.
Robbery with violence.
Threats by letter or otherwise with intent to extort.
Piracy by law of nations.
Sinking or destroying a vessel at sea, or attempting or
conspiring to do so.
144 Laws of the Uyanda Protectorate. [CHap. 8.
Assault on board a ship on the high seas with intent to
destroy life or to do grievous bodily harm. .
Revolt or conspiracy to revolt, by two or more persons, on
board a sbip on the high seas against the authority of the master.
Offences against ‘‘ The Slave Trade Act, 1873,” or otherwise
in connection with the slave trade, committed on the high seas or
on land, or partly ou the high seas and partly on land.
Kidnapping and false imprisonment.
Perjury and subornation of perjury.
Bribery.
Any offence not before mentioned, being an indictable offence
under the following Acts of Parliament of 1861, or any of them,
or under any Act amending or substituted for the same :—
24 and 25 Vict., cap. 96. Larceny.
24 and 25 Vict., cap. 97. Malicious injuries to property.
24 and 25 Vict., cap. 98. Forgery.
24 and 25 Vict., cap. 99. False coining.
24 and 25 Vict., cap. 100. Murder and other offences
against the person.
Any other crime from time to time added by Act of Parlia-
ment to the list of crimes in the first Schedule to The Extradition
Act, 1870.
SCHEDULE (II).
Form oF ORDER oF GOVERNOR TO THE MAGISTRATE DULY
EMPOWERED TO HEAR THE CASE.
Wn
to the Magistrate at
Whereas, in pursuance of an arrangement with
?
referred to in a notice in the (razette, dated the day of
, 2 requisition has been made to me, , the
Governor of Uganda, by , the Diplomatic Representa-
tive of , for the surrender of , late of
, accused (07 convicted) of the commission of the
crime of within the jurisdiction of . Now
[ hereby, by this my order under my hand and seal, signify to you
that such requisition has been made, and require you to issue your
warrant for the apprehension of such fugitive, provided that the
conditions of The Fugitive Criminals Surrender Ordinance, 1908,
relating to the issue of such warrant are, in your judgment,
complied with
Given under the hand and seal of the undersigned, Governor
of Uganda, this day of , 19
Cuap. 8.] Extradition and Fugitive Offenders. 145
ForM oF WARRANT OF APPREHENSION BY ORDER OF GOVERNOR.
To all and each of the Police-Officers of the Uganda Police.
Whereas the Governor of Uganda, by order under his hand
and seal, hath signified to me that requisition hath been duly made
to him for the surrender of , late of , accused
(er convicted) of the commission of the crime of within the
jurisdiction of . This is therefore to command you in His
Majesty’s name forthwith to apprehend the said , pursuant
to The Fugitive Criminals Surrender Ordinance, 1908, wherever he
may be found in the Protectorate of Uganda, and bring him before
me or some other Magistrate duly empowered to hear the case, to
show cause why he should not be surrendered in pursuance of the
said Ordinance, for which this shall be your warrant.
Given under my hand and seal at , this day
of 19
Magistrate.
Form oF WARRANT OF APPREHENSION WITHOUT ORDER OF
GOVERNOR.
To all and each of the Police-Officers of the Uganda Police.
Whereas it has been shown to me, , that :
late of , is accused (07 convicted) of the commission of the
crime of , within the jurisdiction of . This is
therefore to command you in His Majesty’s name forthwith to
apprehend the said , and to bring him before me or some
other Magistrate, to be further dealt with according to law, for
which this shall be your warrant.
Given under my hand and seal at in , this day
of , 19
Magistrate.
Form oF WARRANT FOR BRINGING PRISONER BEFORE THE MAGISTRATE
DULY EMPOWERED TO HEAR THE CASE.
To , Police-Officer of the Uganda Police.
Whereas , late of , accused (or alleged to be
convicted of) the commission of the crime of , within the
jurisdiction of , has been apprehended and brought before
me. And whereas by The Fugitive Criminals Surrender Ordinance,
1908, he is required to be brought before a Magistrate duly
empowered to hear the case.
10
146 Laws of the Uganda Protectorate. [Cuap. 8.
This is therefore to command you, the said police-officer, in
His Majesty’s name forthwith to take and convey the said
to , and there carry him before the Magistrate duly
empowered to hear the case to show cause why he should not be
surrendered in pursuance of the said Ordinance, aud otherwise be
dealt with in accordance with law, for which this shall be your
warrant.
Given under my hand and seal at , this day
of ,19
Magistrate.
o
Form oF WARRANT OF COMMITTAL.
To , Police-Officer of the Uganda Police and to the keeper
of the
Be it remembered that on this day of , in the year
of Our Lord 19, , late of , is brought before me,
a Magistrate duly empowered to hear the case, to show cause why
he should not be surrendered in pursuance of The Fugitive Criminals
Surrender Ordinance, 1908, on the ground of his being accused (or
convicted) of the commission of the crime of within the
jurisdiction of , and forasmuch as no sufficient cause has
been shown to me why he should not be surrendered in pursuance
of the said Ordinance.
This is therefore to command you, the said police-officer, in
His Majesty’s name forthwith to convey and deliver the body of
the said into the custody of the said keeper of the
at , and you, the said keeper, to receive the said
into your custody, and him there safely to keep until he is thence
delivered pursuant to the provisions of the said Ordinance, for
which this shall be your warrant.
Given under my hand and seal at , this day
of 19
Magistrate.
Form oF WARRANT OF GOVERNOR FOR SURRENDER OF FUGITIVE.
To the keeper of and to
Whereas , late of , accused (07 convicted} of
the commission of the crime of within the jurisdiction of
, was delivered into the custody of you, , the
keeper of , by warrant, dated , pursuant to The
Fugitive Criminals Surrender Ordinance, 1908.
Cap. 8.] Extradition and Fugitive Offenders. 147
Now I do hereby, in pursuance of the said Ordinance, order
you, the said keeper, to deliver the body of the said into
the custody of the said , and I command you, the said
, to receive the said into your custody, and to
convey him within the jurisdiction of the said , and there
place him in the custody of any person or persons appointed by
the said to receive him, for which this shall be your
warrant. :
Given under the hand and seal of the undersigned, Governor
of Uganda, this day of 19
NOTICES.
NoTIFICATION UNDER THE FucitiveE Criminats SURRENDER ORDINANCE, 1908.
It is hereby notified for general information that under and by virtue of the
powers conferred upon him by Section 2 of “The Fugitive Criminals Surrender
Ordinance, 1908,” His Excellency the Governor has been pleased to direct that the
said Ordinance shall forthwith apply in the cases of the undermentioned Foreign
States and their Protectorates during the continuance of the arrangements made
between His Majesty the King and the rulers of such States under which the
Uganda Protectorate is to surrender fugitive criminals to such States or their
Protectorates.
List oF States REFERRED TO ABOVE.
Argentine Republic Ecuador Netherlands San Marino
Austria-Hungary France Nicaragua Servia
Belgium Guatemala Norway Spain
Bolivia Hayti Panama Sweden
Brazil Italy Peru Switzerland
Chile Liberia Portugal Tonga §
Colombia Luxemburg Roumania United States of
Cuba Mexico Russia America
Denmark Monaco Salvador Uruguay
ENTEBBE, GEORGE WILSON,
25TH Juxy, 1908. Deputy Commissioner.
Notice is hereby given that Tonga is withdrawn from the list of Foreign States
and their Protectorates to which the above-mentioned Ordinance was applied by
Notice dated the 25th July, 1908.
ENTEBBE, ALEXANDER BOYLE,
20rH Ocroser, 1909. Acting Governor.
» Withdrawn from list ; see notice, 20th October, 1909, following.
104
148 Laws of the Uganda Protectorate. [CHap. 9,
PART III.
LAWS RELATING TO THE MAINTENANCE OF
GOVERNMENT.
(a) —PUBLIC SERVANTS.
CHAPTER IX.
Pusiic SERVANTS.!
No. 27 of 1900. Acquisition of Land by Public Servants Regulations, 1900.
No. 14 of 1908. The Designation of Officers Ordinance, 1908.
No. 27 of 1900.
ACQUISITION OF LAND BY PUBLIC SERVANTS.’
By order of Her Majesty’s Secretary of State, dated 6th March,
1900, I hereby issue the following Regulations on the acquisition.
vt land by public servants.
1. No officer shall be allowed to acquire, or to be a part owner
of, any land in the Protectorate other than a garden or ground
attached to his dwelling-house, and not cultivated with a view to
the sale of the produce. He may not acquire, or be a part owner
in any Concession in the Protectorate, nor within the same territory
be the owner of house property other than a house for his own
occupation.
2. No officer shall be allowed to engage in commercial pursuits
or purchase shares in any local lan] company, or take part in the
management of any commercial undertaking, notwithstanding that
he may have invested money therein. Nor shall any officer make
or continue an investment which may interest him privately in an
affair or undertaking with which his public duty is connected. An
' For offences by or relating to public servants, see Chapters IX. and X. of The Penal Code.
As to procedure on prosecution for contempts of lawful authority of public servanis, see Section 195
of The Criminal Procedure Code. As to procedure on prosecution of public servants, see Section 197
of The Criminal Procedure Code. As to Civil suits by or against public officers, see Sections 416 to
429 of The Civil Procedure Code. : = = ae
? Dated 21st May, 1900.
Cuap. 9.] Public Servants. 149
officer should confidentially consult the Government concerning any
investment which may reasonably be open to doubt.
(The foregoing Regulation (1) applies to the holding of land
by an officer in the name or names of members of an officer’s
family. It does not apply to those officers who may become
possessed of land or houses by inheritance or demise, and not by
purchase. )
3. No officer shall be allowed to acquire, or to be part owner,
of any mines or mining rights in the Protectorate.®
4. Officers who are, however, at the date of the issue of this
Regulation, holding interests in land or in any commercial under-
taking, will not be forced to part with such interests at a heavy
sacrifice, but will be allowed to dispose of them when fair oppor-
tunities occur, except in any particular case in which the holding
of such interests may be specially objectionable.
H. H. JOHNSTON,
Her Majesty's Special Commissioner and
Commander-in-Chief.
Approved :
SALISBURY.
No. 14 of 1908.
DESIGNATION OF OFFICERS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as ‘‘ The Designation of Officers
Ordinance, 1908.”
2. Where in any Ordinance, Regulation, Proclamation, Rule,
Order, or Notice the words Commissioner, Deputy Commissioner,
Sub-Commissioner, Collector, or Assistant Collector occur they
shall be read and construed as though the words Governor, Chief
Secretary to the Government, Provincial Commissioner, District
Commissioner, and Assistant District Commissioner had been
substituted therefor respectively.
H. HESKETH BELL,
ENTEBBE, Governor.
24TH OcToBER, 1908.
3 As to the discovery of minerals by public servants, see Circular No. 25 of 1905, issued
by H.M,’s Commissioner .
150 Laws of the Uganda Protectorate. [Cuar. 9.
GENERAL APPOINTMENTS.
I hereby appoint the Collector, Entebbe, to be Deputy Sub-Cominissioner of the
Kingdom of Uganda, for the purpose of the issue, in the sub-district* of Entebbe, of
orders, permits, and licences under :—
The Uganda Fire-arms Regulations, 1896.
The Brokers Regulations, 1902.
The Cattle Disease Ordinance, 1902.
The Uganda Stamp Ordinance, 1903.
The Rules made under the Uganda Liquor Ordinance, 1903.
The Rules made under the Poisons Regulations, 1902.
J. HAYES SADLER,
ENTEBBE, H, M. Commissioner.
15TH OcrosBeErR, 1903.
I hereby appoint the Principal Registrar of Documents to be Deputy Sub-
Commissioner for the purpose of The Indian Stamp Act, 1899, as applied to Uganda
by The Uganda Stamp Ordinance, 1903.
GEORGE WILSON,
ENTEBBE, Acting Commissioner.
Ist Apri, 1905.
T hereby appoint the following persons to be Deputy Sub-Commissioners for the
purpose of the issue of permits within their administrative districts under Part L.,
and under Section 25 of The Uganda Arms Ordinance, 1906.
The Collector, Entebbe, in the Kingdom of Uganda.
The Collector, Gondokoro, in the Nile Province.
H. HESKETH BELL,
ENTEBBE, HH, M. Commissioner.
14TH May, 1906.
The Collector, Toro, to be Acting Sub-Commissioner of the Western Province for
the purposes of the following Ordinances, and of any Proclamations, Orders, Rules
and Notices under any of such Ordinances.
The Brokers Regulations, 1902.
The Uganda Mining Regulations, 1902.
The Poisons Regulations, 1902.
The Uganda Marriage Ordinance, 1902.
The Cattle Disease Ordinance, 1902.
The Uganda Stamp Ordinance, 1903.
The Uganda Liquor Ordinance, 1903.
The Native Labour Ordinance, 1905.
The Uganda Arms Ordinance, 1906.
The Uganda Game Ordinance, 1906.
ENTEBBE, GEORGE WILSON,
15tH Jury, 1907. Acting Commissioner.
The Assistant District Commissioner in charge of Entebbe shall be Acting
District Commissioner for Entebbe for the purposes of all Ordinances, Proclamations,
Orders, Ruies and Notices affecting Entebbe, other than the Subordinate Courts
Ordinance, 1902. '
ENTEBBE, STANLEY C. TOMKINS,
1l7tH Jury, 1909. Acting Governor.
4 Entebbo is a district; see proclamation of 5th April, 1907, post, page 897.
Cuap. 9.] Public Servants. 151
The District Commissioner, Hoima, to be Acting Provincial Commissioner of the
Northern Province for the purposes of the following Ordinances, and of any
Proclamations, Orders, Rules and Notices under any of such Ordinances.
The Brokers Regulations, 1902.
The Uganda Mining Regulations, 1902.
The Poisons Regulations, 1902.
The Uganda Marriage Ordinances, 1902.
The Cattle Disease Ordinance, 1902.
The Uganda Stamp Ordinance, 1903.
The Uganda Liquor Ordinance, 1903.
The Native Labour Ordinance, 1905.
The Uganda Arms Ordinance, 1906.
The Uganda Game Ordinance, 1906.
STANLEY C. TOMKINS,
Acting Governor,
ENTEBBE,
1l7ta Jury, 1909.
NOTICE.
ADMINISTRATIVE AREAS OF COLLECTORS.
The Collectors posted to the stations specified in the first column to the schedule
hereto have administrative charge of the Districts specified in the second column, and
may be assisted in their administration by Assistant Collectors.
Other stations in the administrative areas are shown in the third column.
THe SCHEDULE ABOVE REFERRED TO.
Collectorate. Districts. Other Stations.
Jinja .| Busoga.
Mbale .| Koromojo.
Bukedi.
Labor.
Turkwel.
Turkana.
Dabossa.
Fort Portal... ...| Toro.
Mbarara ...| Ankole.
Hoima ...| Unyoro ...| Masindi.
Nimule .| Acholi ...| Gondokoro.
Latuka ..| Koba.
Bari.
Langu.
Kampala .| Mengo .| Masaka.
Masaka .| Kakumiro.
Kakumiro.:
Entebbe .| Entebbe.
ENTEBBE, H. HESKETH BELL,
6TH June, 1908,
Governor.
Laws of the Uganda Protectorate. [Cuap. 10.
(b)—PRorectTIvE MEASURES.
CHAPTER X.
ARMS AND AMMUNITION.
No. 5 of 1906. The Uganda Arms Ordinance, 1906.
No. 7 of 1907. The Uganda Arms Amendment Ordinance, 1907.
Imported fire-arms,
&c., to be deposited
in public warehouse.
May be withdrawn
on permit.
No. 5 of 1906.
FIRE-ARMS. !
It is hereby enacted as follows :—
PART I.
INTRODUCTION OF ARMS AT PROTECTORATE Ports.
1. All fire-arms or ammunition introduced into
the Protectorate at any port shall be deposited at the
cost, risk, and peril of the owner in a public ware-
house.
2. No fire-arms and ammunition shall be with-
drawn from a public warehouse, except in accordance
with a permit in writing signed by a Sub-Commis-
sioner.”
1 The guiding principles for the importation of fire-arms and ammunition and
possession by natives were laid down in Article IX. of The Brussels Act, 1890.
The importation of -303 and 450 M.H. rifles and ammunition is prohibited,
see Notice 22nd May, 1909, Chapter 16, Customs, post, page 277.
Importers may be required to take out Game Licences : see Section 33 of
No. 9 of 1906, post, page 474.
Persons leaving the Protectorate are required to make a declaration of arms
and ammunition in their possession ; sec Notice 15th January, 1909, Chapter 16,
Customs, post, page 279.
For the use of arms in “closed districts’? see rules under The Uganda Out-
lying Districts Ordinance, 1$04, Chapter 14, vost, and Rules under the Uganda
Trade Ordinance, 1904, Chapter 32, post.
2 For persons exercising powers of Sub-Commissioners under this Ordinance,
see No. 14 of 1908, and notices of 14th May, 1906, 15th July, 1907, and 17th
July, 1909, Chapter 9, ante.
Cuap. 10.] Arms and Ammunition.
158
3. (i.) Before a permit for withdrawal for use in
the Protectorate is granted, every complete fire-arm,
and where the fire-arm is not complete, every part of
a fire-arm, and every package of ammunition shall be
stamped with a distinctive mark and number, and
registered according to such mark and number, and,
if necessary, according to any other existing marks
and numbers: Provided however that any fire-arm
or part of a fire-arm or package of ammunition that
has been registered in the East Africa Protectorate
under a law similar to this Ordinance need not be
again stamped and registered in the Uganda
Protectorate.
(ii.) A fee of one rupee shall be paid for stamping
and registering each fire-arm or part of a fire-arm or
case of ammunition.
4. (i.) No permit shall be granted for the with-
drawal of any fire-arms or ammunition intended for
exportation, unless the Sub-Commissioner is satisfied
(1) that they will be immediately exported to some
place beyond the limits of the prohibited zone, and
that they will not be fraudulently brought back into
any part of the said zone, or (2) that they are
destined to some place within such zone for the
service or with the approval of the Government
having authority there.
(ii.) The Sub-Commissioner may specify in the
permit the time within which the arms and ammuni-
tion are to be exported after withdrawal, and the
place or places in which the same are to be secured
in the interval.
5. No permit shall be granted for the with-
drawal of any arms of precision or any ammunition
suitable thereto intended for use within the Protec-
torate, unless the Sub-Commissioner is satisfied that
they will not be given, assigned or sold to any person
within the Protectorate except as provided in this
Ordinance. If the person applying for the permit
is a subject of any European Power, a declaration by
the competent authority of his Government that the
arms or ammunition are destined exclusively for his
personal defence will be accepted, and no other
security will be required.
6. A permit for the withdrawal of fire-arms or
ammunition (other than arms of precision and ammu-
Fire-arms, &c., to
be registered and
marked.
Registration fee.
Withdrawal for
exportation.
Withdrawa for usc
in Uganda.
Withdrawal for sale.
154
Luws of the Uganda Protectorate. [Cuap. 10,
Withdrawal for
killing game, &c.
Security.
Permit.
Storage.
Cleaning.
Permit not to be
granted till all
charges paid.
nition suitable thereto) intended for sale shall specify
the store or depot within which the same are to be
kept before sale, and the region or district in which
they may be sold.
7. The Sub-Commissioner may require any
person applying for a permit for the withdrawal of
any fire-arms or ammunition to be used by him for
the purpose of killing game or other animals to take
out a licence under ‘ The Uganda Game Regulations,
1900,” or any Ordinance in substitution therefor,
and may refuse. to issue the permit until such licence
is taken out.
8, Before issuing a permit, the Sub-Commissioner
may require such security to be given as he thinks fit
that the provisions of this Ordinance will be complied
with.
9. Every permit shall specify the number and
description of the fire-arms and ammunition
authorised to be withdrawn. The Sub-Commissioner
may in his discretion limit the number of fire-arms
and quantities of ammunition permitted to be with-
drawn at any one time.
10. The storage of fire-arms and ammunition in a
public warehouse shall be free of charge for six
months after deposit. Thereafter a rent of one anna
for each complete fire-arm, or each part of any incom-
plete fire-arm, and two annas for each package of
ammunition, will be payable for every month during
which the same is stored.
11. For the purpose of cleaning any fire-arms
deposited in a public warehouse, access at reasonable
times, to be fixed by the Sub-Commissioner, will be
given to the owner or his agent. Such cleaning may
be done at the owner’s request by the persons in
charge of the warehouse at reasonable charges to be
fixed by the Commissioner.
12. A permit for withdrawal shall not be granted
until all fees, rent and other charges are paid, and
where any such fees, rent or charges are in arrear and
unpaid for a period of six months, the fire-arms or
ammunition may be destroyed or otherwise disposed
of as the Sub-Commissioner, with the approval of
the Commissioner, may direct.
Cuap. 10.] Arms and Ammunition.
155
PART IT.
InTRoDUCTION oF ARMS BY LAND.
13. The introduction of arms and ammunition
into the Protectorate across the inland frontiers is
prohibited except in accordance with the provisions
of this part of this Ordinance.
14. Travellers provided with a declaration in
accordance with Article IX. of The Brussels Act by a
duly authorised otticial of the Government of the
country of which they are subjects or citizens, that
the arms and ammunition are destined exclusively for
their personal defence, may introduce into the Pro-
tectorate the arms and ammunition specified in the
declaration.
15, (i.) Porters, askaris or natives accompanying
a caravan entering the Protectorate may carry arms
and ammunition for the protection of the caravan,
provided that the number so carrying arms do not
exceed one for every ten ordinary porters.
(ii.) The leader of any such caravan shall report
to the nearest Government officer on the frontier,
or if there be none at the actual frontier, then at the
nearest Government station on or close to the route
followed by it, the exact number of rifles or other
arms carried by the men comprising it.
16. (i.) Any European wishing to lead an expedi-
tion of whatever nature overland into the Protectorate
from adjacent German, Congo, Abyssinian and
Soudan territory must, before such expedition is
permitted to pass the boundary of the Protectorate,
obtain permission for it to do so from the Commis-
sioner, or from the Sub-Commissioner, of the province
which it is proposed to enter.
(ii.) The application for such permission must be
addressed to the Collector of the district, and must
state the objects of the expedition and the number of
men and arms proposed to be introduced into the
Protectorate.
17. Any person introducing arms or ammunition
into the Protectorate in breach of this part of this
Ordinance shall be guilty of an offence, and the arms
and ammunition shall be liable to confiscation.
Importation by
land.
Who may import.
Caravans carrying
arms.
Expeditions into
Uganda must
obtain permit.
When importation
by land an offence.
156
Laws of the Uganda Protectorate. [Caar. 10,
Search of vessels
Ships when hailed
to heave to.
Hailing ships.
Procedure on
resistance.
Procedure where
illegal carriage of
arms suspected.
PART III.
Iuuicirt IntRopucTIon oF ARMS BY WATER.
18. The captain or officer of any vessel in the
public service of the Protectorate may board any ship,
vessel, or dhow in the territorial waters of the Pro-
tectorate, and may demand her papers, and may
search her for the purpose of seeing whether or not
she is carrying arms.
19. Any ship, vessel, or dhow which is hailed by
a vessel in the public service of the Protectorate shall
immediately heave to.
20. The captain or other officer of any vessel in
the public service of the Protectorate desirous of
making any vessel, ship, or dhow heave to, may hail
her, or may signal, or fire blank charge, or may fire a
shot across her bows, or take such other measures
as he may think necessary for compelling her to heave
to.
21. Any ship, vessel, or dhow disregarding the
signals or other proceedings referred to in section 20,
or attempting to escape, or in any way resisting being
boarded and searched, or in any way obstructing the
captain or other officer while acting in the execution
of his duty, may be seized and taken to Entebbe,
Jinja, or Nimule, and on proof of the facts to the satis-
faction of a Magistrate shall be forfeited, and all or
any of the members of the crew shall be liable to im-
prisonment of either kind not exceeding six months.
22. (1.) Any ship, vessel, or dhow refusing to
produce her papers, or without papers, or whose
papers are irregular, or which there is good reason to
believe has been illegally carrying arms, or has thrown
overboard arms that she was illegally carrying, may
he seized and taken to Entebbe, Jinja, or Nimule, and
a complaint laid before a Magistrate.
(ii.) If the Magistrate finds that the facts alleged
in the complaint are proved, he may make an order
detaining the ship, vessel, or dhow until a fine not
exceeding 2,000 rupees is paid, or may sentence all or
any of the members of the crew to imprisonment of
either kind not exceeding three months.
Cuar. 10.] Arms and Ammunition.
157
(iil.) If the Magistrate finds that the facts alleged
in the complaint are not proved, and that there was
no reasonable cause for seizing and bringing in the
ship, vessel, or dhow he may award compensation to
her owners and crew.
23. (i.) Any ship, vessel, or dhow found with
arms on board of her which are being illegally carried
may be seized and carried to Entebbe, Jinja, or
Nimule and dealt with as the Commissioner may
direct, and her crew shall be guilty of an offence and
liable to imprisonment of either kind not exceeding
six months.
(ii.) Any cargo not being illegally carried shall be
landed, and may be claimed by its owners at any time
within six months, or within such shorter time as the
Commissioner may by rule prescribe; if not claimed
within such period, it shall be dealt with as the Com-
missioner may direct.
(iii.) Any arms or other cargo being illegally
carried shall be forfeited and dealt with as the Com-
missioner may direct.
24. Any ship of His Majesty's Navy, and its
captain or officers, shall have all the powers conferred
by this part of this Ordinance on the captain or
officers of a vessel in the public service of the Pro-
tectorate.
PART IV.
DEALING IN Fire-Apns.
25. Arms of precision, and any ammunition
suitable to or intended for them, shall not be sold,
transferred or received within the Protectorate except
by permission of a Sub-Commissioner’ in writing,
signed by him on the note of sale or transfer, or
otherwise as seems fit.
26. If any person imports, exports, sells, buys,
transfers, keeps, uses, possesses’, or deals with any fire-
arms or ammunition in contravention of this Or dinance,
he shall be guilty of an offence.
27. Every person dealing in arms or ammunition
for sale (other than arms of precision and ammunition
suitable thereto) shall forward to the Commissioner
® See note ! above.
* The unlawful possession of K. A. R. and police arms and ammuuition is sub-
ject to penalty under Section 60 of No. 8 of 1902, post, page 852, and Section 69
of No. 1 of 1908, post, page 190.
Procedure where
illegal carriage of
arms found.
Vessels in public
service of
Protectorate to
include ships of
H. M. Navy.
Permission to sell,
&e., fire-arms.
When sale, &c., an
offence.
Persons dealing in
arms, &c., for sale to
make returns.
158
Laws of the Uganda Protectorate. (Cuap.. 10.
Special registration
of arms for sale.
Inspection of arms
for sale.
Gun Tax,
When payable.
Exemption to holder
of Game Licence,
a half-yearly return in the prescribed form at the pre-
scribed dates, giving the number and amount of the
arms and ammunition sold during the preceding period,
and the region or district for use in which they were
purchased, and also the number and amount of the.
arms and ammunition in stock.
28. All fire-arms imported solely for the purpose:
of sale shall be registered as such at the office of a
Sub-Commissioner.
29. A Sub-Commissioner, or such person or
persons as may be appointed by a Sub-Commissioner
tor the purpose, shall have power at all times to in-
spect any firearms possessed solely for the purpose
of sale.
PART V.
Gun Tax.
30. Every person in. the Protectorate who pos-
sesses, uses, or carries a fire-arm, and is not provided
with a licence under the Game Regulations in force in
the Protectorate, shall pay a yearly tax (hereinafter
called the Gun Tax) of 3 rupees in respect of each fire-
arm so possessei, used, or carried by him’: Provided
that no tax shall be payable in respect of a fire-arm
possessed by a recognised dealer in fire-arms solely for
the purpose of sale within the Protectorate, and that
the holder of a Bird Licence under The Birds Protec-
tion Regulations, 1901, or any Ordinance in substitution
therefor, shall not be required to take out a licence in
respect of any one smooth bore shot gun.
31. The Gun Tax shall be payable upon the day
the fire-arm is withdrawn from the public warehouse
under Part I. of this Ordinance, or introduced into the
Protectorate under Part II. of this Ordinance, or, if
acquired in the Protectorate, on the day on which it
first comes intothe possession of any person, and there-
after upon the 1st January in every succeeding year
during which it remains therein.
32. Persons holding licences under The Game
Regulations, or any Ordinance in substitution therefor,
5 See No. 7 of 1907, following, page 163.
In Buganda, Toro, and Ankole special provisions are made with regard to
Gun Tax in the case of certain chiefs; see The Uganda Agreement, Article 12,
and the Toro and Ankole Agreements, and notes at end thereof, Appendix B.
Cnap: 10.] Arms ani Ammunition.
159
shall be exempt from the Gun Tax, and any person
who has paid such Gun Tax, and who may be allowed
thereafter to take out a licence under such Regulations
or Ordinance shall have such sum as he shall have
paid in respect of Gun Tax, due on or after the Ist,
January immediately preceding the date of such
licence, deducted from the cost thereof.
33. Persons holding licences under The Birds
Protection Regulations, 1901, or any Ordinance in
substitution therefor, shall be exempt from the Gun
Tax in respect of any one smooth bore shot gun, and
any person who has paid such Gun Tax, and who may
be allowed thereafter to take out a Bird Licence, shall
have the sum paid for such tax, due on and after the
lst January immediately preceding the date of his
Bird Licence, deducted from the cost thereof.
34. His Majesty’s Commissioner may, by agree-
ment with the King and Chiefs of any Kingdom, pro-
vince, or district, extend to the natives ofsuch Kingdom,
province, or district, the right to register five guns on
any one licence.®
35. No person residing in or passing through the
Protectorate may own, possess, use, or carry any
cannon or machine gun without a special licence by
His Majesty’s Commissioner. Every cannon or machine
gun which at the date of this Ordinance is not held
under such special licence must be forthwith re-
exported or delivered to His Majesty’s Commissioner
for safe custody. In default thereof, the same may
be seized by or under the orders of any officer of the
Administration, and any Magistrate may, after due
enquiry, declare the same to be forfeited, and the
person possessing such cannon or machine gun shall
pay all costs incurred in and about the seizure and
forfeiture of the said cannon or machine gun.
36. A gun in respect of which a licence has been
obtained by any Chief or employer may be used or
carried under such licence by any follower or servant
of his for any lawful purpose.
37. Notwithstanding anything hereinbefore con-
tained it shall be lawful for any person to use and
carry a duly registered gun lent to him for the tem-
porary purpose of destroying any venomous snake,
6 See Agreements, Appendix B.
Exemption to holder
of Bird Licence.
Power to permit
natives to register
five guns on one
licence.
Cannons and
toachine guns.
Use, &c., of guns
by followers and
servants.
Guns lent, when
may be used.
160
Laws of the Uganda Protectorate. [Cuap. 10,
East Africa
licences valid in
Uganda.
Collector to endorse
East Africa licences.
Exemptions.
Search Warrants.
crocodile, or other reptile, and no person shall be con-
victed of a breach of this Ordinance if he shall satisfy
the Magistrate before whom he is charged that he
was using or carrying the gun for such purpose only.
38. When a licence has been granted in the East
Africa Protectorate under The Gun Tax Regulations,
1902, or any Regulations or Ordinance amending the
same, or under any Regulation or Ordinance exempt-
ing the holder from taking out a licence under the said
Gun Tax Regulations, or any amendment thereof, that
licence shall have the same force and effect in the
Uganda Protectorate in all respects as if the licence
had been granted under this Ordinance, provided that
such licence shall be first endorsed by a Collector or
other officer of the Uganda Protectorate duly auth-
orised to grant licences under this Ordinance.
39. The Collector or other duly authorised officer
before whom the licence mentioned in the last section
is produced shall endorse the same with a note that
the licence has been produced before him, and shall
append the date of production and his signature thereto.
40. This Ordinance shall not apply to any officer
or servant in the Government employment in respect
of his carrying or using a gun, when so required, for
the purpose of his duties as such officer or servant, nor
to any member of Rifle Corps formed under The
Uganda Volunteer Reserve Ordinance, 1903, in respect
of a rifle issued by the Government to him, and no fee
shall be charged for registration of any one military
rifle of the pattern used by the regular troops, imported
by a member of such a corps for the purpose of the
Volunteer Reserve, nor for the registration of any one
revolver or pistol possessed by a public officer or ser-
vant, and no tax shall be leviable in respect of such
military rifle, revolver, or pistol.
PART VI.
GENERAL.
41. It shall be lawful for any Magistrate, if
satished by information on oath that any fire-arms or
ammunition are being unlawfully kept, conveyed,
landed, or sold in contravention of this Ordinance at
any place, whether a building or not, or in any ship
or vehicle, to grant a warrant to enter at any time,
Cuap. 10.] Arms and Ammunition.
and, if need be, by force, on Sundays as well as on
other days, the place, ship, or vehicle named in such
warrant, and every part thereof, and to examine the
same, and to search for any fire-arms or ammunition
unlawfully kept therein, and to demand from the
owner or occupier thereof the production of his licence
or authority for keeping, conveying, landing, or selling
the same.
42. When the officer or other person executing
such warrant has reasonable cause to believe that any
fire-arms or ammunition found by him in any such
place, ship, or vehicle are being kept, conveyed, landed,
or sold in contravention of this Ordinance, he may
seize and detain the same until a Magistrate has °
decided whether they are liable to be forfeited or not.
45. Any person acting under such warrant shall
not be liable to any suit for seizing or detaining any
fire-arms or ammunition, subject, or presumably
subject, to the provisions of this Ordinance.
44, Fire-arms and ammunition belonging to, or
imported for the use of, the Government of the Pro-
tectorate are exempted from the provisions of this
Ordinance, but any person unlawfully possessing or
dealing with any such fire-arms or ammunition shall,
nevertheless, be guilty of an offence against this
Ordinance, and punishable accordingly.
45. Every officer of the Uganda Protectorate
shall be permitted to introduce one rifle, one shot gun,
one revolver, and 300 rounds of ammunition into the
Protectorate free of duty.
46. Any person contravening any provision of
this Ordinance shall be guilty of an offence, and shall,
on conviction, be liable to a fine not exceeding
1,500 rupees, or imprisonment, which may extend to
twelve months, of either kind, and all the fire-arms,
paits of a fire-arm, or ammunition in respect of which
the offence is committed may be forfeited.
47. In this Ordinance—
?
“ Fire-arm” means any cannon, gun, rifle,
machine-gun, or other fire-arm, whether whole or in
detached pieces.
“ Ammunition” means any gunpowder, cartridges,
balls, caps, and any other materials for loading fire-
arms.
11
Seizure of arms, &c.
Person executing
warrant not liable
tu suit.
Exemptions of
Government
arms, &c.
Exemption to public
officers.
Penalties.
Interpretation,
162 Laws of the Uganda Protectorate. [CHae. 10
“ Arms of precision” means any breechloading
or other rifle, or any magazine-guii or machine-gun.
‘Public warehouse ” means any building or place
which the Commissioner shall by proclamation appoint
for the deposit and storage of fire-arms and ammuni-
tion, and for the other purposes of this Ordinance.
‘‘Sub-Commissioner” means, in relation to any
province of the Protectorate, the Sub-Commissioner
of that. province.
“Prohibited zone” means the zone specified in
Article VIII. of The Brussels Act.
Repeals 48. In so far as they are not repealed the follow-
ing enactments are hereby repealed :—
The Uganda Fire-arms Regulations, 1896,
No. 2 of 1895-1900.
The Uganda Gun Licence Regulations, 1902,
No. 11 of 1902.
The Trade in Fire-arms Ordinance, 1904,
No. 6 of 1904 (except as regards ex-
plosives. )
The Uganda Gun Licence Ordinance, 1904,
No. 9 of 1904,
Panett 49. This Ordinance may be cited as “The Uganda
Arms Ordinance, 1906.”
GEORGE WILSON,
Acting Commissioner.
ENTEBBE,
10TH Marcn, 1906.
PROCLAMATION.
Unprr Tue Ucanpa Arms Orpinancr, 1906.
I hereby appoint as “ public warehouses” for the purposes of The Uganda Arms
Ordinance, 1906 :—
The Military Stores... ae nts ... Entebbe.
The Collectorate si sd th .... Gondokoro.
The Collectorate aa uae ae ... Jinja.
The Collectorate sacs oe . Nimule.
or any buildings that the Collectors of the said stations may respectively appoint for
that purpose within their stations.
Given at Entebbe this 14th day of May, 1906.
H. HESKETH BELL,
HM, Commissioner.
Cuap. 10.] Arms and Ammunition. 163
No. 7 of 1907.
FIRE-ARMS.
It is hereby enacted as follows :—
1, This Ordinance may be cited as “The Uganda Arms
Amendment Ordinance, 1907.”
2. The yearly Gun Tax imposed by the Uganda Arms Ordinance,
1906, Section 30. is hereby reduced from three rupees to two rupees
in respect of each fire-arm possessed, used or carried by a native of
the Protectorate solely within any province, district or sub-division
of the Protecturate to which this Ordinance is applied as hereinafter
mentioned.
3. The Governor may, subject to the approval of the Secretary
of State, apply this Ordinance by Proclamation to any province,
district or sub-division of the Protectorate.
ENTEBBE, H. HESKETH BELL,
14rH Decemser, 1907. Governor.
PROCLAMATION.
Unper THe Ucanpa Arms AMENDMENT ORDINANCE, 1907.
I hereby apply the provisions of The Uganda Arms Amendment Ordinance, 1907,
to the Northern and Eastern Provinces of the Uganda Protectorate.
ENTEBBE, H. HESKETH BELL,
147TH DecemBer, 1907. Governor.
164 Laws of the Uganda Protectorate. [Crap 11,
CHAPTER XI.
DEPORTATION AND REMOVAL.
4
The Uganda Order in Council, 1902, Articles 24 to 27, made provision for the
removal and deportation of certain convicted prisoners and other persons.”
The Colonial Prisoners’ Removal Act, 1884, was applied to the Protectorate by
Article 80 of The Africa Order in Council, 1889, and The Colonial Prisoners’ Removal
Order in Council, 1907, provided for the removal and return of prisoners and criminal
lunatics under that Act.!
No. 5 of 1907. The Uganda Removal of Undesirable Natives Urdinance, 1907.
No.15 of 1908. The Uganda Deportation Ordinance, 1908.
No. 5 of 1907.
REMOVAL OF UNDESIRABLE NATIVES.
It is hereby enacted as follows :—
Short title.
1. This Ordinance may be cited as “ The Uganda
Removal of Undesirable Natives Ordinance, 1907.”
2. In this Ordinance the expression ‘“ Native”
shall mean a native of the Protectorate.
Interpretation.
Sub-Commissioner
ee te 3. Where it is shown to the satisfaction of the
Hae eee Sub-Commissioner of the province in which a district
to which this Ordinance has been applied is situate,
that any native who is not a native of that district,
or who in the opinion of the Sub-Commissioner is not
a native of that district, is conducting himself so as
to be dangerous to peace and good order in such
district, the Sub-Commissioner may, if he thinks fit,
by order under his hand, order such native to leave
such district and not to return to such district within
such time as shall be respectively specified in the
order.
ebetcmer 4, An appeal shall not lie against an order made
under this Ordinance.
1 For the deportation of vagrants, see No. 2 of 1909, Chapter 46, post,
2 Appendix A, page 893.
* Appendix A, page 916,
Cuap. 11.] Deportation and Removal. 165
5. The Sub-Commissioner shall forthwith report §%b;Conmmissioner
toreport to .
to the Commissioner every order made by him under Commissioner, who,
this Ordinance, and the grounds thereof, and the ™*
proceedings thereunder, and such order may be
varied or rescinded by the Commissioner as to the
Commissioner seems fit in accordance with the pro-
visions of this Ordinance.
6. If such native fails to leave such district Penalty.
within the time specified by the order, or having left
such district returns to such district without the
permission of the Sub-Commissioner while such order
is in force, he shall be deemed guilty of an offence, and
liable on conviction to be punished with imprisonment
of either description for a term which may extend to
three months, or with a fine not exceeding 300 rupees,
or with both, and he shall also be liable to be again
ordered to leave the district whether he shall have
been punished under this section or not.
7. The Commissioner may by proclamation apply Application of
this Ordinance to any district in the Protectorate.
ENTEBBE, GEORGE WILSON,
21st OcToBER, 1907. Acting Commissioner.
PROCLAMATION.
Unper THe Ucanpa Removat or UNDESIRABLE Natives OrpDINANCE, 1907.
I hereby apply The Uganda Removal of Undesirable Natives Ordinance, 1907,
to the District of Bukedi.
ENTEBBE, GEORGE WILSON,
2lsr Ocroprer, 1907. : Acting Commissioner.
No. 15 of 1908.
DEPORTATION.
It is hereby, with the approval of the Secretary of State,
enacted as follows :—
_ L. This Ordinance may be cited as “The Uganda Deporta-
tion Ordinance, 1908.”
_ 2. Where it is shown by evidence on oath to the satisfaction
of the Governor, that any person is conducting himself so as to
166 ‘ Luws of the Uganda Protectorate. [Cuap. 11,
be dangerous to peace and good order in any part of the
Protectorate, or is endeavouring to excite enmity between the
people of the Protectorate and His Majesty, or is intriguing
against His Majesty’s power and authority in the Protectorate,
the Governor may, if he thinks fit, by order under his hand and
official seal, order that person to be deported from any part of
the Protectorate to any other part of the Protectorate.
3. An appeal shall not lie from an order of deportation
made under this Ordinance.
4. If any person deported under this Ordinance returns to
the part of the Protectorate from which he has been deported
without the permission in writing of the Governor (which per-
mission the Governor may give), he shall be deemed guilty of
an offence, and liable, on conviction, to imprisonment for any
period not exceeding three months, with or without a fine not
exceeding 500 rupees; and he shall also be liable to be forthwith
again deported.
5. The Governor, by order under his hand and official seal,
may vary or rescind any order of deportation made under this
Ordinance.
6. The Governor shall forthwith report to the Secretary of
State every order made, and every permission given, by him under
this Ordinance, and the grounds thereof, and the proceedings
thereunder.
7. Where, under this Ordinance, a person is to be deported,
he shall by warrant of the Governor, under his hand and seal, be
detained if necessary, in custody or in prison, until a fit opportunity
for his deportation occurs.
8. The warrant of the Governor shall be sufficient authority to
the person to whom it is directed or delivered for execution to
receive and detain the person therein prescribed, and to carry him
to the place therein named, according to the warrant.
9. The expenses of deportation, including expenses of mainte-
nance, shall be defrayed in such manner as the Governor directs.
ENTEBBE, H. HESKETH BELL,
20TH November, 1908. Governor.
Cuap. 12.] Police. 167
CHAPTER XII.
POLICE.*
No. 1 of 1908. The Uganda Police Ordinance, 1908.
No. 10 of 1908. The Uganda Identification of Prisoners’ Ordinance, 1908.
No. 1 of 1908.
POLICE.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Uganda mode of Citation.
Police Ordinance, 1908.”
2. In this Ordinance the following words and
expressions shall have the meaning assigned to them,
unless there be something in the subject or context
repugnant to such construction, that is to say :—
The word “ Police” shall mean the Officers and
Men of the Police force constituted under this Ordi-
nance, and the word “ Police-officer ” shall apply to
any person who is a member of such Police force.
The words “Inspector-General” shall mean
“Inspector-General of Police.”
The words “ Deputy Inspector-General” shall
mean “ Deputy Inspector-General of Police.”
The words “ District Superintendent ” shall mean
a District Superintendent of Police.
The word “ Inspector ” shall include an Inspector
of Police and an Assistant Inspector of Police,
The words “ Officer of the Police” shall mean
any Police-officer above the rank of Inspector.
1 For Cantonment Police, see Chapter 53, post, page 864; as to the wearing
of Police uniforms, see Chapter 54, Uniforms, post; as to the powers and
duties of Police, see also The Criminal Procedure Code; as to inquiry into the
deaths of persons while in the custody of the Police, see Section 176 of The
Criminal Procedure Code. ’
Interpretation
Clause.
168
Luws of the Uyanda Protectorate. [Cuap. 12,
Constitution of
Police.
Police force to
act as a Police
throughout the
Protectorate.
Superintendence
in Governor.
Constitution of
Force.
The word “cattle” shall, besides horned cattle,
include elephants, horses, asses, mules, sheep, goats
and swine.
The word “ carriage ” shall include any wheeled
vehicle however propelled, except a railway engine,
carriage or truck.
CONSTITUTION AND GOVERNMENT.
3. The Police shall be formally enrolled, and shall
consist of such number of officers, non-commissioned
officers and constables, and shall, subject to the
conditions of this Ordinance, or any other law for the
time being in force, be constituted in such manner,
and shall receive such pay, as shall from time to time
be ordered by the Governor.
4. The Police shall act as a Police in and
throughout the Uganda Protectorate for preserving
the peace and preventing crime, and apprehending
offenders against the peace, and as a military force
when called upon to discharge military duties in
manner hereinafter appearing.
5. The superintendence of the Police throughout
the Protectorate shall vest in the Governor, and
except as authorised under the provisions of this
Ordinance, no person, officer or court shall be em-
powered by the Governor to appoint, supersede or
control any Police functionary.
6. The Police shall, unless otherwise ordered,
consist of the following :--
An Inspector-General.
A Deputy Inspector-General.
District Superintendents.
Inspectors.
Assistant Inspectors.
Sergeant-Majors.
Sergeants.
Corporals.
Ist Class Constables.
2nd Class Constables.
3rd Class Constables.
The Governor may also cause such number of
men as he shall think fit to be enrolled as a Water
Police, and may by Rules provide for the constitution
or otherwise thereof. Such Water Police shall be
Cuap. 12.] Police,
169
Police-officers within the meaning of this Ordinance,
and shall perform such duties as the Inspector
General, subject to the approval of the Governor,
may from time to time direct.
7. (1) The Administration of the Police through-
out the Protectorate shall be vested in the Inspector-
General and in such Deputy Inspector-General as to
the Governor shall seem fit.
(2) The Administration of the Police in a station
or district shall, subject to the general control and
direction of the Civil officer in charge of such station
or district in matters of a political nature, be vested
in a District Superintendent.
In the event of a difference of opinion arising
between such Civil officer and an officer of the Police
on a matter of a political nature, or on a matter which
is in the opinion of such Civil officer of a political
nature, the directions of such Civil officer shall be
carried into effect.
(3) In any station or district where there shall
be no officer of the Police but there shall be an
Inspector, the command of the Police in such station
or district shall, subject to the general control and
direction of the Civil officer in charge of such station
or district, be vested in such Inspector.
(4) In any station or district where there shall
be no officer of the Police, or Inspector in charge of
Police, the Police from time to time posted within
such station or district shall be under the orders of
the Civil officer in charge of such station or district,
who, in respect of the discipline, distribution and
interior economy thereof, shall have regard to the
directions of the Inspector-General. Provided that
nothing in this Ordinance contained shall be deemed
to render any such Civil officer a Police-ofticer.
8. Save as herein expressly provided, nothing in
this Ordinance shall be deemed to affect any of the
powers of Magistrates in relation to the Police con-
tained in the Indian Civil and Criminal Procedure
Codes and the Indian Penal Code, as applied to the
Protectorate.
9. Officers of the Police shall from time to time
be appointed by a Secretary of State, or by the
Governor with the sanction of a Secretary of State,
Inspector-General
of Police.
District Superin-
tendents, &c.
Relations with
Civil Authorities.
Places where there
is no officer of the
Police.
Powers of
Magistrates not
to be affected
Appointment of
officers of Police.
170
Laws of the Uganda Protectorate. [Cuar, 12.
Appointment of
other Police-
officers.
Governor may
make rules.
Inspector-Geueral
may issue instfuc-
tions and directions.
Inspector-General
to have commaud
of Police.
Powers of Deputy
Inspector-General,
Command of
Police in case of,
active service.
yore
Responsibility of
Inspector-General
for stores.
and may be removed by a Secretary of State. In-
spectors shall be appointed and may be removed by
the Governor.
10. The appointment of all Police-officers other
than those mentioned in Section 9 of this Ordinance
shall, under such rules as the Governor shall from
time to time sanction, rest with the Inspector-General,
the Deputy Inspector-General and the District
Superintendents.
11. The Governor may make such rules consistent
with this Ordinance, and subject to the provisions
thereof, as he may from time to time deem expedient,
and the Inspector-General may from time to time
issue such instructions and directions in accordance
with this Ordinance, and subject to the provisions
thereof or any rules made thereunder, respecting the
enlistment, discipline, discharge, training, arms and
accoutrements, clothing and equipment of the Police,
the prevention of contagious diseases, and all other
matters connected therewith as may be required for
promoting the discipline thereof, and direct the em-
ployment and distribution of the Police in the
Protectorate, as to him shall seem meet, subject to
the direction of the Governor.
12. The Inspector-General, subject to the orders
and directions of the Governor, shall have the com-
mand and direction of the Police, and may from time
to time make such appointments, promotions and re-
ductions in native ranks and grades as he may think
fit. Any act or thing waich may be done, ordered or
performed by the Inspector-Geueral may, subject to
the orders and directions of the Inspector-General, be
done, ordered or performed by the Deputy Inspector-
General.
13. When called upon to serve with the regular
troops, or when a state of active service has been
declared, the Police shall be under the command and
subject to the orders of the senior military officer
present : but the Police unit shall for the purposes of
interior economy and discipline remain under the’
command of the Inspector-General or such other
officer of the Police as may be present.
14. The Inspector-General shall be charged with
and accountable for all public stores of whatever
Cuap. 12.] Police.
171
description belonging to or appertaining to the Police
at Head-quarters, in case of their being lost, spoiled,
or damaged, otherwise than by unavoidable accident,
theft, robbery or actual service, or by being destroyed
or otherwise disposed of under sections 19 and 49
hereof.
15. Every officer of the Police or Inspector in
charge of Police and every Civil officer in charge
of any station or district where there is a detachment,
but no officer of the Police or Inspector in charge
of the Police, shal] be charged with the arms, accoutre-
ments, ammunition, clothing, and all other public
stores, and with all public moneys issued and delivered
for the use of the Police under his command, and
shall account for such arms, accoutrements, ammuni-
tion, clothing and stores and all public moneys in case
of their being lost, spoiled, or damaged, otherwise
than by undvoidable accident, theft, robbery, or
actual service, or by being destroyed or otherwise
disposed of under sections 19 and 4y.
16. The Quartermaster shall account to the
Inspector-General for all arms, ammunition, clothing,
equipment, or other stores appertaining to the Police,
and shall issue the same under the directions of the
Inspector-General, or in accordance with such regula-
- tions as the Governor may from time to time prescribe.
17. A Court of Enquiry, consisting of two Officers
of the Government, either Police, Civil or Military,
shall, except as hereinafter mentioned, be held in all
cases in which deficiencies, loss, or damage are dis-
covered in connection with arms, ammunition. clothing,
equipment or stores belonging to the Police. The
Court shall proceed to ascertain the cause of the
‘deficiency, loss or damage, and the individuals, if any,
upon whom the responsibility rests, and in such case
shall make a recommendation for the recovery of the
value of articles found deficient, lost or damaged, aud
whether it is necessary to replace them. The pro-
ceedings of the Court shall be forwarded to the
Inspector-General, who shall thereupon submit the
matter to the Governor with a recommendation for
final orders and direction. Provided that when the
deficiency, loss or damage is less than Rs. 20/- the
Officer in charge of the Police may deal with the
matter as if he himself constituted a Court of Enquiry,
Responsibility of
Officers Command
ing for stores.
Duties of Quarter-
master,
Court of Enquiry:
deficiencies, &c., of
arms and
equipment.
172
Laws of the Uganda Protectorate. [Cuap. 12.
Court of Enquiry :
old or worn out
arms and equip-
ment.
Destruction of
infectious clothing,
&e.
Accounts.
and should he find any member of the Police respon-
sible he niay recover the amount from the person so
responsible.
18. A similar Court shall be held in all cases,
except as hereafter mentioned, in which arms, ammu-
nition, clothing, equipment or stores are old, worn out,
or otherwise useless, and the Court shall proceed to
ascertain the fact of their uselessness and make an
order for the disposal thereof ; and where the order
affects clothing of a less value than Ks. 20/- the order
nay be put into effect immediately, and the proceed-
ings forwarded to the Governor through the Inspector-
General; but in all other cases the order and pro-
ceedings shall first be forwarded to the Governor
through the Inspector-General for confirmation of the
order ; or for such other order as the Governor may
deem fit to make.
19. In all cases in which a Medical Officer shall
certify under his hand that there is danger of
infection from any clothing, equipment, or stores
belonging to the Police, the officer so certifying shall
make an order for the disinfection, destruction or
other disposal of the said articles, which shall be
carried out immediately, and the certificate and order
forwarded to the Governor through the Inspector-
General.
In the absence of a Medical Officer, the Officer
in charge of the Police shall be guided by the Rules
made under “The Infectious Diseases Ordinance,
1902.”
20. The pay lists or other vouchers of the
Police shall be made up by the Officer of Police or
Inspector or Civil officer in charge of the Police in.
any station or district and rendered to the officer of
the Treasury at such station or district, and in case
there shall be no such officer of the Treasury, to the
Civil officer in charge of such station or district, who
shall pay the amount appearing due on snch pay
lists or other vouchers, and account for the same to
the Treasurer in due course. :
The Governor may at any time appoint a Pay-
master of the Police, and, upon such appointment
being made, moneys payable in respect of pay or
other expenses of the Police shall be paid, and
Cap. 12.] Police. 173
accounts thereof shall be kept and rendered, in such
manner as the Governor shall by Rules direct.
21. Every Officer of the Police or Inspector in _ Police-oficers to
eep prescribed
charge of Police in any station or district shall keep
a general Diary or Occurrence Book in such form as
shall from time to time be prescribed by the Inspector-
General, subject to the orders of the Governor, and
record therein all complaints and charges preferred,
the names of all persons arrested, the names of the
complainants, the offences charged against them, the
weapons or property that shall have been taken from
their possession or otherwise, and the names of the
witnesses who shall have been examined : and shall also
keep such further books and records and render such
returns to the Inspector-General as the Inspector-
General, subject to the orders of the Governor, shall
from time to time direct.
22. The Governor may direct the submission of
such returns by the Inspector-General and other
Police-officers as to the Governor shall seem proper,
and may prescribe the form in which such returns
shall be made.
23. The Civil officer in charge of any station or
district ‘where there is a detachment of Police, but no
Officer of the Police or Inspector, shall keep such
books and make such returns as the Governor shall
from time to time direct.
24, Every Police-officer shall, for all purposes
in this Ordinance contained, be considered to be
always on duty, and may at any time be employed as
a Police-ofticer in any part of the Protectorate.
25. It shall be the duty of every Police-officer
promptly to obey and execute all orders and warrants
lawfully issued to him by any competent authority ;
to collect and communicate intelligence affecting the
public peace ; to prevent the commission of offences
and public nuisances ; to detect and bring offenders
to justice, and to apprehend all persons whom he is
legally authorised to apprehend, and for whose appre-
hension sufficient ground exists: and it shall be lawful
for every Police-officer, for any of the purposes
mentioned in this section, without a warrant, to enter
and inspect any drinking-shop, gaming- -house or other
place of resort of loose and disorderly characters.
books and make
returns,
Governor may
prescribe form of
returns.
Civil officer in
charge of Police to
keep books and
make returns as
Governor may
direct.
Police-officers
always on duty,
and may be
employed in any
part of the
Protectorate.
Duties of Police-
officers.
174
Laws of the Uganda Protectorate. [Cuap. 12
Police-officer may
lay information, &c.
Power to search
bundles, &c.
Accounting for
possession of
property.
Power of Police-
officers to inspect
licences,
Suspension of
Police-officer,
effect of.
26. It shall be lawful for any Police-officer to lay
any information before a Magistrate, and to apply for
a summons, warrant, search-warrant or such other
legal process as may by law issue against any person
committing an offence.
27. Upon reasonable suspicion that any bundle,
pack, bag, trunk or case, carried or conveyed in any
manner by any person, contains any article or thing
which is stolen property, or the possession of which by
such person is a contravention of any law or regula-
tion, any Police-officer may at any time open and
inspect such bundle, pack, bag, trunk or case; and
any such person who refuses to allow a Police-ofticer
to open or inspect such pack, bundle, bag, trunk or
case, or prevents or attempts to prevent him from
opening or inspecting the same, shall be liable for each
offence to a penalty of fifteen rupees, or imprison-
ment, with or without hard labour, for a period not
exceeding eight days, or to both.
28. Whoever has in his possession, or conveys in
any manner, any article or thing which may be
reasonably suspected of being stolen or fraudulently
obtained, shall, if he fails to account satisfactorily how
he came by the same, be liable to a penalty not
exceeding one hundred rupees, or to imprisonment,
with or without hard labour, for any term not
exceeding two months.
29. (1) A Police-officer may stop and detain
any person whom he sees or suspects of doing any
act or thing for which a licence is required by the
provision of any Ordinance or other law or regulation,
and may require such person to produce his licence.
(2) Any person who shall fail to produce
such licence when called upon by a Police-ofticer may
be arrested without a warrant, unless he shall give his
name and address, and shall otherwise satisfy the
Police-officer that he will duly answer any summons
or other proceedings which may be taken against
him.
30. A Police-ofticer shall not by reason of being
suspended from office cease to be a Police-officer.
During the term of such suspension the powers,
functions and privileges vested in him as a Police-
officer shall be in abeyance, but he shall continue sub-
Cuap. 12.] Police.
ject to the same responsibilities, discipline and penalties,
and to the same authorities, as if he had not been
suspended.
31, No Police-officer shall be at liberty to
withdraw himself from the duties of his office, unless
expressly allowed to do so by the Inspector-General,
or by some other officer authorised to grant such per-
mission, or, without the leave of the Inspector-General,
to resign his office.
32. No Police-officer shall engage in any employ-
ment or oftice whatever other than his duties under
this Ordinance, unless expressly permitted to do so in
writing by the Inspector-General.
33. Police-officers shall not exercise any authority,
except the authority provided for a Police-officer
under this Ordinance, or any other law or Ordinance
from, time to time in force conferring any powers,
rights or duties upon all or any Police-officers.
34. Notwithstanding any law or rule to the con-
trary, any Court inquiring into or trying any case
may permit the prosecution to be conducted by a
Police-officer, notwithstanding that he has taken
part in the investigation into the offence with respect
to which the accused is being prosecuted.
35. Notwithstanding any law or rule to the con-
trary, no fee or duty shall be chargeable upon bail-
bonds in Criminal cases, recognisances to prosecute or
give evidence, or recognisances for personal appear-
ance or otherwise.
ENLISTMENT, DISCHARGE AND SERVICE.
36. All the provisions of this Ordinance, and of
all rules, orders, or regulations that may at any time
be made in pursuance thereof, shall extend to all
persons who at the commencement of this Ordinance
shall be enrolled or serving in the Police, in like
manner as if such persons had been appointed under
this Ordinance, and to all persons who after the com-
mencement of this Ordinance shall be serving or
employed in the Police under the Inspector-General,
or any Officer of the Police, as clerks, interpreters,
or storekeepers, or in any other similar capacity.
Police-officer not
to resign without,
leave.
Police-officers not
to engage in any
other employment.
Authority to be
exercised by
Police-oflicers.
Conduct of
prosecution by
Police-officer.
No fee chargeable
for bail-bonds, &c.
Application of
Ordinance to
existing
Constabulary.
176
Laws of the Uganda Protectorate. [CHap. 12,
First term of
engagement.
Re-engagement
and continuance
in service.
Conditions of
re-engagement,
37. Every constable shall be enlisted for the first
term of his engagement to serve for three years, or
such less period as may from time to time be fixed by
the Governor, the term to be reckoned from the day
on which the recruit shall have been finally approved
for service and taken on the strength of the force.
38. (1) Any non-commissioned officer or con-
stable of good character who at any time has
completed, or who is within three months of complet-
ing, the term of his engagement, may, with the approval
of the Inspector-Geueral, re-engage to serve for a
further term of three years or less from the expiration
of such term of engagement.
(2) Any non-commissioned officer or constable
of good character who has completed at least twelve
years’ service may, with the approval of the Inspector-
General, re-engage for any period or periods until he
shall complete a total period of twenty-one years’
service, reckoning from the time of his first enlistment.
(3) And upon completing such period of twenty-
one years’ service, he may, if he shall so desire, and
with the approval of the Inspector-General and of
the Governor, continue in the force in the same
manner in all respects as if his term of service were
still unexpired, except that it shall be lawful for him
to claim his discharge at the expiration of any period
of three months after he has given notice to the
Officer in charge of the Police at the place at which
such non-commissioned officer or constable is
stationed of his wish to be discharged.
39. (1) Any non-commissioned officer or con-
stable who, being entitled to bis discharge at the end
of his period of service, re-engages for further service,
with the approval of the Inspector-General, will be
allowed to proceed on three months’ furlough, and
will receive during that period the half-pay of his
rank.
(2) If a non-commissioned officer or constable
_ offers to re-enlist within three months after having
received a certificate of discharge, he shall, if the
Inspector-General approves of his re-enlistment, be
entitled to the advantages to which he was entitled,
with regard to rank, grade or gratuity at the time of
his discharge. If, however, a longer period than
three months from the date of his discharge has
Cuap. 12.] Police.
elapsed, then it shall be discretionary with the
Inspector-General, subject to the approval of the
Governor, to allow the service, or part of the service,
of such person previous to the date of such re-enlist-
ment to reckon towards gratuity; the question of
the rank in which the non-commissioned officer or
constable re-enlists shall be left to the discretion of
the Inspector-General.
40. Every man enlisting as aforesaid shall, pre-
vious to his being approved, make the following
declaration by oath in his native language, in such
manner as he may declare to be most binding on his
conscience :—
“T, A.B., do most solemnly and sincerely
declare and promise that I will be faithful and
bear true allegiance to His Majesty King
Edward VII., his heirs and successors, for a
period of three years, and for such other period
or periods as | may re-engage to serve, and will
obey all orders of His Majesty, and of the
Officers placed over me, and subject myself to
all Ordinances, Rules and Regulations relating
to the Police now in force, or which may from
time to time be in force, within the said period
or periods. *And I hereby declare that I have
not at any time served in any capacity in any of
His Majesty’s Forces or Police.
(Signature or mark of recruit.)
“ Declared at , this day of 19
“ Before me,
“(Signature of Magistrate.) ”
* In a case where a man has served as mentioned and is nevertheless
enrolled, this paragraph to be deleted.
The declaration and oath shall be made
before a Magistrate, and shall be preserved as
part of the enlistment papers of every recruit.
41. Any non-commissioned officer or constable,
whose period of service expires during a state of war,
insurrection or hostilities, may be detained, and his
service prolonged for such further period, not exceed-
ing twelve months, as the Governor may direct.
42. Subject to the provisions of Section 38 end
of the last preceding section, every non-commissioned
12
Declaration on
enlistment,
Prolongation of
service in case of
war, &c.
Discharge on
completion of
service.
178
Laws of the Uganda Protectorate. [Cuap. 12,
Police-officers
subject to all
regulations until
formal discharge.
Discharge when
unfit for service or
on being dismissed.
. Rules for reckoning
service.
officer or constable who has completed his period or
periods of engagement of service, according to the
provisions of this Ordinance, shall be discharged by
the Officer in charge of the Police at the place at
which such non-commissioned officer or constable is
stationed, unless at the expiration of any period he is
undergoing punishment for, or stands charged with,
the commission of any offence, and in case he is
undergoing such punishment, or is charged with any
such offence, his service shall be prolonged and his
discharge deferred until such punishment shall have
terminated, or until he has undergone his trial and
any punishment awarded in respect of the offence
with which he is charged.
43. Every non-commissioned officer and con-
stable shall, until he has received a certificate of
discharge, remain subject to all the provisions of this
Ordinance and to all the Rules and Regulations made
in pursuance thereof.
44, A non-commissioned officer or constable
may be discharged by the Inspector-General at
any time during the currency of any term of
engagement :—
(vz) When pronounced by a medical officer
mentally or physically unfit for further service.
(5) When sentenced to be dismissed from
the force for misconduct.
(c) If within 6 months of attestation the
Inspector-General shall consider that he is
unlikely to become an efficient constable.
(d) On reduction of establishment.
45. In reckoning the service of any non-com-
missioned officer or constable for discharge, either in
the case of limited engagement, or for the total
period of twenty-one years’ service, there shall be
excluded therefrom all periods during which he has
been absent from his duty for any of the following
causes :—
(a) Imprisonment for any cause save that of
detention awaiting any trial which results in the
acquittal or discharge of the prisoner.
(b) Desertion for any period.
Cuap. 12.] Police.
1
=
9
(c) Absence without leave exceeding forty-
eight hours.
46. Whenever any non-commissioned officer or
constable ceases to belong to the force, either by
being dismissed therefrom or by being discharged on
termination of his period of engagement, or as unfit
for further service, or on reduction of establishment,
all powers and authorities vested in him shall imme-
diately cease and determine, and he shall, before a
certificate of discharge is delivered to him, deliver
over his arms, ammunition, accoutrements, uniform,
and other appointments which are the property of
the Government, to such person at such time and
place as shall be directed by the Inspector-General or
Officer in charge of the Police at the place at which
such non-commissioned officer or constable is
stationed at the time of ceasing to belong to the
force.
47. (i.) Gratuities at the following rates, in lieu
of pension, shall be granted on discharge after a con-
tinuous good service extending to a period of twelve
years, viz :—
To Sergeants-Major_... .. Rs. 200/-
To Sergeants... sae 4, 100/-
To Corporals... ss ie. ge. ct
To Constables ... ae see gp |S
And at the following rates after a total con-
tinuous good service extending to twenty-one years,
viz :—
To Sergeants-Major_... ... Rs. 300/-
To Sergeants... ies wey, :150/-
To Corporals.... oi ve ge «=— 8B
To Constables... me jo Jan, “eae
For the purpose of this sub-section the service
of a man who has re-enlisted under Section 39 (2)
shall, subject to the provisions of such sub-section, be
deemed to be continuous.”
(ii.) No increased rates of gratuity shall be paid
in respect of any period of service in excess of a total
service of twenty-one years; and no non-commis-
sioned officer or constable, who has received a
2 This paragraph was corrected, as here printed, by Notice in the Gazette
1908, page 135.
12a
Consequence of
discharge or
dismissal.
Gratuities on
discharge.
180 Laws of the Uganda Protectorate. [CHap. 12.
gratuity on discharge after twelve years’ service, shall,
in the event of his afterwards re-enlisting, receive in
respect of his service after such re-enlistment any
higher gratuity, than may, together with such first
gratuity, be equal to the gratuity which he would
have earned by continuous service for twenty-one
years.
(iii.) When any non-commissioned officer or
constable is discharged as unfit for further service,
or on account of reduction of establishment, before
completing such continuous service of twelve years
or twenty-one years as aforesaid, he m&y receive such
proportion of the gratuity which he would have
earned if he had completed the period of service he
is then passing through as the Inspector-General may
in his discretion determine ; and, in the event of the
death of any non-commissioned officer or constable
before receipt by him of such gratuity, it shall be
lawful for the Governor to direct and cause the
amount thereof to be paid to or for the benefit of
the widow or widows, or child or children, or to any
next-of-kin of the non-commissioned officer or
constable so dying, on such conditions, and if to or
for the benefit of more than one person, in such pro-
portions as the Governor shall deem fit.
Gratuities on 48. Any gratuity that would have been due and
anes payable to any non-commissioned officer or con-
stable had he taken his discharge under the provisions
of this Ordinance shall, in the event of his re-engaging
for a further term and dying in the service before the
completion of such term, be deemed for the purposes
of this Ordinance to be his personal property in the
charge of the Treasurer for the time being, and shall
be paid out and distributed by the Treasurer or
such other person as he may appoint in accordance
with the provisions of this Ordinance.
Articles of clothing, 49. All articles of clothing, accoutrements, ap-
&c., are the property a 7 .
of Government. pointments, and other necessaries which shall have
been supplied to any non-commissioned officer or
constable for the execution of his duty are the
property of the Government, and shall be returned
by such non-commissioned officer or constable on his
discharge. Provided that when the full period of
wear has expired such non-commissioned officer or
constable may be permitted to hold any such article
Cuap. 12.] Police.
181
of clothing in possession so long as he shall continue
a Police-officer, but no such article of clothing shall
be sold, exchanged, pledged, lent or given or other-
wise transferred to any other person save as herein-
after provided. Upon any such article of clothing
being delivered up by any non-commissioned officer
or constable in manner aforesaid, the Inspector-
General may direct that it be destroyed or sold by
auction. The purchasers at any such auction shall
be limited to Police-officers, and the proceeds of such
sale shall be handed over to such non-commissioned
officer or constable taking his discharge, or shall be
otherwise dealt with as the Inspector-General shall
direct. No purchaser of such article of clothing may
re-sell the same. Provided always that in the case
of such purchaser taking his discharge or dying, any
article of clothing so purchased may be re-sold by
auction in a similar manner and subject to the same
conditions as hereinbefore provided, and the proceeds
of such sale shall be handed over to such non-com-
missioned officer or constable taking his discharge or
his personal representatives.
50. Any non-commissioned officer or constable,
having ceased to be a Police-officer under this
Ordinance, who shall not forthwith deliver up the
clothing, accoutrements, appointments and other
necessaries which shall have been supplied to him
for the execution of his duty, shall be liable, on con-
viction before a Magistrate, to a penalty not exceeding
200 rupees, or to imprisonment, with or without
hard labour, for a period not exceeding six months,
or to both.
DISCIPLINE.
51. The Police shall, subject to the provisions
of this Ordinance and to any rules made thereunder,
be amenable to the ordinary course of law, provided
that when they are called upon to serve with the
regular troops, or when a declaration of a state of
active service shall have been made under Section
189 (2) of The Army Act, the Police shall be subject
to military Jaw, as enacted by “The King’s African
Rifles Ordinance, 1902,” or other military law for the
time being in force, and provided that any Police-
officer committing a breach of the Rules made by the
Governor under Section 11 shall be guilty of an
Failure to deliver up
accoutrements on
ceasing to be a
Police-officer.
Law applicable to
the Police,
182
Laws of the Uganda Protectorate. [Cnap. 12.
Pay not to accrue
during imprison-
ment under
sentence.
Fine to be recovered
by stoppages.
Amount of
stoppages.
Accumulated
stoppages.
Disposal of fines.
offence, and shall be liable to such punishment as
may ve provided by the Rules.
52. No pay shall accrue or become due to any
non-commissioned officer or constable in respect of
any period during which he is undergoing any sentence
of imprisonment or is detained in prison awaiting any
trial which results in his conviction either for any
offence against discipline or for any other crime.
53. (i.) All fines imposed upon non-commis-
sioned officers and constables for offences under this
Ordinance or any Rules thereunder shall be recovered
by stoppages from the offender’s pay due at the time
of committing such offence, or thereafter accruing
due, and not from any other source or in any other
manner.
(ii.) The amount of stoppages shall be in the
discretion of the otticer authorised to impose fines,
in no case exceeding one-third of the daily pay of the
offender; and, whenever more than one order of
stoppage is enforced for any cause against the same
person, so much only of his pay shall be stopped as
shall leave him a residue of at least two-thirds of his
daily pay.
(iii.) Where more than one order of stoppage is
made upon the same person, the order or orders
later in date shall, if necessary, be postponed as to
their enforcement until the earlier orders are dis-
charged.
54. (i.) All fines recovered within the Protec-
torate from non-commissioned officers and con-
stables shall be paid over to the Treasurer of the
Protectorate, to be placed to the credit of a fund to
be styled the “ Police Rewards and Hines Fund.”
(ii.) No payment shall be made from the Police
Rewards and Fines Fund except upon the authority
of the Governor.
(iii.) The Governor may, on the recommendation
of the Inspector-General, sanction payments from the
Police Rewards and Fines Fund for any of the fol-
owing purposes, that is to say :—
(a) Assistance to the wives and families of
deceased non-commissioned officers or col-
stables, or to non-commissioned officers oF
Cuap. 12.] Police.
183
constables discharged as invalids, who may be
in immediate want.
(6) Contributions towards prizes to be
given at athletic meetings, assaults-at-arms and
similar events organised by or for the benefit of
the Police.
(c) Purchase of ammunition for the
encouragement of rifle shooting among the Police.
(2) Payments to non-commissioned officers
or constables as rewards for special services
when such payments cannot otherwise be met
out of Protectorate funds.
(iv.) Annual statements of receipts and expen-
diture on account of the Police Rewards and Fines
Fund shall be rendered by the Inspector-General to
the Governor, who shall submit them to the Secretary
of State.
55. The sentence on a non-commissioned officer
shall in no case include corporal punishment or
imprisonment unless it also includes reduction of the
offender to the rank of a constable ; but a non-com-
missioned officer sentenced to corporal punishment or
imprisonment shall be deemed to be reduced to the
ranks, and in such case the sentence of reduction shall
precede and be carried out before that of corporal
punishment or imprisonment.
56. No sentence of corporal punishment shall be
carried out until a period of twenty-four hours has
elapsed, nor unless under the superintendence of a
medical officer, or, in case no medical officer is avail-
able, of a European officer of the Administration, nor
until such medical officer or European officer shall
certify as to the physical fitness of the offender to
undergo the same, and in relation thereto the said
medical officer or European officer may give and shall
have carried out such orders for preventing injury
to health as he may deem necessary, and in case the
said medical officer or European officer shall order
the punishment to be discontinued, it shall be dis-
continued immediately.
57. (i.) Upon reasonable suspicion that any
person is a deserter from the Police, any Police-officer
or other person may apprehend him without warrant,
Restrictions as to
punishment of
non-commissioned
officer.
Restriction as to
corporal
punishment.
Apprehension of
deserters.
184
Laws of the Uganda Protectorate. [Cuap. 12.
Punishment for
desertion.
Restoration of
forfeited service.
Mode of complaint
ly a Police-officer.
Offences,
and forthwith bring him before a Magistrate of the
district wherein he was found.
(ii.) Upon it appearing by the testimony of one
or more witnesses or by his own confession that the
accused is a deserter, he shall be punished with
imprisonment of either description for a term which
may extend to two years, and shall be liable to fine
not exceeding 100 rupees.
58. Any Police-officer who has forfeited any
period of past service qualifying towards gratuity
may have such service restored to him by the Governor,
on the recommendation of the Inspector-General, at
any time as a reward for conspicuous gallantry in the
field or other notable service, or when he has served
with uninterrupted good conduct as shown by his
having no entries in the defaulters’ book for two
years in case of a first conviction entailing loss of
service, for five years in case of a second conviction
of the same nature, and for seven years in case of a
third conviction of the same nature, or should circum-
stances of an aggravated character have attended the
offence on account of which his service was forfeited.
Such period of probation shall be reckoned from the
release of the person convicted from imprisonment,
or other completion of the punishment, and his return
to duty.
59. If any non-commissioned officer or constable
thinks himself wronged in any matter by any Officer
of the Police, or by any non-commissioned officer or
constable, he may complain thereof to the Inspector-
General, and if he thinks himself wronged by the
Inspector-General, either in respect of his complaint
not being redressed or in respect of any other matter,
he may complain thereof to the Governor; and the
Inspector-General or Governor upon any complaint
being made in pursuance of this section shall cause
such complaint to be enquired into, and shall, if on
enquiry he is satisfied of the justice of the complaint
so made, take such steps as may be necessary for
giving full redress to the complainant in respect of the
matter complained of.
60. Provided that nothing in this Ordinance shall
be construed to exempt any member of the Police
Cap. 12.] Police.
from being proceeded against for any offence by the
ordinary course of law, any Police-ofticer who—
(1) Begins, excites, causes or joins in any
mutiny or sedition amongst the Police, or does
not use his utmost endeavours to suppress the
same, or conspires with any other person to
cause a mutiny, or coming to the knowledge of
any such mutiny or intended mutiny or sedition
does not without delay give information thereof
to the Officer in charge of the Police ; or,
(2) Persuades, or endeavours to persuade,
procures, or attempts to procure, or assists any
person to desert ; or,
(8) Being cognisant of any desertion or
intended desertion of any person does not forth-
with give notice to his superior officer, or take
any steps in his power to cause the deserter or
intending deserter to be apprehended ; or,
(4) Uses traitorous or disloyal words re-
garding the Sovereign ; or,
(5) Strikes, or uses or offers any violence
against, his superior officer, or uses threatening
or insubordinate language to his superior officer ;
or,
(6) Wilfully disobeys any lawful command ;
or,
(7) Is drunk ; or drinks intoxicants on duty,
provided always that, section 24 notwithstanding,
he shall not for this purpose be deemed to be on
duty unless he shall be on active duty or service ;
or,
(8) Absents himself without leave ; or,
(9) Is found sleeping on his post, or leaves
it before being regularly relieved, except in fresh
pursuit of any offender whom he ought to appre-
hend ; or,
(10) Being under arrest or in confinement,
leaves or escapes from his arrest or confinement
before he is set at liberty by proper authority ; or,
(11) Neglects or refuses to assist in the
apprehension of any Police-officer charged with
any offence ; or,
186 Laws of the Uganda Protectorate. [Cuap. 12.
(12) Allows to escape any prisoner. who is
committed to his charge, or whom it is his duty
to keep or guard ; or,
(13) Offers unwarrantable personal violence
to any person in his custody ; or,
(14) Is guilty of cowardice ; or,
(15) Fires his rifle without orders or just
cause ; OF,
(16) Without cause fails to appear at any
parade appointed by his superior officer ; or,
(17) Pawns, sells, loses by neglect, makes
away with, or wilfully spoils his arms, accoutre-
ments, clothing, or necessaries, or any medal or
decoration granted to him for service or good
conduct ; or,
(18) Steals any money or goods the property
of any member of the Police, or steals or em-
bezzles any Government money or goods, or
receives any.such money or goods knowing them
to have been stolen or embezzled from any
meniber of the Police or from the Govern-
ment ; or,
(19) Commits any act of plunder or wanton
destruction of property ; or,
(20) Solicits or accepts a gratuity ; or,
(21) Is slovenly, inattentive, uncivil, or
quarrelsome ; or,
(22) Does not keep his rifle clean ; or,
(23) Loses without any reasonable cause any
ammunition issued to him ; or,
(24) Without due authority discloses or
conveys any information concerning any investl-
gation or other Police or departmental matter ; or,
(25) Malingers, or feigns or produces any
disease or infirmity ; or,
(26) Is wilfully guilty of any misconduct, or
wilfully disobeys, whether in hospital or other-
wise, any orders, by means of which misconduct
or disobedience he produces or aggravates disease
or infirmity ; or delays its cure ; or,
(27) Incurs debt in or out of the force ; or,
(28) Without proper authority exacts from
any person carriage, porterage or provisions ; Or,
Cuap. 12.] Police. 187
(29) Resists an escort whose duty it is to
apprehend him or to have him in charge ; or,
(30) Breaks out of Police lines, camp or
quarters ; or,
(31) Makes any false statement upon joining
the Police ; or,
(32) Refuses, or by culpable neglect omits, to
make or send a report or return which it is his
duty to make or send; or,
(33) Makes a false accusation against any
Police-officer knowing such accusation to be
false ; or,
(34) In making a complaint, where he thinks
himself wronged, knowingly makes any false
statement affecting the character of any Police-
otticer, or knowingly and wilfully suppresses any
material facts ; or,
(85) Engages without authority in any em-
ployment other than his Police duty ; or,
(36) Is guilty of any other act, conduct, dis-
order or neglect to the prejudice of good order
and discipline, though not specified in the fore-
going cases,
Shall be deemed to have committed an
offence against discipline, and such offence
shall be inquired of, tried and determined, and
the offender shall in every such case suffer such
punishment, according to the degree and nature
of the offence, as may be awarded in accordance
with the following provisions.
61. Any Officer of the Police, or Inspector in ?utsnments
charge of Police, or any Civil Officer in charge of any
station or district where there is a detachment but no
Ofticer of the Police or Inspector in charge of Police,
may examine into the truth of any such charge as
aforesaid, and if his decision is against the accused,
he may impose on him any one or more of the following
punishments :—
(a) Imprisonment, with or without hard
labour, not exceeding seven days.
(>) Fine not exceeding four rupees, to be
levied by stoppages from the offender's pay.
(c) Confinement to quarters for a term not
188
Laws of the Uganda Protectorate. [Cuap. 12,
Punishment for
aggravated offence.
Aggravated or
repeated offences
may be reported
to the Inspector-
General.
Punishments by
Inspector-General.
exceeding fifteen days, with or without punish-
ment drill, extra guards, fatigue or other duty.
(2) Removal from any office of distinction
or special emolument.
62. In every case of aggravated offence, or where
the accused has been previously convicted of any
offence under this Ordinance, any one or more of the
following punishments may be imposed :—
(a2) Reduction in rank or grade.
(b) Fine not exceeding ten rupees, to be
levied by stoppages from the offender’s pay.
(c) Imprisonment with hard labour, not
exceeding fourteen days.
(ad) Corporal punishment, not exceeding
twenty-four lashes, to be inflicted only as
prescribed by Section 56 of this Ordinance.
(¢) Dismissal from the force.
Provided that any sentence of corporal punish-
ment imposed by an Inspector, and any sentence of
reduction in rank or dismissal, shall be confirmed by
the Inspector-General before being carried into
execution.
63. In all cases where it shall appear to any
person in charge of Police, as mentioned in Section 61
of this Ordinance, that the offence which any non-
commissioned officer or constable has committed
would, by reason of its aggravation, or by reason of
previous offences of the accused, not be adequately
punished with any of the aforesaid punishments, or
combination of punishments, he shall delay passing
sentence, and shall report the whole proceedings in
the case to the Inspector-General. The Inspector-
General may send back such report for any further
enquiry he considers requisite, or make any other or
further order, or may re-hear the case, as he may
see fit.
64. The Inspector-General may in respect of any
conviction made by himself upon investigating any
charge, or made or reported to him as aforesaid,
impose all or any of the punishments mentioned in
Sections 61 or 62, and in a case of aggravated offence,
Cuap. 12.] Police.
189
or where the accused has been previously convicted
of any offence under this Ordinance, may, subject to
the approval of the Governor, sentence him to all or
any of the following punishments :—
(a) Imprisonment, with or without hard
labour, for a period which may extend to six
months.
(6) Forfeiture of all pay that he may have
earned or may be due to him.
(c) Forfeiture of any medal or decoration or
rewards.
(d) Forfeiture of any advantage as to
gratuity on discharge which he may have earned
by past service.
65. If any non-commissioned officer or con-
stable pawns, sells, loses by neglect, or wilfully spoils
his arms, accoutrements, clothing, or necessaries, he
may, in addition to any other punishment, be ordered
to make good the amount of such loss or damage, to
be recovered by stoppages out of the offender’s pay.
°
LEGAL PENALTIES IN MATTERS RESPECTING THE
Force.
66. Any person who by any means directly or
indirectly procures or persuades, or attempts to
procure or persuade, any non-commissioned officer
or constable to desert, or who aids, abets, or is
accessory to the desertion of any non-commissioned
officer or constable, or, who, having reason to believe
that any man is a deserter, harbours such deserter,
or aids him in concealing himself, or aids or assists in
his rescue, shall be liable to be imprisoned, with or
without hard labour, for a term not exceeding six
months; and shall, in addition. be liable to a fine not
exceeding 200 rupees.
67. Any person who aids, abets, or is accessory
to any mutiny, sedition, or disobedience to any lawful
command of a superior officer by any non-com-
missioned officer or constable, or maliciously
endeavours to seduce any non-commissioned officer
or constable from his allegiance or duty, shall be
punishable with imprisonment, with or without hard
Loss and damage
to accoutrements
to be made good
by stoppages of
offender’s pay.
Inducing members
of the force to
desert.
Inciting to mutiny,
&c.
190
Laws of the Uganda Protectorate. [Cuap. 12.
Unlawfully
harbouring
constables: penalty.
Unlawful possession
of arms, &c., force:
penalty.
Personating :
penalty.
labour, for a term not exceeding two years ; and shall,
in addition, be liable to a fine not exceeding 800
rupees.
68. If any retailer, tavern-keeper, or keeper of
any house, store or place for the sale of any liquor,
whether spirituous or otherwise, by himself or by any
person in his employment, knowingly harbours or
entertains any non-commissioned officer or constable,
or permits him to abide or remain in his house, store-
room or other place, during any portion of the time:
appointed for his being on duty or service, such
retailer, tavern- keeper, or keeper of such house, store-
room, or place shall for every such offence be liable
to a fine which may extend to 75 rupees. For the
purposes of this section, a non-commissioned officer
or constable section 24 notwithstanding, shall not
be deemed to be on duty unless he shall be on active
duty or service.
69. Any person who shall be in possession of,
and shall not give a satisfactory account of how he
came by the same, or shall knowingly detain, buy,
exchange or receive from any non-commissioned
officer or constable, or deserter, or any person acting
for or on his behalf, or who shall solicit or entice any
non-commissioned officer or constable, or who shall
be employed by any non-commissioned officer or
constable knowing him to be such, to sell, make
away with, or dispose of, any arms, ammunition,
clothing, accoutrements, medals or other appointments,
shall be liable to a penalty not exceeding 500 rupees,
together with double the value of all or any of the
several articles of which such offender shall so become
or be possessed.
70. Whoever, not being a Police-officer, or being
a deserter, puts on the dress or accoutrements of a
person serving in the Police, or part thereof, or any
dress intended to simulate that of the Police, or any
medal or badge which he is not authorised to wear,
or takes the name, designation or character of a
person appointed to or serving in the Police for the
purpose of thereby doing, or procuring to be done,
any act which he would not be entitled to do, or
procure to be done of his own authority, or for any
other unlawful purpose, shall be liable to be imprisoned,
either with or without hard labour, for a term not
Cuap. 12.] Police.
191
exceeding six months, or to a fine not exceeding 800
rupees, or to both.
71. All offences under this Ordinance committed
by persons not belonging to the Police shall be
prosecuted, and all sentences imposed upon such
persons shall be carried into effect in the manner
provided by the laws in force in the Protectorate, and
the amount of any fines recovered shall be paid
to the Treasurer, and form part of the public
revenue,
72. (1) Before any action or prosecution against
any person, which may be lawfully brought for
anything done or intended to be done under the
provisions of this Ordinance, or under the general
Police powers hereby given, shall be commenced,
notice in writing of such action and of the cause
thereof shall be given to the defendant, or to the
Officer in charge of the Police in the station or district
where the act was committed, one month at least
before the commencement of the action.
(2) No plaintiff shall recover in any such
action if tender of sufficient amends shall have been
made before such action brought, or if a sufficient
sum of money shall have been paid into Court after
such action brought, by or on behalf of the defendant,
and, though a decree shall be given for the plaintiff
in any such action, such plaintiff shall not have costs
against the defendant unless the Judge before whom
the trial is held shall certify his approbation of the
action.
(3) Provided always that no action shall
in any case lie where such Police-officer shall have
been prosecuted criminally for the same act.
73. (1) When any action or prosecution shall be
brought or any proceedings held against any Police-
officer for any act done by him in such capacity, it
shall be lawful for him to plead that such act was
done by him under the authority of a warrant issued
by a Magistrate.
(2) Such plea shall be proved by the production
of the warrant directing the act, and purporting to be
signed by such Magistrate, and the defendant shall
thereupon be entitled to a decree in his favour, not-
withstanding any defect of jurisdiction in such
Procedure where
offences committed
by other persons.
Disposal of fines.
Notice of actions.
Tender of amends
Proviso.
Plea that act was
done underswarrant.
Laws of the Uganda Protectorate. [CHap. 12,
Proviso.
Police-officers not
to be taken from
service except for
criminal charge
or debt ot 300
rupees or upwards.
Plaintiff may have
an execution other
than personal.
Pay of Police-
officer not
arrestable for debt :
exception.
Magistrate. No proof of the signature of such
Magistrate shall be necessary, unless the Court shall
see reason to doubt its being genuine.
(3) Provided always that any remedy which the
party may have against the authority issuing such
warrant shall not be affected by anything contained
in this section.
ENFORCEMENT OF CIVIL CONTRACTS. :
74. Any non-commissioned officer or constable
shall be liable to be taken out of the force only by
process of execution on account of any criminal
charge, or on account of any original debt proved by
affidavit of the plaintiff or of someone on his behalf,
to the value of 300 rupees at the least over and
above all costs of suit, but not for any original
debt not amounting to 300 rupees, nor for breach
of any covenant, agreement, or other engagement,
nor for having left or deserted his employer or
master, or his contract, work or labour, and all
warrants or other process of personal execution on
account of the matters for which it is herein declared
that such non-commissioned officer or constable is
not liable to be taken out of the said service shall be
null and void.
75. Any plaintiff, upon notice of the cause of
action first given in writing to the Officer in charge of
the Police at the station or district in which the de-
fendant is serving at the date of service of the writ
of summons, may proceed in any action or suit to
judgment, and have execution other than against the
body of any non-commissioned officer or constable,
or than (except as next after mentioned) against the
pay due or accruing due to him.
76. The pay of any non-commissioned officer or
constable due or accruing to him at the date of any
judgment, or afterwards, shall not be liable to be
arrested upon any civil process except in respect of
any debt or liability which he may have incurred
within three years next before being appointed to the
force, and for such debt or liability, when constituted
by decree, his pay may be arrested to an extent not
exceeding one-third thereof. Where an order for
Cuap. 12.] Police.
such arrestment is made, the Court making the order
shall give notice thereof to the Officer in charge of the
Police in the station or district where the judgment
debtor is serving, and thereupon the amount ordered
shall be stopped out of the judgment debtor’s pay
until the amount of the decree is made good.
77. The Civil officer in charge of the district
shall, from time to time, cause public proclamation
to be made that if the inhabitants suffer any non-
commissioned officer or constable to contract debts,
such debts will not be recoverable from their pay or
by arrest in execution.
UNCLAIMED PROPERTY.
‘78. It shall be the duty of every Police-ofticer
to take charge of all unclaimed property, and to
furnish an inventory thereof to the District Magistrate.
Police-officers shall be guided as to the disposal of
such property by such orders as they shall receive
from the District Magistrate.
79. (1) The District Magistrate may detain the
property and issue a proclamation specifying the
articles of which it consists, and requiring any person
who has any claim thereto to appear and establish
his right to the same within six months from the date
of such proclamation.
(2) If the person entitled to the possession of
such property is unknown or absent, and the property
is subject to speedy and natural decay, or the District
Magistrate is of opinion that its sale would be for the.
benefit of the owner, the District Magistrate may at
any time direct it to ‘be sold.
80. (1) If no person shall within the period
allowed claim such property, or the proceeds thereof,
if sold, it may, if not already sold under Section 79 (2 ),
be sold under the orders of the District Magistrate.
(2) The sale proceeds of property sold under the
preceding sub-section and the proceeds of property
sold under Section 79 (2) to which no claim has been
established shall be at the disposal of the Governor.
13
193
Public notice to he
given asto recovery
of debt from non-
commissioned
officers and
constables,
Police-officers to
take charge of un-
claimed property,
and be subject to
District Magis-
trate’s orders as
to disposal.
The District
Magistrate may
detain property
and issue a
proclamation,
Property subject
to decay may be
sold.
If no claimant
appears for
property.
194
Laws of the Uganda Protectorate. [CHap. 12.
Additional Police-
officers employed
at cost of
individuals.
Proviso.
Appointment of
additional force in
the neighbourhood
of railway and
other works.
Quartering of
additional Police
in disturbed or
dangerous districts.
PROVISIONS FOR ADDITIONAL OR SPECIAL POLICcE-
OFFICERS.
81. It shall be lawful for the Inspector-General,
subject to the direction of the Governor, on the
application of any person showing the necessity
thereof, to depute any additional number of Police-
officers to keep the peace at any place within the
Protectorate, and for such time as shall be deemed
proper. Such Police-officers shall, subject to the
provisions of this Ordinance, be exclusively under the
orders of the Officer in charge of the Police in such
place, and shall be at the expense of the person
making the application :—
Provided that it shall be lawful for the person
on whose application such deputation shall have been
made, on giving one month’s notice in writing to the
Inspector-General to require that the Police-officers
so deputed shall be withdrawn; and such person
shall be relieved from the charge of such additional
Police-officers from the expiration of such notice.
82. Whenever any railway, canal, or other public
work, or any manufactory, or commercial concern
shall be carried on or be in operation in any part of
the Protectorate, and it shall appear to the Inspector-
General that the employment of an additional number
of Police-ofticers in such place is rendered necessary
by the behaviour or reasonable apprehension of the
behaviour of the persons employed upon such work,
manufactory or concern, it shall be lawful for the
Inspector-General, upon the direction of the Governor,
to depute such additional Police- officers to such place,
and to employ the same so long as such necessity
shall continue, and to make orders, from time to time,
upon the person having the control or custody of the
funds used in carrying on such work, manufactory or
concern, for the payment of the extra Police-officers
so rendered necessary, and such person shall there-
upon cause payment to be made accordingly.
83. (1) It shall be lawful for the Governor, by
proclamation to be notified in the official Gazette,
and in such other manner as the Governor shall direct,
to declare that any area in the Protectorate has been
found to be in a disturbed or dangerous state, and
Cuar. 12.] Police.
that, from the conduct of the inhabitants of such area,
or of any class or section of them, it is expedient to
increase the number of Police-officers.
(2) It shall thereupon be lawful for the Inspector-
General, upon the direction of the Governor, to
employ any number of Police-officers in addition to
the ordinary fixed complement to be quartered in the
area specified in such proclamation as aforesaid.
(3) Subject to the provisions of sub-section (5)
of this section, the cost of such additional Police-
officers shall be borne by the inhabitants of such area
described in the proclamation.
(4) The District Magistrate, after such enquiry
as he may deem necessary, shall, subject to the
direction of the Governor, apportion such cost among
the inhabitants who are, as aforesaid, liable to bear
the same, and who shall not have been exempted
under the next succeeding sub-section. Such appor-
tionment shall be made according to the District
Magistrate’s judgment of the respective means within
such area of such inhabitants.
(5) It shall be lawful for the District Magistrate,
subject to the direction of the Governor, by order, to
exempt any persons or class or section of such
inhabitants from liability to bear any portion of such
cost.
(6) Every proclamation issued under sub-
section (1) of this section shall state the period for
which it is to remain in force, but it may be withdrawn
at any time or continued from time to time for a
further period or periods as the Governor may in each
case think fit to direct.
84. (1) If, in any area in regard to which any
proclamation notified under the last preceding
section is in force, death or grievous hurt or loss of,
or damage to, property has been caused by, or has
ensued from, the misconduct of the inhabitants of
such area or any class or section of them, it shall be
lawful for any person, being an inhabitant of such
area, who claims to have suffered injury from such
misconduct, to make, within one month from the date
of the injury, or such shorter period as may be pre-
scribed, an application for compensation to the
District Magistrate within which such area is situated.
13
Awarding compen-
sation to sufferers
from misconduct of
inhabitants or
persons interested
in land.
196
Laws of the Uganda Protectorate. [Cuap, 12,
(2) It shall thereupon be lawful for the District
Magistrate, with the sanction of the Governor, after
such enquiry as he may deem necessary, and whether
any additional number of Police-officers have or have
not been quartered in such area under the last
preceding section, to :—
(a) Declare the persons to whom injury has
been caused by or has ensued from such mis-
conduct ;.
(6) Fix the amount of compensation to be
.. paid to such persons and the manner in which it
is to be distributed among them ; and
(c) Assess the proportion in which the same
shall be paid by the inhabitants of such area
other than the applicant who shall not have been
-exempted from liability to pay under the next
succeeding sub-section. Provided that the District
Magistrate shall not make any declaration or
assessment under this sub-section, unless he is of
opinion that such injury as aforesaid has risen
from a riot or uniawful assembly within such
area, and that the person who suffered the injury
was himself free from blame in respect of the
occurrences which led to such injury.
(3) It shall be lawful for the District Magistrate,
subject to the direction of the (sovernor, by order, to
exempt any persons or class or section of such
inhabitants from liability to pay any portion of such
compensation.
(4) Every declaration or assessment made or
order passed by the District Magistrate under sub-
section (2) shall be subject to revision by the
Governor, but save as aforesaid shall be final.
(5) No Civil suit shall be maintainable in respect
of any injury for which compensation has been
awarded under this section.
For the purposes of the two preceding sections
“inhabitants” shall include persons who themselves
or by their agents or servants occupy or hold land or
other immoveable property within such area, and
landlords who themselves or by their agents or
servants collect rents direct from lessees or occupiers
in such area, notwithstanding that they do not
actually reside therein.
Crap. '12.] ‘Police.
197
85. (1) All moneys payable under Sections 81,
82, 83 and. 84 shall be recoverable by the District
Magistrate in the manner provided by Sections 386
and 387 of the Code of Criminal Procedure, for the
recovery of fines, or by suit in any’ competent
Court.
(2) All moneys paid or recovered under
Sections 81, 82 and 83 shall be credited to the
General Revenue Account of the Protectorate.
(3) All moneys paid or recovered under
Section 84 shall be paid by the District Magistrate to
the persons to whom and in the proportion in, which
the same are payable under that section. _
86. When it shall appear that any unlawful
assembly, or riot, or disturbance of the peace has
taken place, or may be reasonably apprehended, and
that the Police-officers ordinarily employed for
preserving the peace are not sufficient for its preser-
vation and protection of the inhabitants, ‘and. the
security of property in the place where such unlawful
assembly, or riot, or disturbance of the peace has
occurred, or is apprehended, it shall be lawful for any
Officer of the Police or Inspector to apply to the
nearest Magistrate to appoint so many of the resi-
dents of the neighbourhood as such Officer of the
Police or Inspector may require to act as special
Police-officers for such time and within such limits as
he shall deem necessary ; and the Magistrate to. whom
such application is made shall, unless he see cause to
the contrary, comply with the application.
87. Every special Police-officer so appointed
shall have the same powers, privileges and protection,
and shall be liable to perform the same duties and
shall be amenable to the same penalties, and be
subordinate to the same authorities, as the ordinary
Police-officers.
88. If any person being appointed a special
Police-officer as aforesaid shal], without sufficient
excuse, neglect or refuse to serve as such, or to obey
such lawful order or direction as may be given to him
for the performance of his duties, he shall be liable,
upon conviction before a Magistrate, to a fine not
exceeding fifty rupees for every such neglect, refusal
or disobedience.
Recovery of moneys
payable under’
Sectidns 81 to 84, |
and disposal of the '
same when .
recovered.
Special Police-
officers,
Powers of special
Police-officers,
Refusal to serve
as special Police-
officers.
198
Laws of the Uganda Protectorate. [CHap. 12.
Regulation of public
assemblies an
processions, and
licensing of same.
Music in the streets.
Powers with regard
to assemblies and
processions
violating conditions
of licence.
Police to kee’
order in public
roads, &c.
89. (1) The Inspector-General or a District-
Superintendent may, as occasion requires, direct the
conduct of all assemblies and processions on the
public roads, or in the public streets or thoroughfares,
and prescribe the routes by which, and the times at
which, such processions may pass.
(2) He may also, on being satisfied that it is
intended by any persons or class of persons to
convene or collect an assembly in any such road,
street or thoroughfare, or to form a procession which
would, in the judgment of a Magistrate, or other
Civil officer in charge of a station or district, or, if
no such Magistrate or other Civil officer is present or
available, in the judgment of the Inspector-General
or District-Superintendent, if uncontrolled, be likely
to cause a breach of the peace, require by general or
special notice that the persons convening or collecting
such assembly shall apply for a licence.
(8) On such application being made he may
issue a licence specifying the names of the licensees,
and defining the conditions on which alone such
assembly or such procession is to be permitted to
take place, and otherwise giving effect to the section.
Provided that no fee shall be charged by the
Inspector-General or District-Superintendent on the
application for or grant of such licence.
(4) He may also regulate the extent to which
music may be used in the streets on the occasion of
festivals and ceremonies.
90. (1) Any Magistrate or officer of the Police
or Inspector may stop any procession which violates
the conditions of a licence granted under the last
foregoing section, and may order it, or any assembly
which violates any such conditions as aforesaid, to
disperse.
2) Any procession or assembly which neglects
y~P y
or refuses to obey any order given under the last
preceding sub-section shall be deemed to be an
unlawful assembly.
91. It shall be the duty of the Police to keep
order on the public roads, and in the public streets,
thoroughfares, and landing places, and at other places
of public resort, and to prevent obstructions on the
occasions of assemblies and processions on the public
Cuap. 12.] Police.
199
‘roads and in the public streets, or in the neighbourhood
of places of worship, during the time of public
worship, and in any case when any road, street,
thoroughfare or landing place may be thronged or
may be liable to be obstructed.
92. Every person opposing or not obeying the
orders issued under the last three preceding sections,
or violating the conditions of any licence granted for
the use of music, or for the conduct of assemblies
and processions, shall be liable, on conviction before
a Magistrate, to a fine not exceeding 200 rupees.
93. Nothing in the last four preceding sections
shall be deemed to interfere with the control of the
District Magistrate or Civil officer in charge of the
district or station over the matters referred to
therein.
94.3 Any person who, on any road or in any open
place or street or thoroughfare, within the limits of
any place declared to be a township within the
meaning of any Ordinance relating to townships, or
within the limits of any place to which this section
shall be specially extended by proclamation by the
Governor, commits any of the following offences, to
the obstruction, inconvenience, annoyance, risk,
danger or damage of the residents or passengers,
shall on conviction before a Magistrate be liable to a
fine not exceeding fifty rupees, or to imprisonment
not exceeding eight days; and it shall be lawful for
any Police-officer to take into custody, without a
warrant, any person who within his view commits
any of such offences namely :—
(a) Any person who slaughters any cattle,
or cleans any carcass; or rides, or drives any
carriage or any cattle recklessly or furiously, or
trains or breaks any horse or other cattle.
(6) Any person who wantonly or cruelly
beats, abuses or tortures any animal.
(ec) Any person who keeps any cattle or
conveyance of any kind standing longer than is
required for loading or unloading, or for taking
up or setting down passengers, or who leaves
any conveyance in such manner as to cause
inconvenience or danger to the public.
3 See also The Townships Rules, 1903, Rule 122, post, page 305.
Penalties for
disobeying orders
under last three
sections, &c.
Saving of control of
District Magistrate
or Civil officer.
Punishment for
certain offences on
roads, &c.
Power of Police-
officers.
Slaughtering
cattle, furious
riding, &c.
Cruelty to animals.
Obstructing
passengers,
200: Laws of the Uganda Protectorate. [Crap. 12>
il aaa (d) Any person who exposes any goods for
sale. ;
Throwing dirt into
the street.
Being found drunk ©
or riotous. ¢ >’
Indecent exposure
of person.
Dangerous
structures to be
fenced in.
Power to prosecute
under other law
not affected.
Proviso.
Recovery of
penalties and fines
imposed by
Magistrates. «
Proviso.
Rewards to Police
and informers
payable to gencral
Police fund.
(e) Any person who throws or lays down
any dirt, filth, rubbish, or stones or building
materials, or causes any offensive matter to run
from any house, factory, dungheap or the like.
(f) Any person who is found drunk or
riotous, or who is incapable of taking care of
himself.
(7) Any person who wilfully and indecently
exposes his person, or any offensive deformity or
disease, or commits nuisance by easing himself, or
by bathing or washing in any tank or reservoir
not being a place set apart for that purpose.
(h) Any person who neglects to fence in, or.
duly to protect, any well, tank or other dangerous
place or structure. a
95. Nothing contained in this Ordinance shall be
construed to prevent any person from being prosecuted
under any other Ordinance or Regulation for any
offence made punishable by this Ordinance, or from
being liable under any other Ordinance or Regulation
to any other or higher penalty or punishment than is
provided for such offence by this Ordinance.
Provided that no person shall be punished twice
for the same offence.
96. The provisions of The Indian Penal Code,
and of The Code of Criminal Procedure, with respect
to fines, shall apply to penalties and fines imposed
under this Ordinance on conviction before a
Magistrate.
Provided that, notwithstanding anything con-
tained in Section 65 of the first mentioned Code, any
person sentenced to tine, under Section 94 of this
Ordinance, may be imprisoned in default of payment
of such fine for any period not exceeding eight days.
97. All rewards, forfeitures and penalties, which
by law are payable to informers, shall, when the
information is laid by a Police-officer, be paid into
the “ Police Fines and Rewards Fund.”
Cnap. -12.f Police.
201,
WILLS AND DISTRIBUTION OF PROPERTY,
98. (1) Every constable on enlistment shall
declare the name of the person or persons to whom, in
the event of his decease without having made a valid
will, any money or personal property due or belonging
to him should be paid or delivered, and the name of
such person or persons shall be recorded at the
Headquarters of the Police. The record shall be
verified periodically, and it shall be the duty of every
non-commissioned officer or constable to report any
alteration in the record which he wishes made.
(2) The Paymaster or any officer of the Police
or of the Treasury, or other public Department,
having in his charge or control any pay, accumulations
of pay, gratuity, or allowauce, or any personal property
or money belonging to any non-commissioned officer
or constable dying intestate who has complied with
the above conditions, may pay or deliver the same to
the person or persons whose name or names has or
have been recorded by a non-commissioned officer
or constable in the manner prescribed.
99. (1) Any will made by a non-commissioned
officer or constable shall be valid for disposing of
any money or personal property which shall be due
or belonging to him at his decease ;
(a) If it is in writing, and signed or
acknowledged by him in the presence of, and in
his presence attested by, one witness, being an
Officer of the Police or officer of the Adminis-
tration ; or,
(d) If it is executed with the formalities ,
required by any law now or hereafter in force in
the Protectorate, in the case of persons not
being Police- officers.
Such will shall be deemed well made for
the purpose of being admitted to probate, and
the person taking out representation to the
testator under such will shall exclusively be
deemed the testator’s representative with respect
to the money or personal property thereby
bequeathed.
On enlistment
constable to register
name of person to
whom estate to be
paid in the event
of his dying
intestate, and any
alteration which is
desired to be
reported.
Estate may be paid
accordingly to
person whose
name is registered
in manner
prescribed.
Form of will.
202
Laws of the Uganda Protectorate. [Cuap. 12.
Accumulation of
pay, &c., if less
than 750 rupees may
be paid without
probate.
Probate to be
taken out if value
exceeds 750 rupees.
Distribution in
cases of intestacy.
As to payment
of debt.
(2) The Paymaster or any Officer of the Police
or of the Treasury, or other public Department,
having in his charge or control any pay, accumulations
of pay, gratuity, or other allowance, or any personal
property or money belonging to such testator, not
exceeding in the aggregate the value of 750 rupees,
may pay or deliver the same to any person entitled
thereto under the will, or to the person entitled to
procure probate of, or administration under, such
will, although probate or administration may not
have been taken out.
Tf the value of the said money and the personal
property exceeds the said sum of 750 rupees, the
Paymaster or other officer as aforesaid, having the
same in his charge or control, shall require probate
or administration to be taken out, and thereupon pay
and deliver the said money and effects to the legal
representative of the deceased. ,
100. In case any non-commissioned officer or
constable dies without having complied with the
requirements stated in Section 98 of this Ordinance,
and without having made any valid will under this or
any Law or Ordinance regulating wills for the time
being in force, the Paymaster or other officer as
aforesaid, having in his charge or control money or ,
personal property of the deceased as aforesaid, may,
with the concurrence of the Governor, pay or deliver
such money or personal property to any claimant
showing herself or himself to the satisfaction of the
Governor to be the widow of the deceased, or to be
the child or any near relative of the deceased,
according to the rules of kinship of the tribe to which
the deceased belonged; and where there are more
such claimants than one, then in such shares and
proportions as the claimants would be entitled to
receive under the rules of succession prevailing among
such tribes, or as nearly as may be.
101. Notwithstanding anything hereinbefore con-
tained, if in cases where probate of the will or
administration to the estate of the deceased is not
taken out, the Paymaster or other officer as aforesaid,
before disposing of the money and personal property
of the deceased in the mamner aforesaid, has notice
of any debt due by the deceased, he shall apply such
money and property so far as remaining in his charge
Caap. 12.] Police.
208
or control, or so much thereof as may be requisite, in
or towards payment of such debt, subject to the
following conditions :—
(1) That the debt accrued within three
years before the death.
(2) That payment of it is claimed within one
year after death.
(3) That the claimant proves the debt to
the satisfaction of the Governor.
Any person claiming to be a creditor of the
deceased shall not be entitled to obtain payment of
his debt out of any money that may be in the hands
of the Paymaster or other officer as aforesaid, except
by means of a claim on the Paymaster or the
Inspector-General, and proceeding thereon under and
according to this Ordinance.
102. In all cases where the money or the
personal property of the deceased, or any part thereof,
is paid or delivered to any person as being interested
therein by reason of his or her name having been
recorded in accordance with Section 98 of this
Ordinance, or under the will of the deceased, or as
his widow or child or near relative, or in any other
manner under this Ordinance, any creditor of the
deceased shall have the same rights and remedies
against such person as if he or she had received the
same as a legal personal representative of the
deceased.
103. If the money or personai property belonging
to the deceased, or any part thereot (provided that it
be less than 750 rupees), remains for -one year
undisposed of or unappropriated, and without any
valid claim thereto having been made, the Paymaster
or other officer having the charge or control thereof
shall apply and make over the same towards the
“ Police Fines and Rewards Fund.” Provided that
the application under this section of any such money ,
or property, or part. thereof, undisposed of or un-
appropriated as aforesaid, shall not be deemed to bar
any claim of any person to the same, or any part
thereof, that may be established at any time after
such application.
Property distri-
buted subject to
rights of creditors.
Money undisposed
of applied to
**Police Fines and
Rewards Fund.”
Proviso.
204:
Laws of the Uqanda Protectorate. [Cuap. 12.
Medals and
decorations
excepted.
Application cf
money, &c., in case
of desertion.
Repeal.
104. Medals, uniforms, and decorations shall not
be considered to be comprised in the personal estate
of any deceased, with reference to claims of creditors,
or for any of the purposes of administration under
this Ordinance or otherwise, and the same shall be
delivered to and held by the Inspector-General and
disposed of according to regulations made by the
Governor.
105. In every case of desertion the money or
the property of the deserter in the charge or control
of the Paymaster, or of any other officer as aforesaid,
shall be disposed of according to regulations made by
the Governor.
Provided that in every such case the provisions
of Section 99 of this Ordinance shall, mutatis mutandis,
apply as neariy as may be.
106. The Indian Police Act, 1861 (No. V. of 1861),
shall cease to be applied to the Protectorate. The
Uganda Armed Constabulary Ordinance, 1903,
together with all rules made thereunder, is hereby
repealed.
H. HESKETH BELL,
Governor.
ENTEBBE,
12TH Frepruary, 1908.
POLICE NOTICE,
REGULATIONS FoR TRAFFIC MADE UNDER Potice OrpDINANCE No. 1 or 1908.
Every person driving, riding, pulling or otherwise propelling any vehicle or
animal, meeting any other animal or vehicle being driven,-ridden, pulled or otherwise
propelled, shall keep his vehicle or animal on the left side of the road or street, and
shall not in any manner wilfully prevent any other person from passing him or any
vehicle or animal under his care on such road or street, and shall not by negligence
or misbehaviour prevent, hinder or interrupt the free passage of any person, vehicle
or animal, and shall keep his vehicle or animal on the left side of the road or street
for the purpose of allowing such passage.
Kapaa,
W. F. 8. EDWARDS, Caprai,
llra Aprit, 1908. Inspector-General of Police.
Cuap. 12.] Police.
No. 10 of 1908.
IDENTIFICATION OF PRISONERS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Uganda
Identification of Prisoners Ordinance, 1908.”
2. It shall be lawful for a Police-officer not
below the rank of Assistant-Inspector to take, and
record for the purpose of identification, the finger-
prints of all persons who may from time to time be
in the lawful custody of the Police.
3. Any person in the lawful custody of the Police
as aforesaid who shall refuse to submit in a proper
manner to the methods of identification aforesaid
shall be deemed guilty of a contravention of this
Ordinance, and shall on conviction be liable to a
fine not exceeding 200 rupees, or to imprisonment,
with or without hard labour, for a period not
exceeding one month, or to both.
4, The Governor may make such Rules for the
purpose of carrying this Ordinance into effect as he
may from time to time deem expedient, and may fix
such penalties for the breach or non-observance of any
Rule as he may think proper, not exceeding the
penalties imposed by this Ordinance; and when no
penalty is imposed by the Rules, the breach or
non-observance of any Rule shall be punishable to
the extent aforesaid.
H. HESKETH BELL,
Governor.
ENTEBBE,
47TH JUNE, 1908.
Mode of citation
Finger-prints may
be taken from all
persons in custody
of the Police.
Penalty for refusal
to submit to
methods of
identification.
Rules and penalties.
206
Laws of the Uganda Protectorate. [Cuap. 13,
CHAPTER XIII.
Prisons.!
No. 9 of 1909. The Uganda Prisons Ordinance, 1909.
Mode of citation.
Interpretation.
No. 9 of 1909.
PRISONS.
It is hereby enacted as follows :—
1, This Ordinance may be cited as ‘‘ The Uganda
Prisons Ordinance, 1909.”
2. In this Ordinance the following words and
expressions shall have the meaning assigned to them
Oe ee
unless there be something in the subject or context
repugnant to such meaning; that is to say :—-
$s g Yy
““Commissioner” means the Commissioner of
Prisons.
‘Superintendent ” means a Superintendent of
Prisons.
‘“‘Head Gaoler” means the European officer for
the time being appointed to be Head Gaoler of any
prison.
“Subordinate Officer” means an officer of a
prison below the rank of Head Gaoler.
‘« Prison-officer ” means all officers of the prisons
of whatever rank.
‘“Priscn” means any prison declared a prison
under Section 3 hereof.
“Prisoner” means any person, whether convicted
or not, under detention in any prison.
1 For Military Prisons, see Sectiors 45 and 46 of No, 8 of 1902, Chapter 53,
Military, post, page 845.
As tothe Custody of Vagrants, see Sections 5-7 of The Uganda Vagrancy
Ordinance, 1909, Chapter 46, post, page 604.
As to the identification of prisoners, see The Uganda Identification of
Prisoners Ordinance, 1908, ante, page 205.
See also Deportation and Removal, Chapter 11, page 164.
Cuap. 13.] Prisons.
207
“Criminal Prisoner” means any prisoner duly
committed to custody under the writ, warrant or order
of any Court or authority exercising criminal jurisdic-
tion, or by order of a Court-martial.
“Convicted Criminal Prisoner” means any crim-
inal prisoner under sentence of a Court or Court-
martial, and includes a person detained in prison under
the provisions of Chapter VIII. of The Code of
Criminal Procedure.
“Juvenile” means a person under the age of
sixteen years.
“ Medical Officer” means a European medical
officer, and in places or stations where there is no
such European medical officer, means a medical
subordinate assistant.
“European ” means a person of European origin
or extraction.
“Native” means a native of Africa.
“Remission System” means the regulations for
the time being in force regulating the award of marks
to, and the consequent shortening of sentences of,
prisoners.
“ Prohibited Article” means an article the intro-
duction or removal of which into or out of a prison is
prohibited by this Ordinance or any Rule thereunder.
3. The Governor may by notice in the Gazette
declare any prison in the Protectorate to be a prison
for the purposes of this Ordinance, or any part of it.
CONSTITUTION OF PRISON-OFFICERS.
4. The Prison-officers shall be of such a number
and shall, subject to the conditions of this Ordinance
or any other law for the time being in force, be con-
stituted in such manner and shall receive such pay as
shall from time to time be ordered by the Governor.
5. The Prison-otficers shall, unless otherwise
ordered, consist of the following :—
A Commissioner.
Superintendents.
Head Gaolers.
European Subordinate Officers,
The Governor may
apply Ordinance by
notice in the Gazette
to any prison.
Constitution of
Prison-officers.
Prison-officers,
208
Laws of the Uganda Protectorate. [CuHap. 13!
Commissioner of
Prisons.
Superintendent.
Places where no
Superintendent, &c.
Places where no
Superintendent,
Head Gaoler or
Inspector in charge
of a prison.
Head Gaoler.
Appointment of
Commissioner and ©
Superintendents,
Head Gaolers
and European
subordinate officers.
‘Native Subordinate -Officers :-—
- Chief Warders.
1st class Warders.
2nd class Warders.
3rd class Warders.
Matrons.
6. The administration of the prisons throughout
the Protectorate shall be vested in the Commissioner,
subject to the direction of the Governor.
7. The administration of a prison in a station or
district shall be vested in a Superintendent.
8. In any station or district where there shall be
a prison, but no Superintendent in charge of the same,
the Head Gaoler of such prison shall be in charge of
such prison, and where there shall be no Superin-
tendent or Head Gaoler in charge of a prison the
Inspector in charge of the Police at the place where
such prison is situate shall be in charge of such prison.
Such. Head Gaoler or Inspector shall, subject to the
provisions of this Ordinance, have the same powers
and. be subject to the same responsibility as a Super-
intendent in charge of a prison. ;
9. In any station or district where there shall be
a prison but no Superintendent, Head Gaoler or In-
spector in charge of the same, the Civil officer in
charge of such. station or district shall be in charge of
such prison with the powers and authority of a Super-
intendent, and such Civil officer shall in respect to
the discipline and interior economy of such prison
have regard to the directions of the Commissioner.
10. Where a Head Gaoler is appointed to a
prison, he shall, subject to the orders of the Superin-
tendent and to the provisions of this Ordinance and
any Rule thereunder, be competent to perform any of
the duties, and be subject to all the responsibilities, of
a Superintendent.
11. The Commissioner and Superintendents shall
from time to time be appointed by a Secretary of
State, or by the Governor, with the sanction of the
Secretary of State, and may be removed by the
Secretary of State. Head Gaolers and European
subordinate officers shall be appointed and may be
removed by the Governor,
CHap. 13.] Prisons.
209
12. Native subordinate officers shall, under such
regulations as the Governor shall from time to time
prescribe, be appointed, and may be removed by the
Commissioner, or by a Superintendent with the
direction of the Commissioner.
13. The Governor may make such rules as he may
from time to time deem expedient, and the Commis-
sioner may from time to time issue such instructions
and directions in accordance with this Ordinance, and
subject to the provisions thereof or any rules made
thereunder, respecting the appointment, discipline,
leave, discharge, training, arms and accoutrements,
clothing and equipment of the Prison-officers, the
prevention of contagious diseases, and all matters
connected therewith, as may be required for promoting
the discipline thereof, and may direct the employment
and distribution of the Prison-officers in the Pro-
tectorate as shall to him seem meet, subject to the
directions of the Governor.
Duties OF PRISON-OFFICERS.
14. Prison-officers shall obey strictly the regula-
tions and instructions which are from time to time
laid down for their guidance, and they shall maintain
order and enforce discipline with justice, firmness and
humanity.
15. Prison-officers shall not have any interest,
direct or indirect, in any contract for the supply of
goods to the prison, nor receive any fee or gratuity, or
have any business dealings with the prisoners, or with
the friends of the prisoners, or with the visitors to the
prisons.
16. (a) A Prison-officer may use his weapons
against any prisoner escaping or attempting to escape.
Provided that resort shall not be had to the use of
any such weapons unless such officer has reasonable
ground to believe that he cannot otherwise prevent
the escape.
(b) A Prison-officer may use his weapons on
any prisoner engaged in any combined outbreak, or in
any attempt to force or break open the outer wate or
enclosure wall of the prison, and may continue to use
such weapons so long as such combined outbreak or
attempt is being actually prosecuted.
4
Appointment of
native subordinate
officers,
Governor may make
rules,
Prison-officers to
obey regulations
and instructions
and maintain
discipline.
Prison-officers not
to be interested in
supply of goods, nor
to take gratuities.
Use of arms against
any prisoner cr
body of prisoners
in the case of an
outbreak or uttempt
to escape.
Complaints,
Prison-officers not
to enter cells at
night except as
mentioned,
Commissioner to
have control of
prisons.
Commissioner to
inspect prisons,
Responsibility of
Commissioner for
stores, &c.
Laws of the Uganda Protectorate.
i (Cuar. 13.
(c) A Prison-officer may use his weapons against
any prisoner using violence to any Prison-ofticer or
other person. Provided that such officer has reason-
able ground to believe that the Prison-officer or other
person is in danger of life or limb, or that other
grievous hurt is likely to be caused to him.
(2) Before using firearms against a prisoner under
the authority conveyed in clause (a), the Prison-officer
shall give a warning to the prisoner that he is about
to fire on him.
(e) No Prison-officer shall, in the presence of his
superior officer, use arms of any sort against a prisoner
in the case of an outbreak or attempt to escape except
under the orders of such superior officer.
(7) The use of weapons under this section shall
be as far as possible to disable and not to kill.
17. Complaints made to a subordinate officer or
Head Gaoler shall be reported by them as soon as
possible through the proper channels to the Superin-
tendent.
18. No Prison-officer shall enter a prisoner’s cell
at night unless accompanied by another, and then only
in case of sickness or emergency.
COMMISSIONER. |
19. The Commissioner, subject to the orders and
directions of the Governor, shall have the control and
direction of the prisons and Prison-officers throughout
the Protectorate, and may from time to time make
such appointments, promotions and reductions as
regards the Native subordinate officers as he may
think fit.
20. The Commissioner shall periodically visit and
inspect, or cause to be visited and inspected, all
prisons within the Protectorate.
21. The Commissioner shall be charged with and
accountable for all public stores of whatever descrip-
tion belonging to or appertaining to the prison at
Headquarters in case of their being lost, spoiled or
damaged, otherwise than by unavoidable accident,
CHar. 13.) Prisons.
theft, robbery or actual service, or by being destroyed
or otherwise disposed of under Sections 122 and 123.
22. Every Superintendent or Civil officer in
charge of a prison shall be charged with the arms,
accoutrements, ammunition, clothing, and all other
public stores issued and delivered for the use of the
prison and Prison-officers under his control, and with
all public monies for which he may be held account-
able, and also with all valuables, monies, articles of
clothing, and other property entrusted to his keeping
as being the property of prisoners, and shall account
for the same in case of their being lost, spoiled or
damaged, otherwise than by unavoidable accident,
theft, robbery, or actual service, or by being destroyed
or otherwise disposed of under Sections 45, 115,
or 116.
SUPERINTENDENT.
‘23. The Superintendent in charge of a prison
shall have control of that prison, and shall be
responsible for the conduct and treatment of the
Prison-officers and prisoners under his control. He
shall enforce due economy in connection with the
prison, sign all demands for stores, and insist upon
cleanliness and order in the building and among its
inmates.
24. The Superintendent shall be responsible for
the safe custody of all records, the commitment
warrants, and all other documents confided to his
care.
25. The Superintendent shall keep or cause to
be kept the following records, or so many of such
records as he may be ordered to keep or cause to be
kept by the Commissioner, subject to the approval of
the Governor.
Admission Register.
Diary.
Register of Prisoners’ Property.
Labour Distribution Register.
Prisoners’ Punishment Book.
Remission Register.
Discharge Register.
Sick Register.
Weightment Register,
$0 ONS Se Go NO
144
211
Responsibility of
Superintendent for
stores, &c.
Superintendent to
have control of
prison,
Superintendent to
be responsible for
safe custody of
records and
documents.
Records to be kept
hy Superintendent.
Laws of the Uganda Protectorate. [Cmap, i8,
Superintendent and
sick prisoners.
Superintendent and
prisoners,
Notice to be given
on death of a
prisoner.
Enquiry by
Magistrate.
Superintendent to
be responsible for
the discharge of
prisoners.
10. Abstract Register.
11. Muster Roll and Prison Staff Register.
12. Visitors’ Book.
13. Inspecting Officers’ and Visiting Justices’
Book.
14, Ration Register.
15. Stock Book.
16. Cash Book.
The above list of records may be varied, and such
other registers and books substituted or added
thereto as to the Commissioner shall seem meet, sub-
ject to the approval of the Governor.
26. The Superintendent shall hand to the medical
officer, daily, a list of those prisoners who are ill, or
who complain of illness, or who appear to him to
require attention in mind or body, and the medical
officer may make such recommendations to the
Superintendent as he shall think fit in relation to
such prisoners. Cases of sudden illness shall be
reported to the medical officer without delay.
27. The Superintendent shall see every prisoner
once at least in every 24 hours; go through the
prison twice a week at an uncertain hour of the night ;
test the prisoners’ rations and hear their complaints
daily, and report the complaints of prisoners, giving
them all reasonable facilities for stating their
grievances personally to the Commissioner or the
Visiting Justices ; and be specially careful of those
who are in solitary confinement.
28. Upon the death of a prisoner, the Super-
intendent shall give immediate notice to the medical
officer.
29. When any person dies while in the custody
of a Prison-officer the procedure laid down for enquiry
by the Magistrate into the cause of death in The Code
of Criminal Procedure, 1898, Section 176, shall apply
as if such person had died while in the custody of the
Police.
30. The Superintendent shall be responsible for
the due discharge of all prisoners immediately upon
their becoming entitled to release, whether by the
expiration ‘of their terms of sentence, or by pardon,
or by commutation, or by remissions of sentence.
Cuap. 13.] Prisons.
213
MEDICAL OFFICER.
31. Subject to the control of the Superintendent,
the medical officer shall have charge of the sanitary
administration of the prison. He shall visit the
prison at least once a week, and shall make a complete
sanitary inspection of the prison at least once in every
month.
32. The medical officer or his subordinate shall
visit the prison daily. The medical officer shall
examine every convicted Criminal or Civil prisoner on
admission and prior to discharge. He shall from
time to time inspect the prisoners while at hard
labour, and shall make such recommendations to the
Superintendent as he may consider desirable in regard
to modification of labour, diet and punishment. The
medical officer or his subordinate shall examine,
daily, every prisoner in solitary confinement or
hospital, or reported to him as being sick.
33. (a) The medical officer or his subordinate
shall enter in a register, kept for the purpose, his
comment on the cases sent to him for treatment.
(b) The medical officer shall on the death of
any prisoner record in the register the following par-
ticulars, so far as they can be ascertained, namely :—
(1) The day on which the deceased first
complained of illness, or was observed to be ill.
(2) The labour, if any, on which he was
engaged on that day.
(3) The scale of his diet on that day.
(4) The day on which he was admitted to
hospital.
(5) The day on which the medical officer
or his subordinate was first informed of the
illness. :
(6) The nature of the disease.
(7) When the deceased was last seen before
death by the medical officer or his subordinate.
(8) When the prisoner died, and (in cases
where a post-mortem examination is made) an
Medical officer and
sanitary
administration.
Medical officer and
prisoners.
Books to be kept by
medical officer.
Luws of the Uganda Protectorate.
Hospital.
Duty of Head
Gaoler.
Head Gaoler not to
be concerned in any
other employment.
Powers of Head
Gaoler in his
absence.
Matron aud female
prisouers
Senior subordinate
officer.
Subordinate officers
not to be absent
without leave,
[Cuap. 18.
account of the appearance after death, together
with any special remarks that appear to the
medical officer to be required.
34. In every prison an hospital or proper place
for the reception of sick prisoners shall, if possible,
be provided. ‘
Heap GAOLER.
35. The Head Gaoler shall reside in the prison,
unless the Superintendent permits him in writing to
reside elsewhere. He shall not be absent from his
quarters for a night without permission in writing
from the Superintendent. He shall not be concerned
in any other employment.
36. In the absence of the Head Gaoler or in
places where there is no Head Gaoler his duties and
authority shall devolve upon the senior subordinate
officer in so far as he is capable of performing such
duties, subject to the control of the officer in charge
of the prison.
MATRON.
37. In every prison in which female prisoners are
imprisoned there shall be a matron, who shall have
the care and superintendence of the female depart-
ment, and who shall enforce upon female prisoners
the observance of the prison regulations. The wards
where females are confined shall, if possible, be
secured by locks different from those securing the
wards allotted to males, and the keys shall be kept in
the custody of the matron. The matron shall conform
to the regulations in so far as they can be applied to
the treatment of females.
SUBORDINATE OFFICERS.
38. It shall be the duty of the senior subordinate
officer to insure that the instructions of the Super-
intendent are duly carried out. He shall see that the
subordinate officers know and perform their duties,
and shall exercise general supervision over the labour
of the prisoners, their meals and clothing.
39. No subordinate officer shall be absent from
the prison without the permission of the Superinten-
dent, Head Gaoler, or senior subordinate officer.
Cuap. 13.] Prisons.
215
40 No subordinate officer shall be given charge
of more than such number of prisoners as shall from
time to time be prescribed by the Commissioner as a
working party outside the prison. He shall count
the prisoners at frequent intervals, especially on
taking over charge, and on leaving any building
or work.
41. No subordinate officer shall punish a prisoner
unless ordered to do so.
42, The subordinate officer acting as gatekeeper
or any Prison-officer may examine anything carried in
or out of the prison, and may stop and search, or
cause to be stopped and searched, any person
suspected of bringing any prohibited article into or
out of the prison, or of carrying out any property
belonging to the prison, and, if any such ‘article or
property be found, shall give immediate notice thereof
to the Superintendent.
ADMISSION AND REMOVAL OF PRISONERS.
43. Every prisoner on admission must be accom-
panied by a warrant stating his name, order for
detention, or crime and sentence. These particulars,
together with a photograph of him (if procurable)
and a statement of his nationality, father’s name,
tribe, clan, village, chief, trade or occupation, probable
age, weight, height, general appearance, finger-prints,
identification marks, previous convictions (if any), and
date of release, shall be taken and shall be entered in
a register kept for that purpose.
44, Every prisoner, male or female, shall be
searched on admission by a Prison-officer of his or her
own sex, not in the presence of any other prisoner,
and all prohibited articles taken from him or her,
Every convicted Criminal or Civil prisoner shall be
medically examined as soon as possible after
admission.
45. On admission every convicted Criminal
prisoner shall be put into a prison suit, and shall be
supplied with a blanket and a sleeping mat. His
private clothes, money or other articles in respect
whereof no order of a competent Court has been
made, shall be placed in the custody of the Superin-
tendent, and shall be returned to him when released,
Subordinate officers
and working party.
Punishment of
prisoners by
subordinate officers,
Gatekeeper.
Admission of
prisoners and
warrants.
Admission register.
Search of prisoners
on admission.
Convicted Criminal
prisoner to be pro-
vided with prison
suit, blanket, and
sleeping mat.
216
Register of
prisoner’s property.
Prisoners may be
Temoved to any
prison in accord-
ance with orders
of the Governor.
Prisoners sentenced
ata place where
there is no
prison.
Removal of
prisoners from one
prison to another.
Idem,
Discharge ofisick
prisoners.
Release of
prisoners.
Discharge of
prisoners ina
district to which
they do not belong.
Gratuity to
prisoners.
Laws of the Uganda Protectorate.
[Cuap. 13.
an inventory of the same being entered in the register
kept for the purpose. Provided that in any case
where such prisoner’s clothing is so old, worn out or
filthy as to be useless, or not capable of being cleaned,
the Superintendent may order the same to be des-
troyed, and in such case, on the release of such
prisoner, the Superintendent may give him clothing
not exceeding in value two rupees.
46. Prisoners on being sentenced, or during con-
finement, may be removed to any prison in the
Protectorate, in accordance with any general or
special orders to be made by the Governor.
+7. Prisoners, if sentenced to imprisonment ata
station at which there is no prison, shall be removed
as soon as possible to the prison specified in such
general or special orders. .
48. All prisoners previously to being removed
to any other prison shall be examined by the medical
officer,
49. No prisoner shall be removed from one
prison to another unless the medical officer certifies
that the prisoner is free from any illness rendering
him unfit for removal.
50. No prisoner, if labouring under any acute or
dangerous distemper, shall be discharged against his
will trom prison, nor until, in the opinion of the
medical officer, such discharge is safe.
51. All prisoners shall be discharged at noon, on
the date on which they are entitled to be released,
but should that date fall on a Sunday, Christmas-day,
Good Friday, or any public festival, they shall be
released at noon on the day previous.
52. Prisoners discharged from a prison situate
in a district to which they do not belong may, by the
direction of the Commissioner, if they so desire, be
returned at Government expense to their own district,
or supplied with a sum of money sufficient to take
them back.
58. With a view to prevent the repetition of
crime, when prisoners are discharged without friends
or means of subsistence, it shall be in the discretion
Cap. 13.] Prisons.
of the Superintendent to pay a gratuity, not exceeding
three rupees, in deserving cases, and only after full
enquiry has. been made. Should the Superintendent
not consider this sum sufficient, he must obtain
authority in writing from the Commissioner before
paying any higher gratuity.
DISCIPLINE OF PRISONERS.
54, Male and female prisoners shall be imprisoned
in separate buildings, or separate parts of the same
building, in such manner as to prevent their seeing
or conversing or holding any intercourse with each
other.
55. Male prisoners under the age of 18 shall if
possible be separated from the other prisoners, and
prisoners who have arrived at the age of puberty
shall if possible be separated from those who have not.
56. Unconvicted Criminal prisoners and all others
committed for safe custody only shall be kept apart
from convicted Criminal prisoners. They shall not be
required to do any labour other than such as is
required to keep their rooms, furniture and utensils
clean, and they shall be allowed to have this work
done for them at their own expense. Employment
may be given to them at their own request.
57. Civil prisoners shall be kept apart from
Criminal prisoners.
58. Subject to the requirements of Sections 54
to 57, convicted Criminal prisoners may be confined
either in association or individually in cells, or partly
in one way and partly in the other.
59. The rooms or wards where a number of
prisoners are confined shall be lighted at night, and
be under the constant supervision of the Prison-
officers.
60. No male Prison-officer shall enter or remain
in a room in which female prisoners are confined
unless accompanied by a matron.
61. No cell shall be used for solitary confinement
unless it is furnished with the means of enabling the
Separation of male
and female
prisoners.
Male prisoners
under 18 years
of age.
Unconvicted
Criminal prisoners
and others
committed for safe
custody only.
Civil prisoners.
Confinement of
convicted Criminal
prisoners.
Wards to be lighted
and under
supervision.
Male officer and
female prisoners.
Solitary confine-
ment.
Laws of the Uganda Protectorate. [CHap. 13.
+
Supervision of
prisoners under
sentence of death.
~
Access to prisoner
sentenced to death.
Executions.
Washing and
bathing.
Cells.
N ight-soil buckets,
Barber and hair-
cutting.
prisoner to communicate at any time with a Prison-
officer, and every prisoner so confined in a cell for
more than 24 hours, whether as a punishment or
otherwise, shall be visited at least once a day by the
medical officer or his subordinate.
PRISONERS UNDER SENTENCE OF DEATH.
62. Every prisoner under sentence of death shall
be confined apart from other prisoners in a special cell,
and shall be under constant supervision by day and
night.
63. Except on the written order of the Governor,
no one shall have access to a prisoner under sentence
of death except Prison-officers, the medical officer or
his assistant, and the ministers of the religious
denomination to which he belongs.
64. Executions shall be attended by the Superin-
tendent, the Head Gaoler and the medical officer,
and may be attended by a minister of the denomina-
tion to which the prisoner belongs.
CLEANLINESS.
65. Convicted Criminal prisoners shall wash their
suits once a week at a time appointed by the Superin-
tendent, and shall bathe every evening after work.
Other prisoners shall comply with the reasonable
instructions of the Superintendent as to cleanliness.
66. Cells shall be swept every morning, and
buckets cleaned and water-jars filled with fresh water.
The cells shall be thoroughly ventilated by leaving
the doors open in the day, and the walls and roof
shall be swept and whitewashed whenever necessary.
67. The night-soil buckets shall be emptied every
morning after the working gangs have left the prison.
68. A barber shall visit the prison once a week,
and every convicted Criminal prisoner’s hair and beard
shall he shaved or cut once a week. Provided always
that if it shall be contrary to the religious belief of
any such prisoner, his hair or beard shall not be
shaved or cut. During the last month of imprison-
ment a prisoner’s hair or beard shall not be shaved or
Cuap. 13.] Prisons.
cut unless he so desires. The hair of a female
prisoner shall not be cut or shaved unless she so
desires.
Foop, CLOTHING AND BEDDING oF CIVIL AND
UNCONVICTED CRIMINAL PRISONERS.
69. A Civil prisoner or unconvicted Criminal
prisoner shall be permitted to maintain himself, and
to purchase, or receive from private sources at proper
hours, food, clothing, bedding or other necessaries,
but subject to examination and such regulations as
may be approved by the Commissioner.
70. No part of any food, clothing, bedding or
other necessaries belonging to a Civil or unconvicted
Criminal prisoner shall be given, hired or sold to any
other prisoner ; and any such prisoner transgressing
the provisions of this section shall lose the privilege
of purchasing food, or receiving it from private
sources, for such time as the Superintendent think
proper.
71. Every Civil prisoner and unconvicted Criminal
prisoner unable to provide himself with sufficient
clothing and bedding shall be supplied by the
Superintendent with such clothing and bedding as
may be necessary. When any Civil prisoner has been
committed to prison in execution of a decree in
favour of a private person, such person, or his repre-
sentative, shall, within 48 hours after receipt by him
of a demand in writing, pay to the Superintendent
the cost of the food, clothing and bedding for the
prisoner ; and in default of such payment the prisoner
may be released.
Diet AND Dietary SCALE.
72. The prisoners’ food shall be sufficient in
quantity, and wholesome in quality, suitable for men
living and working in confinement. In no case shall
hard work and low diet be combined.
73. The quality and quantity of the rations
shall frequently be tested by Inspecting Officers,
Visiting Justices and the Superintendent, and the
prisoners shall be allowed, if they wish to do so,
to see their rations weighed for themselves.
Maintenance of
certain prisoners
from private
sources.
Food, &c., not to be
transferred to
other prisoners,
Supply of clothing
and bedding to Civil
and unconvicted
Criminal prisoner
Prisoners’ food.
Quality and
quantity to be
frequeutly tested.
220 _ Laws of the Uganda Protectorate. [Cuap, 13,
a 74, The following shall be the scale of diet in
the prisons :—-
(a) Seale of dietary for Europeans :—
6a.m. Tea, $ 0z.; bread, 8 oz. ; sugar, 3 02.
12 noon. Meat, cooked without bone, 6 oz. ;
fresh vegetables, 4 0z.; bread, 4 oz.;
ghee, 1 oz. ; salt, 4 oz.
6p.m. Fresh vegetables, 4 oz. ; bread, 4 oz. ;
ghee, 1 oz. ; salt, + oz.
Penal Diet :—Bread 12 oz. ; salt $0z., twice
daily. |
(b) Dietary for natives, save when otherwise
specially directed by the Commissioner,
during the first three months of their im-
prisonment :—
12 noon. Beans, maize or rice, or flour
made from mtama, bananas, or mhogo,
3 lb.; or green plantains, 20 ; or sweet
potatoes, 2 lb. ; salt, $ oz.
5 p.m, Do.
Penal Diet :—4 of above scale.
(c) Dietary for natives, save when otherwise
specially directed by the Commissioner,
after the first three months of their im-
prisonment :—
The same as foregoing, except that instead
of half their ordinary ration they shall
receive 1 Ib. of meat on Sundays.
(d) Dietary for Indians, Arabs and others (not
being Europeans or natives) for the first
three months of their imprisonment :—
6 a.m. One chopatti, made uf 4 oz. of atta
flour.
12 noon. Rice, 8 oz.; dhall,3 oz. ; sim sim
oil, 1 oz.; onions, $ oz.; salt, 4 02;
condiment, 4 oz.
5p.m. Two chopatties, made of 6 oz. of atta;
meat, 6 oz.; sim sim oil, 1 oz. ; onions,
4 oz.; vegetables, 2 ozs.; salt, $ 0z.;
condiment } oz.
Penal Diet :—Rice, 8 oz. ; salt, $ oz. ; twice
daily.
Cuap. 13.] . Prisons.
221
(¢) Dietary for Indians, Arabs and others (not
being Europeans or natives) after the first
three months of their imprisonment :—
The same as in foregoing scale, except that
at 12 noon they shall receive 10 oz. of
rice and 4 oz. of dhall.
(/) The quantity of rice refers to dry rice
before it is cooked, and not to rice after
cooking.
75. Such scale may be varied in the case of
necessity or in the case of any particular prison by
the Superintendent. Any such variation shall forth-
with be reported by the Superintendent to the
Commissioner, who shal] submit such report to the
Senior Medical Officer, and in the event of the Senior
Medical Officer being of opinion that the scale as
varied is not sufficient for the needs of the prisoners
and should be amended, the Commissioner shall issue
instructions for its amendment accordingly, or refer to
the Governor for directions.
76. Each prisoner shall be weighed at least once
a month, and his weight entered in the weightment
book. Should any serious falling off in weight be
observed, the attention of the medical officer shall be
directed to it.
LABour.
77. Prisoners sentenced to hard labour shall be
employed on the construction of roads, buildings,
scavenging, municipal sanitation, chopping firewood,
or such other work as the Superintendent may direct,
with the approval of the Commissioner.
78. Prisoners sentenced to simple imprisonment
must not leave the prison, but shall be given light
employment within the walls, such as tailoring,
cooking, or drawing water.
79. Female prisoners shall not be employed out-
side the prison, except on the recommendation of the
medical officer, and then only on such labour as is
suitable for women.
80. Cells shall be opened at 6 a.m. each morning,
and labour gangs shall be distributed for works at 7
Scale may be
varied,
Weighing of
prisoners.
Prisoners sentenced
to hard labour.
Prisoners sentenced
to simple
imprisonment.
Female prisoners.
The working day.
222
Laws of the Uganda Protectorate. (Cuap. 18,
Prison labour
outside gaols,
Visits from friends
and letters.
Dangerously sick
prisoners.
Prisoners other
than convicted
Criminal prisoners
Ministers of
religion.
Visitors to prison,
a.m. There shall be one hour’s rest from 11.30 a.m.
to 12.30 noon for food. Gangs working at a distance
from the prison shall have their food brought to them,
and shall return to the prison not later than 5 p.m.
Cells shall be locked for the night at 6.30 p.m., after
all the prisoners have been called over by the Head
Gaoler. Sunday shall be observed asa day of rest,
except in exceptional circumstances.
81. All prison labour outside the gaol shall be
under the supervision of the Superintendent.
VISITS TO PRISONERS.
82. Convicted Criminal prisoners shall be allowed
once in every three months to receive a visit from
friends, in the sight and hearing of a Prison-officer,
and to write and receive a letter. No other visit or
communications, save under the next following section,
shall be permitted, except by an order in writing from
the Commissioner or one of the Visiting Justices.
In no case shall a prisoner under punishment for any
offence committed within the prison, or in close con-
finement under the sentence of any Court, be
permitted to receive any visit or communication, ex-
cept on special grounds stated in the order.
83. If a prisoner, dangerously sick, desires to be
visited by any relation or friend, the medical officer
may give an order in writing for the admission of such
relation or friend if he considers it advisable.
84. All prisoners, other than convicted Criminal
prisoners, shall be given all reasonable opportunities,
daily, of communicating with their friends or legal
adviser, and they may write or receive letters.
Prisoners under trial shall be allowed to see their
duly qualified legal advisers in private, so far as
possible, so that they cannot be overheard.
85. The minister of the denomination to which
a prisoner belongs shall be invited to visit the prison
if any prisoner so desires it, and shall be permitted
to hold services at such hours and in such places as
the Commissioner may sanction.
86. The Superintendent or Head Gaoler shall
demand the name and address of any visitor to a
prisoner, and shall enter same in the book provided
Cuar. 13.] Prisons.
for the purpose, and, when the Superintendent or
Head Gaoler has any ground for suspicion, he may
search any visitor, or cause him to be searched, but
the search shall not be made in the presence of any
prisoner or of any visitor. In case of any such visitor
refusing to permit himself to be searched, the Superin-
tendent or Head Gaoler may deny him permission,
and the grounds of such proceeding, with the particu-
lars thereof, shall be mentioned in the said book.
VISITING JUSTICES.
87. (a) There shall be Visiting Justices of every
prison.
(b) The following are ex-officio Visiting Justices
of every prison in the Protectorate, namely, the
Judges of the High Court, and the Officer Command-
ing Troops of the Uganda Protectorate.
(c) The Provincial Commissioner of the Province
and the District Commissioner and Assistant District
Commissioner of the district in which a prison is
situated shall be e2-oficio Visiting Justices of that
prison.
(dz) The Governor may appoint by notice in the
Gazette such other persons, not exceeding five in
number, to be Visiting Justices of any prison.
88. Some one or more Visiting Justices shall
visit the prison not less than once a week, and may
call for all the books, papers and records of every
department of the gaol; may visit every ward, yard
and cell and see every prisoner in confinement ; may
inspect and test the quality and quantity of the
prisoners’ food ; and shall ascertain, so far as possible,
whether the rules and regulations are adhered to.
On the completion of the visit, he or they shall enter
in the Visiting Justices’ book such remarks, sugges-
tions or recommendations as may seem advisable.
89. Every Visiting Justice shall for the purpose
of this Ordinance have power to summon witnesses
and to administer oaths.
REMISSION SYSTEM.
90. Convicted Criminal prisoners shall be divided
into two classes, vz, :—Short term prisoners, sentenced
Visiting Justices.
Duties of Visiting
Justices,
Visiting Justices,
witnesses and
oaths,
Classes of convicted
Criminal prisoners.
224
Laws of the Uganda Protectorate. [Cuap, 13,
Long term
prisoners and
remission of part
of sentence.
Governor may
grant further
remission of
sentence.
Remission earned
not to be cancelled
except by loss of
marks,
Life sentence to be
considered at the
end of fifteen years.
to imprisonment for six months and under ; long term
prisoners, whose sentences exceed six months.
91. Long term convicted Criminal prisoners, by
industry and good conduct, may, after the completion
of six months’ imprisonment, earn by a system of
marks remission of a quarter of the remaining period
of their sentence. .
Every day of the sentence still to run shall be
represented by 6 marks, and a prisoner may earn :—
(a) 8 marks per day for good conduct and
steady, persevering labour.
(0) 7 marks per day for a less degree of
industry.
(c) 6 marks per day for indolence and
indifferent behaviour.
When a prisoner has gained the number of
marks that represent the remaining period of his
sentence he shall be entitled to be released. On
Sundays and holidays, or when a prisoner is sick in
hospital or otherwise incapacitated for labour, he
shall be allotted marks per day in accordance with
his industry during the week immediately preceding.
The prisoner shall be informed at the end of each
month of the number of remission marks he has
earned. Great care shall be taken by the principal
Prison-ofticers to prevent any prisoner being prejudiced
in earning remission marks by reason of the ill-will
of any subordinate officer, or being unduly favoured
in this matter contrary to his deserts.
92. The Commissioner may recommend to the
Governor, and the Governor may grant, a further
remission on special grounds, such as exceptional
merit or permanent ill-health.
93. Remission earned by marks cannot be can-
celled otherwise than by Joss of marks awarded as a
punishment in manner hereinafter provided.
94. The sentence of a prisoner sentenced to
imprisonment for life shall be specially considered at
the end of fifteen years, with a view to the release of
such prisoner, and the Governor shall give such
directions in the matter as he shall think fit.
Cuap. 13.] Prisons.
225
OFFENCES IN RELATION To PRISONS.
95. Save as is provided by Section 69, any person
who brings, throws or attempts by any means what-
ever to introduce into any prison, or to give to any
prisoner, any spirituous liquor, tobacco,’ any intoxi-
cating or poisonous drug, or any article whatsoever ;
aud whoever, contrary to any rule, communicates or
attempts to communicate with any prisoner, and
whoever abets any offence made punishable by this
section, shall, on conviction, be liable to imprison-
ment of either description, which may extend to six
months, or toa fine not exceeding 300 rupees, or both.
96. When any person, in the presence of any
Prison-officer, commits or attempts to commit any
offence specified in the last foregoing section, and
refuses on demand of such Prison-officer to state his
name and residence, or gives a name or residence
which such Prison-officer knows or has reason to
believe to be false, such Prison-ofticer may arrest him,
and shall without unnecessary delay make him over
to a Police-officer, and thereupon such Police-officer
shall proceed as if the offence had been committed in
his presence.
97. The Superintendent shall cause to be affixed,
in a conspicuous place outside: the prison, a notice in
English and the vernacular, setting forth the acts
prohibited under Section 95, and the penalties
incurred by their commission.
PRISON OFFENCES.
98. The punishment tor misconduct shall be loss
of marks, solitary confinement, penal diet, and in very
serious cases in respect to male convicted Criminal
prisoners, corporal punishment. A prisoner shall not
be subjected to solitary confinement or penal diet
until certified medically fit to undergo it by a medical
officer, or, in case no medical officer is available, by a
Prison-ofticer of or above the rank of Superintendent
or by a European officer of the Administration, and
shall not be subjected to corporal punishment until
certified medically fit to. undergo it by a medical
officer.
15
Penalty for intro-
duction or removal
of prohibited
articles into and
from prison, and
unauthorised
communication
with prisoners,
Power of arrest for
offences under
preceding section.
Publication of
penalties.
Punishment for
prison offences.
226
Prisoner to be
allowed to make
his defence.
Corporal
punishment,
Solitary
confinement.
Prison offences
Laws of the Uganda Protectorate. [Cuap. 13,
99. No prisoner shall be punished until he has had
an opportunity of hearing the charge and evidence
against him, and making his defence.
100. Where corporal punishment is awarded, the
number of strokes shall be limited in the case of
adults to twenty-four, with such instrument only as
the Governor has approved, and in the case of
juveniles to twelve with a birch rod.
101. Solitary confinement may or may not be
combined with penal diet, but penal diet shall not be
combined with hard labour.
102. The following acts are declared to be prison
offences when committed by a prisoner :—
(1) Quarrelling with any other prisoner.
(2) Making groundless complaints.
(3) Making false charges against Prison-officers in
reply to any question as to matters concerning the
gaol or gaol discipline, or answering untruthfully
any question as to matters contained in Section 43
put by a Prison-officer or an official visitor.
(4) Holding any communication in writing, by
word of mouth, or otherwise with an outsider, with
a prisoner -of the opposite sex, Civil prisoner or
prisoner awaiting trial, in disobedience ot the regu-
lations of the prison.
(5) Doing any act calculated to create any
unnecessary alarm in the minds of the prisoners or
Prison-officers.
(6) Omitting or refusing to march in file when
moving about the prison, or proceeding to or returning
from work.
(7) Refusing to eat the food prescribed by the
prison diet scale.
(8) Eating or appropriating any food not assigned
to him, or taking or adding to the portions assigned
to other prisoners.
(9) Without permission of a Prison-officer re-
moving food from the cook-house, or from the place
where meals are served, or disobeying any order as
to the issue and distribution of food and drink. |
(10) Wilfully destroying food, or throwing it
away without orders. ;
(11) Introducing into. food or drink anything
likely to render it unpalatable or unwholesome.
Cuap. 13.] Prisons.
227
(12) Omitting or refusing to wear the clothing
given to him, or exchanging any portion of it for the
clothing of other prisoners ; or losing, discarding,
damaging, or altering any part of it.
(13) Removing, defacing, or altering any dis-
tinctive number, mark, or badge attached to, or worn
on, the clothing or person.
(14) Omitting or refusing to keep the person
clean, or disobeying any order regulating the cutting
or shaving of hair.
(15) Omitting or refusing to keep clothing,
blankets, bedding, or fetter clean, or disobeying any
order as to the arrangement or disposition of such
articles.
(16) Tampering in any way with prison locks,
lamps or lights, or other property with which he has
no concern.
(17) Stealing the prison clothing or any part of
the prison kit of any other prisoner.
(18) Committing a nuisance in any part of the
prison.
(19) Defacing or injuring the walls, furniture or
other property of the prison.
(20) Spitting on or otherwise soiling any floor,
doors, wall or other part of the prison building, or
any article in the prison.
(21) Wilfully befouling the wells, latrines, wash-
ing or bathing places.
(22) Omitting or refusing to take due care of all
prison property entrusted to him.
(23) Omitting or refusing to take due care of, or
injuring, destroying or misappropriating the materials
and implements entrusted to him for work.
(24) Wilfully causing to himself any illness, injury
or disability.
(25) Causing or omitting to assist in suppressing
violence or insubordination of any kind.
(26) Taking part in any attack upon any Prison-
officer or upon another prisoner.
(27) Omitting or refusing to help any Prison-
officer in case of an attempted escape, or of an attack
upon such officer or upon another prisoner.
(28) Disobeying any lawful order of a Prison-
officer, or omitting or refusing to perform duties in
the manner prescribed.
15a
, vo
Ww
a
Laws of the Uganda Protectorate. [Cuap. 13.
(29) Treating with disrespect any Prison-officer or
servant of the prison, or any visitor, or any person
employed in connection with the prison.
(30) Being idle, careless or negligent at work, or
refusing to work.
(31) Leaving his cell or other appointed location,
_ or his place of work, or file assigned to him without
Extra-mural
custody, controland
employment of
prisoners.
Punishment of
prisoners.
permission.
(32) Having in his possession any article he is not
entitled to have.
(33) Any assault or use of criminal force.
(34) Cursing, swearing, or making unnecessary
noise.
(35) Immoral, or disorderly, orindecent behaviour.
(36) Using insulting, threatening, or indecent
language.
(37) Malingering.
(38) Wilfully bringing a false accusation against
any Prison-officer or prisoner.
(39) Escaping, or conspiring to escape or assist in
escaping, or to commit or attempt to commit any other
of the offences aforesaid.
(40) Abetting the commission of any prison
offence.
(41) Any other act, conduct, disorder or neglect
to the prejudice of good order or discipline, though
not specified in the foregoing sub-sections.
103. A prisoner when being taken to or from
any prison in which he may be lawfully confined, or
whenever he is working outside or is otherwise beyond
the limits of any such prison, in or under the lawful
custody or control of a Prison-ofticer belonging to such
prison, shall be deemed to be in prison, and shall be
subject to all the same incidents as if he were actually
in prison.
104. The Commissioner or Superintendent may,
after due enquiry, punish any prisoner guilty of any
such offence by :—
(a) Solitary confinement up to 48 hours.
(b) Penal diet not exceeding 4 days.
(c) Loss of marks not exceeding 168.
Crap. 13.] Prisons.
bs
©
(2d) Hard labour for a period not exceeding
7 days in the case of convicted Criminal prisoners
not sentenced to rigorous imprisonment.
105. In every case of aggravated, more serious Punishment for
= aggravated or
or repeated offence, any one or more of the following — repeated prison
punishments may be imposed by the Commissioner or
Superintendent after due enquiry :—
(a) Solitary confinement, with or without
penal diet, for a period not exceeding 28 days.
(6) Loss of marks not exceeding 2,000.
(c) Corporal punishment.
Provided as follows :—
(a) The solitary confinement shall not be
continuous for more than 7 days, and an interval
of 7 days shall elapse before a further period of
such confinement.
(b) If an offender is sentenced to penal diet
ior a longer period than 4 days :—
(z.) In the case ofa person, not being a
native, the penal diet shall not be imposed
for more than 3 days continuously, with an
interval of 3 days before it is again imposed.
(i.) In the case of a native, the penal
diet shall not be imposed for more than 7
days continuously, with an interval of one
day before it is again imposed.
(c) Every sentence of corporal punishment
imposed by any Prison-officer below the rank of
Superintendent shall, before being carried into
execution, be confirmed by a Magistrate, or the
Commissioner, or a Superintendent.
(d) Corporal punishment shall not be awarded
except for mutiny or incitement to mutiny,
personal violence to any person, grossly abusive
or offensive language, or any act of grave mis-
conduct or insubordination, or for repeated
offences against prison discipline.
(e) No sentence of corporal punishment
shall be carried out until a period of twenty-four
hours has elapsed, nor unless under the super-
intendence of a medical officer, nor until such
230 Laws of the Uganda Protectorate. [Cuap. 13.
medical officer shall certify as to the physical
fitness of the offender to undergo the same, and
in relation thereto the said medical officer may
give, and shall have carried out, such orders for
preventing injury to health as he may deem
necessary, and in case the said medical officer
shall order the punishment to be discontinued, it
shall be discontinued immediately.
(f) Corporal punishment shall not be in-
flicted upon any female prisoner, or upon any
prisoner under Civil process or imprisoned as a
vagrant.
(7) No prisoner may be detained in custody
after his sentence expires, regard being had to
Section 51, notwithstanding that he may, owing
to loss of marks, have failed to earn the number
which represents his sentence, unless he shall
have been again brought before a Court of
Justice and again sentenced.
Ram ees eet 106. A prisoner may, when necessary, be charged
offence. before any Magistrate of the first or second class with
any offence against prison discipline, whether included
in Section 102 or not, and such Magistrate shall have
power to award imprisonment for a term not exceed-
ing six months, with or without hard labour, together
with any such punishment as may, under this Ordi-
nance, be awarded by a Superintendent. Such
sentence shall run from the expiration of any previous
sentence. Provided that nothing in this Ordinance
shall be construed to exempt any prisoner from being
proceeded against for any offence by the ordinary
course of law, and provided that no prisoner shall be
punished twice for the same offence.
Bsieieg a usb 107. (1) In the punishment book prescribed in
Section 26 there shall be recorded, in respect of
every punishment inflicted, the prisoner’s name,
register number, and the class to which he belongs,
the prison offence of which he is guilty, the date on
which such prison offence was committed, the number
of previous prison offences recorded against the
prisoner, and the date of his last prison offence, the
punishment awarded, and the date of infliction.
(2) In the case of every serious prison offence,
the names of the witnesses proving the offence shall
be recorded, and in the case of offences for which
Cuap. 13.] Prisons.
231
whipping is awarded the Commissioner or the Super-
intendent shall record the substance of the evidence
of the witnesses, the defence of the prisoner, and the
finding, with the reasons therefor. ;
(3) Against the entries relating to such punish-
ment the Commissioner or the Superintendent shall
affix his initials as evidence of the correctness of the
entries.
OFFENCES BY SUBORDINATE OFFICERS.
108. Provided that nothing in this Ordinance
shall be construed to exempt any Prison-officer from
being proceeded against for any offence by the ordi-
nary course of law, any native subordinate officer
who :—
(1) Uses traitorous or disloyal words regarding
the Sovereign ; or,
(2) Strikes or uses or offers any violence against
his superior officer, or uses threatening or insubordi-
nate language to his superior officer ; or,
(3) Wilfully disobeys any lawful command ; or,
_ (4) Is drunk, or drinks intoxicants while actually
on duty ; or,
(5) Absents himself without leave ; or,
(6) Sleeps on his post; or leaves it before being
regularly relieved, except in fresh pursuit of any
offender whom he ought to apprehend ; or,
(7) Being under arrest or confinement, leaves or
escapes from his arrest or confinement before he is
set at liberty by proper authority ; or,
(8) Neglects or refuses to assist in the appre-
hension of any Prison-officer charged with any
offence ; or,
(9) Allows any prisoner to escape who is com-
mitted to his charge, or whom it is his duty to keep
or guard ; or,
(10) Offers unwarrantable personal violence to
any person in his custody ; or,
(11) Is guilty of cowardice ; or,
(12) Fires his rifle without just cause or orders ;
or,
(13) Without cause fails to appear at any parade
appointed by his superior officer ; or,
Offences by native
subordinate officers.
2
2
Laws of the Uganda Protectorate. [CHap. 18,
(14) Pawns, sells, loses by neglect, makes away
with or wilfully spoils his arms, accoutrements,
clothing or necessaries, or any medal or decoration
granted to him for service or good conduct ; or,
(15) Steals any money or goods the property of
any Prison-officer or prisoner, or steals or embezzles
any Government money or goods, or receives any
such money or goods knowing them to have been
stolen or embezzled from any Prison-officer or prisoner,
or the Government ; or,
(16) Commits any act of plunder or wanton
destruction of property ; or,
(17) Solicits or accepts a gratuity ; or,
(18) Is slovenly, inattentive, uncivil or quarrel-
some ; Or,
(19) Does not keep his rifle clean ; or,
(20) Loses without any reasonable cause any
ammunition issued to him ; or,
(21) Without due authority discloses or conveys
any information concerning any investigation or
departmental matter ; or,
(22) Malingers or feigns or produces any disease
or infirmity ; or,
(23) Is wilfully guilty of misconduct, or wilfully
disobeys, whether in hospital or otherwise, any orders
by means of which misconduct or disobedience he
produces or aggravates disease or infirmity, or delays
its cure; or,
(24) Incurs debt ; or,
(25) Without proper authority exacts from any
person carriage, porterage or provisions ; or,
(26) Resists an escort whose duty it is to appre-
hend him or to have him in charge ; or,
(27) Breaks out of warders’ lines, camp or
quarters ; or,
(28) Makes any false statement on becoming a
Prison-officer ; or,
(29) Refuses, or by culpable neglect omits, to
mak’ or send a report or return which it is his duty
to make or send ; or,
(30) Makes a false accusation against any Prison-
officer or prisoner, knowing such accusation to be
false ; or,
Cap. 13.] Prisons.
233
(31) In making a complaint, where he thinks
himself wronged, knowingly makes any false state-
ment. affecting the character of any Prison-officer, or
knowingly and wilfully suppresses any material
facts ; or,
(32) Engages without authority in any employ-
ment other than his duty as a Prison-ofticer ; or,
(33) Is guilty of any other act, conduct, disorder
or neglect to the prejudice of good order and
discipline ;
shall be deemed to have committed an offence against
discipline.
109. The Commissioner or a Superintendent
may enquire into any such offence, and determine
thereupon, and punish such offence by :—
(a) Fine not exceeding five rupees, to be
levied by stoppages from the offender's pay.
(6) Reduction by one grade only.
110. In every case of aggravated, more serious,
or repeated offence, any one or more of the following
punishments may be imposed :—
(a) Fine not exceeding ten rupees, to be
levied by stoppages from the offender’s pay.
(6) Reduction in grade.
(c) Imprisonment, with hard labour, not
exceeding one month.
(d) Dismissal.
Provided that any sentence of reduction of more
than one grade or dismissal shall be confirmed by the
Commissioner.
111. Every Head Gaoler, or European or native
subordinate officer who shall be guilty of any viola-
tion of duty, or wilful breach of any rule or regulation,
or lawful order made by a competent authority, or
who shall withdraw from the duties of his office
without permission, or without having given two
months’ previous notice in writing of his intention to
so withdraw, or who shall wilfully overstay any leave
granted to him, or who shall engage without authority
in any employment other than his prison duty, or
who shall be guilty of cowardice, shall be liable, on
conviction before a Magistrate, to a fine not exceeding
Punishinent for
offences by
subordinate native
officers..
Punishment for
aggravated or
repeated offences
by native subor-
dinate officers.
Trial by Magistrate
of Head Gaoler, or,
subordinate officer,
for offences.
234
Laws of the Uganda Protectorate. [Cuap. 13.
Comuissioner of
Prisons to direct
method of securing
prisoners,
Temporary
accommodation for
prisoners.
Power to Governor
to grant licence to
prisoner to be at
large.
Holder of licence to
be allowed to go at
large.
Apprehension of
risoner where
icence revoked.
200 rupees, or to imprisonment, with or without hard
labour, for a period not exceeding six months, or
both.
SarE CustoDY OF PRISONERS.
112. The Commissioner shall direct the manner
in which prisoners are to be secured and the weight
of fetters to be worn, and when either the- state of
the prison or the character of the prisoners make
such a course necessary, he shall issue such further’
directions as he may consider necessary for their safe
custody. The directions of the Commissioner in
regard to these matters shall be submitted to the
Governor for his approval or otherwise.
113. Whenever it appears to the Commissioner
that the number of prisoners in any pfison is greater
than can conveniently or safely be kept therein, and
it is not convenient to transfer the excess number to
some other prison, or whenever, from the outbreak of
epidemic disease or for any other reason, it is desir-
able to provide for the temporary shelter and safe
custody of any prisoners, provision shall be made by
such officer, in such a manner as the Governor may
direct, for the shelter and safe custody in temporary
prisons of so many of the prisoners as cannot be
conveniently or safely kept in the prison.
LIcENCE TO PRISONER TO BE AT LARGE.
114. The Governor may grant to any prisoner a
licence to be at large within the Uganda Protectorate,
or in such part thereof as is in such licence expressed,
during such portion of his term of imprisonment and
upon such conditions as the Governor may deem fit:
The Governor may at any time revoke or alter such
licence.
115. So long as such licence continues in force
and unrevoked, such prisoner shall not be liable to
imprisonment by reason of his sentence, but shall be
allowed to go and remain at large, according to the
terms of such licence.
116. In case of the revocation of any such licence
as aforesaid, the Governor may by order in writing
signify to any Justice of the Peace or Magistrate that
such licence has been revoked, and’ require him to
Cuap. 13.] Prisons.
235
issue a warrant for the apprehension of the prisoner
to whom such licence was granted, and such Justice
or Magistrate shall issue his warrant accordingly.
117. Such warrant may be executed by any
officer to whom it may be directed or delivered for
that purpose in any part of the Protectorate, and shall
have the same force in any place within the Pro-
tectorate as if it had been originally issued, or subse-
quently endorsed, by the Justice of the Peace or
Magistrate or other authority having jurisdiction in
the place where the same is executed.
118. The prisoner, when apprehended under
such warrant, shall be brought, as soon as con-
veniently may be, before the Justice or Magistrate by
whom it has been issued, or before some other Justice
or Magistrate of the same place, or before a Justice
or Magistrate having jurisdiction in the district in
which the prisoner is apprehended. Such Justice or
Magistrate shall thereupon make out his warrant
under his hand and seal for the re-commitment of the
prisoner to the prison from which he was released by
virtue of the said licence.
119. Such prisoner shall be re-committed accord-
ingly, and shall thereupon be liable to be imprisoned
for such further term as, with the time during which
he may have been imprisoned under the original
sentence, and the time during which he may have been
at large under an unrevoked licence, is equal to the
term mentioned in the original sentence.
120. If a licence be granted under Section 114
upon any condition specified therein, and the prisoner
to whom the licence is granted violates any such con-
dition, or goes beyond the limits specified in the
licence, or, knowing of the revocation of such licence,
neglects forthwith to surrender himself, or conceals
himself, or endeavours to avoid being apprehended, he
shall be liable upon conviction to be sentenced to
imprisonment for a term not exceeding the full term
of imprisonment mentioned in the original sentence.
MISCELLANEOUS.
121. A Court of Enquiry, consisting of two
officers of the Government, either Prison, Police, Civil
or Military, shall, except as hereinafter mentioned,
Execution of
warrant.
Apprehended
prisoner to be
brought up for
re-commitment.
Re-commitment.
Penalty for breach
of condition of the
licence.
Court of Enquiry,
Deficiencies, &c., of «
arms and equip-
ment.
Ww
eo
oO
Laws of the Uganda Protectorate. [Cuap, 13,
Court of Enquiry.
Old and worn out
arms and equip-
ment.
Destruction of
infectious clothing.
be held in all cases in which deficiencies, loss
or damage are discovered in connection with arms,
ammunition, equipment, stores, clothing or other
property belonging to the prisons or the prisoners.
The Court shall proceed to ascertain the cause of the
deficiency, loss or damage, and the individuals, if any,
upon whom the responsibility rests, and in such case
shall make a recommendation for the recovery of the
value of the articles found deficient, lost or damaged,
and whether it is necessary to replace them. The
proceedings of the Court shall be forwarded to the
Commissioner, who shall thereupon submit the matter
to the Governor, with a recommendation, for final
orders and directions. Provided that when the
deficiency, loss or damage is of or under the value of
20 rupees, the Superintendent in charge of the prison
may deal with the matter as if he himself constituted
a Court of Enquiry,and should he find any Prison-
officer responsible he may recover the amount from
the person so responsible.
122, A similar Court shall be held in all cases,
except as hereinafter mentioned, in which arms,
ammunition, clothing, equipment or stores are old,
worn out, or otherwise useless, and the Court shall
proceed to ascertain the fact of their uselessness and
make an order for the disposal thereof ; and where
the order affects clothing of, or under the value of,
20 rupees, the order may be put into effect im-
mediately, and the proceedings forwarded to the
Governor, through the Commissioner; but in all other
cases the order and proceedings shall first be
forwarded to the (sovernor, through the Commissioner,
for confirmation of the order, or such other order as
the Governor may deem fit to make.
123. In all cases in which a medical officer shall
certify under his hand that there is danger of infection
from any clothing, equipment or stores belonging to
the prison or prisoners, the officer so certifying shall
make an order for the disinfection, destruction or
other disposal of the said articles, which shall be
carried out immediately, and the certificate and order
forwarded to the Governor, through the Commis-
sioner. In the absence of a medical officer, the
Superintendent in charge of the prison shall be guided
by the rules made under “The Infectious Diseases
Ordinance, 1902.”
Cuar. 13.] Prisons. 237
124, The Pay Lists or other vouchers of the accounts
prison shall be made up by the Superintendent, and
rendered to the officer of the Treasury at such station
or district, and in case there shall be no such officer
of the Treasury to the Civil officer in charge of such
station or district, who shall pay the amount
appearing due on such Pay Lists or other vouchers,
and account for the same to the Treasurer in due
course.
The Governor may at any time appoint a
Paymaster of Prisons, and upon such appointment
being made, moneys payable in respect of pay or
other expenses of the prisons shall be paid, and
accounts thereof shall be kept and rendered, in such
manner as the Governor shall by rules direct.
125. Every officer of and above the rank of a Superintendent,
Superintendent shall for the purposes of this Ordinance
have power to summon witnesses and to administer
oaths.
126. The Uganda Prisons Ordinance, 1903, is
hereby repealed.
ENTEBBE, H. HESKETH BELL,
31st Marcu, 1909. Governor.
Repeal.
NOTICES.
Unper THe Ucanpa Prisons ORDINANCE, 1909.
I hereby declare the prisons in the undermentioned stations to be prisons for the
purposes of The Ugauda Prisons Ordinance, 1909.
Station. Station. Station. Station.
Entebbe Mubendi? Fort Portal Masindi
Kampala Jinja Mbarara Nimule
Masaka Mbale Hoima Koba
Gondokoro
ENTEBBE, H. HESKETH BELL,
3lst Marcu, 1909. Governor.
The Town Magistrate, Entebhe, is hereby appointed a Visiting Justice of the
Prisons at Entebbe and Kampala.
ENTEBBE, STANLEY C. TOMKINS,
May, 1909. Acting Governor.
» Substituted for Kakumiro by Notice, 4th November, 1909, ante, page 132.
Laws of the Uganda Protectorate. [CHap. 14.
CHAPTER XIV.
OvTLYING DistricTs.
No. 4 of 1904. The Uganda Outlying Districts Ordinance, 1904.
No. 16 of 1908. The Uganda Outlying Districts Ordinance, 1908.
Short Title.
Power to close
district.
Entry into closed
district prohibited.
Licences to enter
closed district.
Withdrawal of
licence.
No. 4 of 1904.
OUTLYING DISTRICTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “‘ The Uganda
Outlying Districts Ordinance, 1904.”
2. The Commissioner may, by Proclamation,
declare any district or part of a district to be closed to
all travellers under this Ordinance, and such district
or part of a district shall be termed a “ closed district.”
3. No person shall enter a closed district except:
(a) Natives of the district.
(>) Public officers of the Protectorate, or
persons acting under the orders of the Com-
missioner in the course of their duty.
(c) Persons holding a licence.
4, The Commissioner may grant licences to enter
a closed district, and may, if he think fit, prescribe
conditions, which shall be endorsed upon the licence,
upon which any particular licence shall be granted,
and also may, as the condition precedent to the grant
of a licence, require the proposed licensee to furnish
security, either in cash or by bond, for the obser-
vance of the conditions.
5. The Commissioner may at any time withdraw
a licence.
Cuap. 14.] Outlying Districts.
239
6. Any person entering or being in a closed
district without a licence, or remaining in a closed
district after the withdrawal of his licence, shall be
guilty of an offence, and in addition shall be liable
to repay to the Commissioner any expenses which have
been entailed upon the Protectorate Administration.
7. If a licensee commits a breach of the con-
ditions endorsed upon his licence, or does any act
calculated to disturb the peace of a closed district, or
to cause the natives of that district to be disaffected
towards the Administration, he shall be guilty of an
offence, and shall also be liable to forfeit any security
furnished by him.
8. The Commissioner may recover from a licensee
any expenditure incurred by the Administration in
rendering him assistance or in quelling disturbance,
and shall for that purpose have a lien upon any
security furnished by him.
9. Any person guilty of an offence under this
Ordinance shall be liable to a fine not exceeding
1,000 rupees, or to imprisonment, not exceeding two
months, of either kind, or to both.
10. The Commissioner may make Rules with
regard to the following matters, and generally for the
purpose of carrying this Ordinance into effect :—
(a) The officers, or classes of officers, by
whom and the manner in which the powers con-
ferred by this Ordinance shall be carried out.
(6) The forms of licences.
(c) The security to be furnished by licensees.
11. In this Ordinance. “ licence” means a licence
granted under the provisions of this Ordinance, and
“licensee” means a person holding a licence.
J. HAYES SADLER,
H. M. Commissioner.
ENTEBBE,
22ND FesRuary, 1904.
Penalty for entering
without a licence.
Offences by
licensees.
Recovery of
expenses from
licensee.
Penalty for offence.
Power to make
Rules.
Definitions.
240 Laws of the Uganda Protectorate. [CHap, 14,
No. 16 of 1908.
OUTLYING DISTRICTS.
It. is hereby enacted as follows :—
Short Title, 1. This Ordinance may be cited as “ The Uganda
Outlying Districts Ordinance, 1908,” and shall be read
as one with The Uganda Outlying Districts Ordinance,
1904. :
Rees (nd ohanges, . 2. The power to make Rules shall include a
power to fix reasonable fees and charges.
Penalties. 3. The Governor may fix such penalties for the
breach or non-observance of any Rule as he may
think proper, not exceeding imprisonment, with or
without hard labour, for a term of two months, ora
fine of 1,000 rupees, or both, and when no penalty is
imposed by the Rules the breach or non-observance
of any Rule shall be punished to the extent aforesaid.
Attempts. 4. Whoever attempts to commit an offence under
this Ordinance, or any Rule made thereunder, shall be
liable to be punished as if he had committed such
offence.
ENTEBBE, H. HESKETH BELL,
25TH NovemsBer, 1908. Governor.
PROCLAMATIONS.
Unper THe Ucanpa Ovttyine Districts OrpinaNncE, 1904.
Whereas by The Uganda Outlying Districts Ordinance, 1904, the Commissioner
may declare any district within the Protectorate to be closed to travellers. NOW,
THEREFORE, I, Lieutenant-Colonel James Hayes Sadler, Companion of the Most
Honourable Order of the Bath, His Majesty’s Commissioner for the Uganda Protec-
torate, hereby declare the following to be a closed district for the purpose of the
aforesaid Ordinance.
The Rudolf Province, and the districts of _Karamojo, Bukedi,! and Lobor, in the
Central Province.?
Dated at Entebbe, this 22nd day of February, 1904.
J. HAYES SADLER,
His Majesty’s Commissioner.
! Bukedi was removed from the list of closed districts by Notice, 29th March, 1904, following.
? For trade in Karamojo and Lobor, see Proclamation and Rules, 31- October, 1908, post,
Chapter 32, Trade, page 504. The Centra! Province is now known as the Eastern Province, post,
page 897.
Cuap. 14.] Outlying Districts. 241
Whereas by The Uganda Outlying Districts Ordinance, 1904, the Commissioner
may declare any district within the Protectorate to be closed to travellers, NOW
THEREFORE, I, Henry Hesketh Bell, Companion of the Most Distinguished Order of
St. Michael and St. George, His Majesty’s Commissioner for the Uganda Protectorate,
hereby declare the following to be closed districts for the purposes of the aforesaid
Ordinance :—
(a) The Latuka Country in the Nile Province, and
(6) The country lying ten miles east of the Fajao-Fatiko-Nimule-Gondokoro
road to the eastern boundary of the Nile Province.
H. HESKETH BELL,
His Majesty's Commissioner.
Dated at Entebbe, this 4th day of January, 1907.
RULES.
Unprr Tye Uaanpna Ovutiyine Districts ORDINANCE, 1904.
1. The conditions under which licences will be granted to travellers desirous of
entering the Rudolf Province or any district of the Central’ Province proclaimed as
an Outlying District shall be as follows :—
(1) All persons entering the Rudolf Province, or any district of the Central
Province declared as an Outlying District, will do so through the station of
Mbale.
(2) Each person will deposit with the Collector of Mbale a sum of Rs. 500/,
or furnish security to the satisfaction of the Collector to this amount, as surety
for good behaviour in the district covered by the licence.
(3) In the case of traders and others arriving from British East Africa a
certificate of respectability will also be required, signed by the local official of the
station in British East Africa in which he is known.
(4) No person will be allowed to take into outlying districts rifles more
modern than a Martini.
This rule will not affect persons who have taken out a game licence
under the Regulations, so far as their personal arms are concerned,
(5) On returning from the outlying districts covered by the licence traders
and others must pass through Mbale to have their licences checked, and to
recover the amount of their deposits, which will be liable to forfeiture if the
conditions of the licence are not observed.
2, The licence shall be in the form following, or to that effect, and the above-
. Mentioned conditions shall be endorsed on the back thereof.
No,
LICENCE.
IssugD UNDER THE UGANDA OvutLyine Districts Orpinance, 1904.
PERMISSION is hereby granted t0..........ccccesceece eee renee tenses sees eeeateenes
4s Snee4 Sa awe aeae nce RCA aaA REE ee Of sso senses eweateten wen yes sian ee ad seeereae OO enter
District
his ga Gane AT eaten ie subject to the conditions endorsed on
the back of this licence.
Daited: thisiss cesses onas vasanns oe xv sink Cay Of ciscayen ses evns cou saat von vemenmn oes 19...
DU sae vase vise eatase sald Seroansng vols tag stus were pes gaa oy dee earaataaaee
aibigfacrh ache a alta age lei acd eu okip Ravicwetictae Collector.
ENTEBBE, J. HAYES SADLER,
s0ta June, 1904. H,. M. Commissioner.
3 Now the Eastern Province, see Proclamation 5th April, 1207, post, page 897,
16
249 Laws of the Uganda Protectorate. [Cuap, 14,
1. The conditions under which the licences will be granted to travellers desirous
of entering any closed district of the Nile Province, or any district of the Nile
Province proclaimed as an Outlying District, shall be as follows :—
(1) All persons entering any closed district of the Nile Province, or any
district of the Nile Province declared as an Outlying District, will do so through
the stations of Nimule or Gondokoro. ?
(2) Each person will deposit with the Collector of Nimule, or Gondokoro,
such sum, not exceeding Rs. 500, as the Collector shall specify on the licence, or
furnish security to the satisfaction of the Collector, as surety for good behaviour
in the district covered by the licence.
(3) No person will be allowed to take into any outlying districts rifles
more modern than a Martini.
This rule will not affect persons who have taken out a game licence
under the Regulations so far as their personal arms are concerned.
(4) On returning from the Outlying Districts covered by the licence,
traders and others must pass through Nimule, or Gondokoro, to have their
licences checked, and to recover the amount of their deposits, which will be.
liable to forfeiture if the conditions of the licence are not observed.
2. The licence shall be in the form following, or to that effect, and the above-
mentioned conditions shall be endorsed on the back thereof.
LICENCE.
IssuED UNDER THE Ucanpa Ovttyine Districts ORDINANCE, 1904.
PERMISSION is hereby granted t0............cccseccee cee ece ene seen eee eee sen eeeene ne
Oliatsnscueisns inde nen alia ase gomms jodie tate ee Re 40, GNbOLii vine aos da oes set wey toa eatyaneseanay aeceemass
this licence.
Dated this......... lay AOE 4%, si tna suntan quentuannaneans 19...
Bibicecacadununuie vaniieg nance iaun sS val Wadonledcen aaa Lisa es
sikewae nese a 646 sins 204 4a aateadan ven den -COlectOrs
ENTEBBE, H. HESKETH BELL,
8tH January, 1907. H. MM, Commissioner.
NOTICES.
Unver Tar Ucanpa Ovutiyine Districts Orpinance, 1904.
The district of Bukedi, declared closed to travellers by the Proclamation of the
22nd February, 1904, is hereby removed from the list of closed districts.
ENTEBBE, J. HAYES SADLER,
297TH Marcu, 1904, H. M. Commissioner.
Ti is hereby notified for general information that licences to trade in the
Outlying Districts of the Protectorate will in ordinary cases be made available for
one year only from the date of issue.
ENTEBBE, H. HESKETH BELLI,
127TH Marcn, 1907, H, M, Commissioner.
Cuap. 15.] Frees, Taxes and Stamp Duties. 243
CHAPTER XV.
Fees,’ Taxes anp Stamp Duties.
No. 9 of 1902. The Fees and Royalties Ordinance, 1902.
No. 29 of 1900. The Hut Tax Regulations, 1900.
No. 1 of 1905. The Poll Tax Ordinance, 1905.
No. 5 of 1909. The Poll Tax Ordinance, 1909,
No. 6 of 1909, The Poll Tax Ordinance (No. 2), 1909.
No. 17 of 1909. The Poll Tax Ordinance (No. 3), 1909.
No. 1 of 1903. The Uganda Stamp Ordinance, 1903.
No. 9 of 1902.
FEES AND ROYALTIES.
1. The Commissioner is hereby authorised to fix, and from
time to time at his discretion to alter or annul, the fees to be levied,
or charges to be made, in respect of all or any of the following
matters, viz. :—
Markets.
Slaughter-houses.
Public cattle-sheds.
1 Fees for road passes are governed by the following circular :—
Circular No. ‘45. Port Auicr, 11th October, 1899.
Sir,
‘The high rates now charged in certain districts for passes to native traders having been brought
to my notice, will you be so good as to note in future :—
1.—No charge is to be made for passes issued to.Government native employés,
2.—That the charge for a pass issued to native traders and other travellers is to be 2 annas only,
and that these passes are not to be issued except at the request of the trader or other traveller, though
in disturbed times and districts natives moving about between Goverument stitions should be
encouraged to obtain passes in their own interests.
T am, etc.,
TREVOR TERNAN.
164
244 Laws of the Uganda Protectorate. [Cuap. 15,
Cattle-pounds.
Beach and foreshore rents.
Permanent fish-traps.
Ferries.
Survey fees made by Government Surveyor.
Lime burning on Crown Lands.
Cemetery fees.
Bills of health.
Customs gate passes.
Re-export passes.
Sorting and weighing at Customs.
Crew and passenger lists.
Gun licences for caravans.
Dog licences.
Landing and warehouse charges.
Township rates, not to exceed 10 per cent. of the annual
rateable value of the property.
Township fees and charges.
2. The imposition of any such fee or charge shall be publicly
advertised or notified, and lists of all such authorised fees
or charges shall be conspicuously posted in markets, public
buildings, &c., and shall be given gratuitously to any person who
may ask for them.
3. The Commissioner is hereby authorised to fix and, from
time to time in his discretion, to vary the royalties to be taken m
respect of any minerals dug or worked within the limits of the
Protectorate, provided that public notification of all royalties shall
be given, and a list supplied gratuitously to any person who may
ask for it.
4, This Ordinance may be cited as “The Fees and Royalties
Ordinance, 1902.”
J. HAYES SADLER,
ENTEBBE, H. M. Commissioner and Consul-General
27TH NOVEMBER, 1902.
Cuap. 15.]
Fees, Taxes and Stamp Duties. 245
The following list of fees under The Fees and Royalties Ordinance,
NOTICES.
Unver Tue Fees anp Royatrizus Orpinancy, 1902.
1902, is
hereby substituted for the list dated 27th November, 1902, and published in the oflicial
Gazette of 1st January, 1903.
No. Nature of Fees or Royalty. Amount.
1 | Cattle-pound Fees.—(Animals aie into theGovern- | 1 rupee per day each
ment cattle-pound) s - ig horse or mule.
4 annas per day for each
ox, donkey, sheep or
goat.
2 | Cattle-shed Fees.—(Animals sheltered in the | Oxen, rules, and horses
Government cattle-sheds or placed in the Govern- ] anna each per day.
* ment kraals) Sheep, goats and don-
keys, 2 pice each per
diem.
3 | Fees chargeable in Government slaughter-houses | Oxen, 1 rupee each.
Pigs, 12 annas,
Goats and sheep, 4 annas
each,
4 | Survey Fees 5 rupees for the survey
of any building.
5 | Market Dues.—(Stall rent to be SnranEes are the | 5 per cent, on sales,
Collector) cia
6 | Certificates of clearance 1 rupee each.
Enrepse, J. HAYES SADLER,
6rH Avcust, 1903.
HM, Commissioner.
Laws of the Uyanda Protectorate.
[Cuap. 15,
The following fees and charges shall henceforth be levied in respect of the several
matters to which they relate, as applied to the Protectorate under The Uganda Town-
ships Ordinance, 1903.
No. Nature of Fees. Amount,
TOWNSHIP FEES.
7 | Permit tv dig holes or excavations and remove
earth, stone or clay 2 rupees. Natives ex-
empted.
8 | Fee for storing kerosine oil 1 anna per case per
month, or part of a
month, with a mini-
mumchargeof 8 annas
. on any consignment.
9 | Permit to keep horses or ponies for hire ... 7 rupees.
10 | Permit to keep sheep, goats or pigs 2 rupees.
11 | Permit to keep cattle 5 rupees.
12 | Fee for registering a dog ... 2 rupees. Dogs less than
six months old need
not be registered.
13 | Slaughter-house permit 2 rupees.
14 | Fee for registering a bakery 2 rupees.
15 | Fee for registering a washerman ... 2 rupees.
Fee for registering a washerman’s assistant 1 rupee.
16 | Cemetery Fees Such sum as the Collec-
tor may determine, but
in no event to exceed
10 rapees.
ENTEBBE, J. HAYES SADLER,
ist Ocrozer, 1903, HM. Commissioner.
* Amonded, as here printed, by Notice of 9th May, 1905, post, page 248.
Cuap. 15.]
tees, Taxes und Stamp Duties. 247
. The following fees shall be levied in respect of the several matters to which
they relate as applied to the Uganda Protectorate under The Uganda Townships
Ordinance, 1903 :—
No. Nature of Fee. Amount.
|
TOWNSHIP FEE.
17 Permit to hold an Naoma Ya Prpo. 2 Rupees.
18 Permit to hold any other Ncoma or dance 1 Rupee.
except a Mauvuipi or other religious ;
celebration.
|
ENTEBBE, J. HAYES SADLER,
14rH OcroBer, 1903.
HM. Commissioner.
The following fees shall be charged in respect of the several matters to which
they relate :—
No. Nature of Fee. Amount.
19 For the Survey of native estates recognised
under The Uganda Agreement, 1900:
1. Estates of 1 square mile and upwards. Rs. 20 per square mile or
part of a square mile of
230 acres or more.
2. Estates of less than 1 square mile. For 90 acres or less Rs. 5,
above 90 acres 1 anna
per acre up to a total
fee of Rs. 20.
EXEMPTIONS.
Estates of the Kabaka and his family as
specified in The Uganda Agreement,
1900, and official estates :—
20 For the survey of estates other than of Crown | The same fee as charged for
Lands not particularly charged, survey under The Crown
Lands Ordinance, 1903.
ENTEBBE, GEORGE WILSON,
28tH Marcy, 1905.
Acting Commissioner.
‘Dds Laws of the Uganda Protectorate. [Cuap. 15,
From and after the 15th June, 1905, the following fee shall be charged for the
storage of Kerosine Oil under The Township Ordinance, 1903, in lieu of the fee No. 8
notified on the Ist October, 1903 :—
No. | Nature of Fee. Amount.
TOWNSHIP FEE.
8 For storing kerosine oil. 1 anna per case per month
or part of a month with
a minimum charge of
8 annas on any consign-
| ment,
ENTEBBE, J. HAYES SADLER,
9rH May, 1905. H.M. Commissioner.
No. 29 of 1900.
HUT TAX.
1. In these Regulations the term ‘‘ Government” means the
Government of the Uganda Protectorate ; the term ‘‘ Commissioner ”
means the Chief Representative appointed by Her Majesty’s
Government to direct the affairs of the Uganda Protectorate.
2. In the districts of the Uganda Protectorate to which these
Regulations extend, every person’ being the owner or occupier of
a dwelling-house, or hut, or building of any sort, used as a human
habitation during any part of a year, shall pay to the Government
a tax at the rate of 3 rupees per annum for each such house, hut,
or dwelling.
3. The said hut tax for each year shall be due and payable on
the 1st January in that year,’ and shall be a debt due to the
Government and recoverable by process of law accordingly ; and
without prejudice to that mode of recovery, any house, hut, or
dwelling, in respect of which the tax is due, but is not paid by the
1st day of March next following, shall be forfeited to the Govern-
ment of the Uganda Protectorate.
4, Where the hut tax cannot be paid in sterling coin, its
value may be paid in live stock, produce, or in labour, according to
rates of value which shall be fixed from time to time by the Com-
missioner. But where a Collector has reason to believe that the
house or hut owner or occupier is possessed of sterling coin, he may
insist on the said tax being paid in cash.
3 lor Exemptions, see No. 1 of 1905, Section 4, following.
4 ‘ror the period for which the tax is payable, see No. 1 of 1905, Section 5, following.
Cuap. 15.] Fees, Taxes and Stamp Duttes. 249
d. A receipt for the amount of tax paid by each house or hut
owner or occupier, signed by the Collector, shall be delivered to
the person paying the same.
6. Every Collector accepting live stock, produce, or labour, in
lieu of money in payment of the said tax, shall render to the
Commissioner such accounts of the conversion thereof as the
Commissioner shall from time to time direct.
7. The following buildings will be exempted from the hut tax :—
Temporary shelters erected in the fields for the purpose of watching
plantations ; or rest-houses erected by the roadside for passing
travellers ; buildings used solely as tombs, churches, mosques, or
schools, and not slept in or occupied as a dwelling ; all Government
buildings belonging to the Uganda Administration.
8. The districts of the Protectorate to which these Regulations
extend are :—Mau, Nandi, Baringo, Suk, Elgon, Busoga, Bukedi,
Shuli, Bari, Unyoro, Toru, and Ankole districts, and the whole of
the Kingdom of Uganda.°* :
9. The Commissioner may from time to time by Proclamation
extend the operation of The Hut Tax Regulations to other districts
of the Protectorate
10. These Regulations may be cited as “ ‘The Hut Tax Regula-
tions, 1900.”
H. H. JOHNSTON,
Her Majesty's Commissioner and Consul-General.
UGANDA,
20TH SEPTEMBER, 1900.
Approved :
GEORGE HAMILTON.
No. 1 of 1905.
POLL TAX.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Poll She THe.
Tax Ordinance, 1905.”
2. There shall be payable by each adult male x.
native of the Protectorate in the districts to which
> These Regulations no longer apply to Mau, Nandi, Baringo, and Suk, which now form part of
the East Africa Protectorate, see Order of the Secretary of State, 5th March, 1902; 1902 Gazette,
page 140 (c). Elgon and Shuli are no longer separate districts, see Proclamation 5th April, 1907,
Appendix, page 897, and the Regulations do not apply to Busoga, Bukedi, Bari, the Lango District
of Unyoro, and the Kingdom of Uganda ; see Section 2 of No. 5 of 1909, post, page 250.
Ww
we
=
Laws of the Uganda Protectorate. [Cuap. 15.
Collection, &c.
Exemption of aged
person.
Period.
Application
Short Title.
Application.
No. 29 of 1900,
No. 1 of 1905.
this Ordinance applies, who is not liable to pay hut
tax under “ The Hut Tax Regulations, 1900,” a poll
tax of Rs. 2/- per annum.
3. The said poll tax of Rs. 2/- per annum sball
be payable in the same manner as the hut tax under
“The Hut Tax Regulations, 1900,” and any person
who has not the means to pay the said sum of Rs. 2/- -
in cash shall in lieu thereof work for a period of one
month.
4. The said poll tax and the said hut tax shall
not be payable by any aged person who is unable to
work and has no other means of enabling him to pay
the said taxes.
5. In this Ordinance and in “The Hut Tax
Regulations, 1900,” the period for which the tax is
payable shall be each period from the 1st April to the
31st March following.
6. This Ordinance as far as it relates to the poll
tax shall apply to the Kingdom of Uganda,’ the
Districts of Unyoro and Ankole, and to such other
districts of the Protectorate as the Commissioner may
from time to time notify, and, as far as it relates to
the hut tax, shall apply to the districts to which “ The
Hut Tax Regulations, 1900,” apply.
GEORGE WILSON,
ENTEBBE, Acting Commissioner.
8TH Marcu, 1905.
No. 5 of 1909.
POLL TAX.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Poll Tax
Ordinance, 1909.”
2. This Ordinance shall apply to such districts
of the Protectorate as the Governor may from time
to time notify by Proclamation’; and “The Hut Tax
Regulations, 1900,” and “The Poll Tax Ordinance,
6 The Ordinance does not apply to districts to which ‘‘ The Poll Tax Ordi-
nance, 1909,” is applied, q.v.
Applied to Toro by Notice, 18th April, 1905, post, page 253.
7 For application of Ordinance, see proclamations 27th January, 29th March,
28th May, and 17th November, 1909, post, page 262 ; and as to Buganda, see also
The Uganda Agreement (Poll Tax), 1909, page 990.
Cuap. 15.] Fees, Taxes and Stamp Duties. 251
1905,” shall not apply to any district to which this
Ordinance applies.
3. Save as hereinafter mentioned, there shall be ‘tax.
payable by each adult male native of the Protectorate
in the districts to which this Ordinance applies a poll-
tax of five rupees per annum.*
ExpLANATION.—For the purpose of this section
any male who, in the opinion of the District Com-
missioner, is above the age of 18 years’ shall be
deemed to be an adult male.
4. The said poll-tax shall not be payable by any #xemptions.
person who, by reason of infirmity from age, disease
or other cause, is, in the opinion of the District
Commissioner, unable to work, and has no other
means of enabling him to pay the said tax.
5. In this Ordinance the period for which the Perio.
said poll-tax is payable shall be each period from the
Ist April to the 31st March following.
6. Any person, not exempted from payment, who Collection.
has not the means to pay the said sum of five rupees
in cash shall in lieu thereof work for the Government
for a period of six weeks.
H. HESKETH BELL,
Governor.
ENTEBBE,
27TH JANUARY, 1909.
No. 6 of 1909.
POLL TAX.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Poll Tax Ordinance
(No. 2), 1909,” and shall be read as one with ‘The Poll Tax
Ordinance, 1909.”
2, The Governor may in any proclamation applying the
Ordinance to any district reduce the said poll-tax from the sum
of five rupees per annum to any sum not being less than two rupees
per annum, and thereupon the Ordinance shall be read and
8 The Governor may by proclamation reduce this sum ; see Section 2 of No. 6 of 1909, and
note thereunder, following.
9 Amended as here printed by No. 17 of 1909, following.
Uae, Laws of the Uganda Protectorate. [Cuap. 15,
construed as if the sum mentioned in such proclamation were sub-
stituted throughout the Ordinance for the said sum of five rupees.”
3. Any person who possesses the means of paying the said poll-
tax, and who upon demand shall neglect or refuse to pay the same,
shall be liable to a fine not exceeding three times the amount due
from him, or in lieu thereof to imprisonment, with or without hard
labour, for a period not exceeding twice the period for which he
might have been called upon to labour had he not possessed the
means to pay the said poll-tax.
4. Any person who has not satisfied the said poll-tax before
the expiration of the period within which the said poll-tax is
payable, and who upon being required so to do neglects or refuses
to work for the Government at such times and places, and for the
full prescribed period, as may be directed by the District Commis-
sioner or person authorised by him in this behalf, shall be liable to
imprisonment, with or without hard labour, for a period not exceed-
ing twice the period for which he ought to have worked for the
Government as aforesaid.
ENTEBBE, H. HESKETH BELL,
29TH Marcu, 1909. Governor.
No. 17 of 1909.
POLL TAX.
1. This Ordinance may be cited as “ The Poll Tax Ordinance
(No. 3), 1909,” and shall be read as one with “ The Poll Tax
Ordinance, 1909,” and “The Poll Tax Ordinance (No. 2), 1909.”
2. “The Poll Tax Ordinance, 1909,” Section 3, shall read as if
the age of 18 years were therein inserted instead of the age of
14 years.
ENTEBBE, ALEXANDER BOYLE,
4TH SEPTEMBER, 1909. Acting Governor.
PROCLAMATION.
Unper Tue Pott Tax Orpinance, 1909.
I hereby direct that The Poll Tax Ordinance, 1909, shall apply to the District of
Busoga, in the Eastern Province, from the 1st April, 1909.
ENYEBBE, H. HESKETH BELL,
270n January, 1909. Governor.
10 See proclamations 29th March and 28th May, 1909, following.
Cuap. 15.] Fees, Taxes and Stamp Duties.
to
or
oo
PROCLAMATIONS.
Uyper Tue Pott Tax Orpinance, 1909, ann Taz Pott Tax OrpINANCE
(No. 2), 1909.
I hereby direct that The Poll Tax Ordinance, 1909, and The Poll Tax Ordinance
No. 2), 1909, shall apply to the District of Bukedi in the Eastern Province from the
Ist April, 1909, and that the poll-tax for such district shall be the sum of three
rupees per annum.
ENTEBBE, H. HESKETH BELL,
297TH Marcu, 1909. Governor.
. Thereby direct that The Poll Tax Ordinance, 1909, and The Poll Tax Ordinance
(No. 2), 1909, shall apply to the Districts of Acholi, Latuka, Bari, and Langu in the
Northern Province, and the District of Lango in Unyoro in the Northern Province,
as from the Ist April, 1909, and that the poll-tax for such districts shall be the sum
of three rupees per annum.
ENTEBBE, STANLEY C. TOMKINS,
28TH May, 1909. Acting Governor.
I hereby direct that The Poll Tax Ordinances, 1909, shall apply to Buganda
from the Ist April, 1909, and that the poll-tax for Buganda shall be the sum of
Rs, 5/- (five rupees) per annum.
ENTEBBE, ALEXANDER BOYLE,
lita NovempBer, 1909. Acting Governor.
NOTICE.
Unper THe Pott Tax Orpinance, 1905.
The Poll Tax Ordinance, 1905, in so far as it relates to poll-tax, shall apply
to the District of Toro in the Western Province.
ENTEBBE, GEORGE WILSON,
18tH Aprit, 1905. Acting Commissioner.
No. 1 of 1903.
STAMP DUTIES, !
1. This Ordinance may be cited as “The Uganda Stamp
Ordinance, 1903.”
2. The Indian Stamp Act, 1899, and every Act amending that
Act,” shall apply to the Uganda Protectorate, subject to the
following modification, that is to say :—
(1) In the said Act Uganda Protectorate shall be sub-
stituted for British India.
" For offences relating to Government stamps, see Nections 255 to 263 of The Penal Code.
Scction 85 of No. 1 of 1908 provided that there should be no duty on recognizances and bail bonds in
criminal cases, page 175, /
2 The Indian Stamp Act, 1899, was amended by The Indian Stamp (Amendment) Act, 1906.
As to the application of amending Acts after 1907, see The Applied Indian Acts Ordinance, 1909,
ante, page 130,
254
Laws of the Uganda Protectorate. [Cuap, 15,
(2) Notifications required by the said Act to be made in
any Gazette shall be published in such manner as the
Commissioner, by any general or special order, shall direct.
(3) “Sub-Commissioner”” shall, with respect to each
province of the Protectorate, be substituted for ‘‘ Chief Con-
trolling Revenue Authority” and for ‘‘ Collector.”
(4) Until further order adhesive stamps shall be used in
all cases, and the provisions of the said Act as to impressed
stamps shall not apply.
(5) Any instrument to which the first proviso in Section 35
of the said Act applies may be admitted in evidence on
payment of the duty, with or without penalty, as the Court
thinks fit in the circumstances of the case; and when the
Court imposes a penalty it shall be such as the Court thinks
fit, not exceeding the penalty specified in that section in
respect of the instrument in question.
(6) The powers of the Governor-General in Council and.
of the Local Government under the said Act shall be
exercisable by the Commissioner.
(7) Article 30 of the First Schedule of the said Act shall
not apply.
3. This Ordinance shall come into operation three months
after the date of its publication in the official Gazette.
ENTEBBE, J. HAYES SADLER,
2nd Marcu, 1903. H.M. Commissioner.
RULE.
Unprer THe Ucanpa Stamp Orpinance, 1903.
T hereby direct that the adhesive stamps which may be used under the above
mentioned Ordinance for the payment of all duties with which any instruments are
chargeable shall be those only upon which the words “‘ Uganda Revenue” have been
surcharged.
ENTEBBE, H. HESKETH BELL,
3RD Juty, 1908. Governor.
/
13 See Ordinance No. 14 of 1908, and notices 15th October, 1903, 1st April, 1905, 15th July,
1907,
and 17th July, 1909 (two), Chapter 9, Public Officers, avte,
Cuap. 16.] Customs, Transit, and Road and Wharfage. 250
CHAPTER XVI.
Customs, TRANSIT AND RoapD AND WHARFAGE.
No. 7 of 1904. The Customs Ordinance, 1904.
No. 14 of 1904. The Uganda Customs Consolidation Ordinance, 1904.
No. 1 of 1902. The Uganda Goods in Transit Ordinance, 1902.
No 10 of 1909. The Goods in Transit (No. 2) Ordinance, 1909.
No. 4 of 1902. The Uganda Road and Wharfage Dues Ordinance, 1902.
No. 7 of 1904.
CUSTOMS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Customs Ordinance,
1904,” and shall come into force on the Ist day of April, 1904.
2. Import duty will be levied on all goods imported into the
Protectorate in accordance with the Tariff contained in
Schedule A.
Provided that goods actually consigned to a destination in the
Protectorate and at sea or in transit to or in a port of the Uganda
Protectorate before the publication of this Ordinance will be admit-
ted on payment of duty at the rate in force on the day of the
despatch of the goods.
3. Export duty on goods exported from the Protectorate will
be levied in accordance with the Tariff contained in Schedule B.
4. The value of all goods and merchandise upon which duty is
leviable ad valorem shall be either—
, (a) The wholesale cash price, less trade discount, for which
goods of the like kind and quality are sold, or capable of being sold,
at the time and place of importation or exportation, as the case may
256 Laws of the Uganda Protectorate. [Cuap. 16,
be, without any abatement or deduction whatever (except in the
case of goods imported) of the amount of the duty payable on the
importation thereof; or
(b) Where such price is not ascertainable; the cost at which
goods of the like kind and quality could be delivered at such place,
without an abatement or deduction, except as aforesaid.
5. The Customs Ordinance, 1902, and the Tariff in the
Schedule to The Uganda Customs Regulations, 1900, as amended by
The Uganda Customs Ordinance, 1902 (No. 3 of 1902), is hereby
repealed, and the tariffs in Schedules A and B shall be substituted
therefor, and all future copies of The Uganda Customs Regula-
tions, 1900, may be printed accordingly.
J. HAYES SADLER,
A.M. Commissioner.
ENTEBBE,
26TH Marca, 1904.
SCHEDULE A.
Import DUTIES.
Distilled Liquors (other than drugs or medicines the sums charged
imported for bond fide medical purposes) under Sec. 6 of
eau de Cologne and lavender water ... the Liquor Ordin-
ance, 1903, or any
enactment substi-
tuted therefor
Trees, plants and seeds intended for cultivation no duty.
Live stock for breeding purposes oe ... no duty.
Tombstones and ornaments for graves ... ... no duty.
Surgical and medical instruments imported by a
doctor on arrival for his own use ... ... no duty.
Coal si a on a ... no duty.
Books, maps, and printed matter a ... no duty.
Gold, bullion and gold coin 2 no duty.
Coins admitted to circulation in the Protectorate no duty.
Agricultural implements ... a tae ... no duty.
Materials for the construction and maintenance
of railways, tramways and roads ... ... no duty.
All goods other than those enumerated above, 10 per cent.
ad valorem.
Cuap. 16.| Customs, Transit, and Road and Wharfage. 257
SCHEDULE B.
Export DUTIES.
1. Cloves (without distinction as to origin) 30 per cent. ad valorem.
2. Ivory : ah gs ede . és
3. Gum Copal shes es So on LD is "
4. Indiarubber me ae ok ... 10 - 5
5. Borities ... as ee aes . 10 “ A
6. Hides aie 10 _ oi
7. Rhinoceros horn and hippopotamus
teeth ... aoe ee ee ” _
8. Tortoise shell ... ee ev . 10 as ee
9. Chillies ... 10
” a
10. Ostrich feathers, except ostrich feath-
ers of any domesticated ostrich under
The Ostrich Ordinance, 1909, for a
period of three years from the date of
the publication of that Ordinance’ 10
11. Ebony and other fine woods as oe
from time to time _... ask >
12. Cowries and other sea shells . jax O A “
13. Horses ... ae sip 2 a) £5 22 rR 1 0
a2 22 a2 £7 2) rae 1 8
a ‘3 3 £10, vei, 0
H. HESKETH BELL,
His Majesty’s Commissioner.
Post-Orrice RULES RELATING To IMPERIAL PostaL OrpDERS.’
1. On and after the 1st day of October, 1906, Imperial Postal Orders will be
issued at certain offices in Uganda.
2. The following are the amounts for which Postal Orders will be issued,
together with the poundage payable.
1/- . 2 annas.
1/6 a
2/- 2 2»
2/6 > oS
3/- 2 »>
3/6 2 .
4]- a
5/- 2 2
7/6 ae
10/- |
10/6 .
fe co A
BOs osu > ge
: 3. On and after the lst day of October, 1906, Imperial Postal Orders issued
- ee Possessions and other places abroad will be payable at certain offices in
ganda.
4. The rate of exchange for Imperial Postal Orders paid and purchased in
rupee currency in Uganda shall be Rs. 15/- to the pound sterling.
ENTEBBE, H. HESKETH BELL,
Daren THs 267TH SEPTEMBER, 1906. His Majesty’s Commissioner.
"5 As to the use of Imperial Postal Orders for inland remittances, see note,‘ page 326.
330 Laws of the Uganda Protectorate. [Cuar, 19,
NOTICE.
Unpver Section 28 oF ‘‘ Tue Inpian Post Orrice Act, 1898,’’ as aPPLizp
: To UGanpa.
In addition to the postage chargeable under ‘‘ The Uganda Post Office Ordi-
nance, 1903,’’ a further fee of 2 annas shall be charged for the registration of
postal articles, registered for transmission by post.
ENTEBBE, J. HAYES SADLER,
6TH OcToBER, 1903. His Majesty’s Commissioner.
NOTICES.
Unper Section 10 or ‘‘ Tue Inpran Post Orrice Act, 1898,’ AS APPLIED TO
Ucanpa By “‘ Toe Ucanpa Post OFFicr OnpiInaNncE, 1903.”’
Forrien Post.
Rates for postal 1. The postage rates and other sums to be charged for trans-
epee waneey mission by post of postal articles between Uganda and East
Africa shall be the same as the Uganda inland rates and
charges.
Bape ter eal _ 2, The postage rates and other sums to be charged for trans-
articles to countries mission by post of postal articles between Uganda and other
in the Postal Union = gguntries which form the Universal Postal Union shall be,
except as stated in the following paragraph, or as hereafter
notified, the sums fixed in the Universal Postage Convention of
Washington of the 15th June, 1897.
Petes tee 3. The postage to be charged for transmission by post of
United Kingdom letters between Uganda and the United Kingdom and the under-
aie mentioned British Possessions, Colonies, and Protectorates, 2nd
places where postal business is transacted by a British Agency,
viz. :—
Aden (including Perim), Ascension, Bahamas, Barba-
does, Bermudas, British Central Africa Protectorate,
British Guiana, British Honduras, British North Borneo,
Canada, Cape Colony, Cayman Islands, Ceylon, China
[British Post-Offices at Amoy, Canton, Chifu, Fuchow,
Hankow, Liu-kung-tau (Wei-hai-Wei), Ningpo, Shanghae,
and Swatow], Cyprus, Falkland Islands, Fanning Island,
Fiji, Gambia, Gibraltar, Gold Coast, Hong Kong, India,
Jamaica, Johore, Labuan, Lagos, Leeward Islands (viz.,
Antigua, St. Kitts, Nevis, Dominica, Montserrat, and the
Virgin Islands), Malay States (Protected) (viz., Perak,
Selangore, Negri-Sembilan, and Pahang), Malta, Mauri-
tius, Natal (including Zululand), Newfoundland, New
Zealand (including Cook’s Islands), Nigeria (Northern),
Nigeria (Southern), St. Helena, Sarawak, Seychelles, Sierra
Leone, Somaliland Protectorate, Straits Settlements,
Tobago, Trinidad, Turk’s Islands, Windward Islands (viz.,
Grenada, St. Lucia, St. Vincent, and the Grenadines),
Zanzibar, Transvaal, and Orange River Colony,
shall be one anna for every 4 oz. or fraction thereof.
Cuap. 19.] Post Office.
331
4. The postage rates to be charged for transmission by post
of parcels—
(a) Between Uganda and the United Kingdom shall be—
Rs. a. p.
For a weight not exceeding 3 lbs. ... .. 012 0
For a weight exceeding 3 lbs., but not ex-
ceeding 7 lbs. wa a8 seh no ol “8 U0
For a weight exceeding 7 lbs., but not ex-
ceeding 11 lbs. ae se er . 2 4 0
(0) Between Uganda and Aden, India, and Zanzibar—
For a weight not exceeding 1 lb. ... ao 2
For a weight exceeding 1 lb. for every addi-
tional lb. or fraction of a lb. up to ll lbs. 0 6 O
5. The postage rates to be charged for transmission by post
of parcels between Uganda and places served by the foreign parcel
post, other than those named in the preceding paragraph, shall
be the rates chargeable for transmission to the United Kingdom,
Aden, India, or Zanzibar, as the case may be, and the place of
destination.
6. The postage rates to be charged for the transmission of
postal articles other than parcels between Uganda and countries
not in the Postal Union served by the foreign post shall be the
same as those chargeable for countries in the Postal Union.
ENTEBBE, J. HAYES SADLER,
6TH Octoser, 1903. His Majesty’s Commissioner.
Raves or Foreign Postrace.
Parcel rates to the
United Kingdom.
To Aden, India, and
Zanzibar.
Parcel rates to other
countries.
Rates for postal
articles to non-
union countries.
REVISION OF CHARGES IN ACCORDANCE wWiTH THE PostaL UNIon CoNVENTION
oF Rome.
In exercise of the powers conferred upon me by The Indian Post Office Act,
1898, I hereby declare the rates of postage for letters posted in the Uganda
Protectorate on and from the 1st day of October, 1907, for transmission to
countries abroad to be as follows :—
Letters for the United Kingdom, or for any of the British Pos-
sessions to which Imperial Penny Postage applies : —
Not exceeding 1 ounce ...
For every 1 ounce or odd fraction of 1 ounce additional
Letters for Foreign Countries and for British Possessions to
which Imperial Penny Postage does not apply :—
Not exceeding 1 ounce ...
6 cents.
6 cents.
. 15 cents.
For every 1 ounce or odd fraction of 1 ounce additional 9 cents.
ENTEBBE, GEORGE WILSON,
20TH SEPTEMBER, 1907. Acting Commissioner.
332 Laws of the Uganda Protectorate. [CHap. 19,
NOTICES.
Parcet Post Rates For ZANZIBAR.
In exercise of the powers conferred upon me by The Indian Post Office Act,
1898, as applied to the Uganda Protectorate by The Uganda Post Office Ordinance,
1903, I hereby declare the rates for parcels posted in the Uganda Protectorate on
and after the Ist day of May, 1905, for transmission to Zanzibar shall be as
follows :—
For parcels not exceeding—
3 lbs. 7 lbs. 11 lbs.
12 annas Rs. 1-8-0 Rs. 2-4-0
ENTEBBE, J. HAYES SADLER,
Tue 29TH pay oF APRIL, 1905. His Majesty’s Commissioner.
Parcet Post Rates ror British Centra AFRICA.
In exercise of the powers conferred upon me by The Indian Post Office Act,
1898, as applied to the Uganda Protectorate by The Uganda Post Office Ordinance,
1903, I hereby declare that the rates for parcels posted in the Uganda Protectorate
on and after the 15th day of August, 1905, for transmission to British Central
Africa shall be as follows :—
For parcels not exceeding—
3 Ibs. 7 lbs. 11 Ibs.
Rs. 1-9-0 Rs. 2-13-0 Rs. 4-1-0
ENTEBBE, J. HAYES SADLER,
THE 3p pay oF Aucust, 1905. , His Majesty’ s: Commissioner.
Parcet Postat Rates For INpIA.
In exercise of the powers conferred upon me by The Indian Post Office Act,
1898, as applied to the Uganda Protectorate by The Uganda Post Office Ordinance,
1903, I hereby declare the rates for parcels posted in the Uganda Protectorate on
oo after the Ist day of January, 1906, for transmission to India shall be as
ollows :—
For parcels not exceeding—
3 lbs. 7 lbs. 11 lbs.
Re. 1 Rs. 2 Rs. 3
ENTEBBE, J. HAYES SADLER,
THe 5TH DAY OF DecEMBER, 1905. His Majesty’s Commissioner.
6 Now Nyasaland,
Cuapr. 19.] Post Office. 333
SUPPLEMENTARY ParceL Post with THE Unirep KinGpom By GERMAN STEAMERS.
In exercise of the powers conferred upon me by The Indian Post Office Act,
1898,-as applied to the Uganda Protectorate, I hereby declare the rates of postage
for parcels posted in the Uganda Protectorate on and from the lst day of
August, 1906, to be forwarded to the United Kingdom by the supplementary
parcel post service by the intermediate steamers of the German East Africa Line,
to be as follows :—
For parcels not exceeding—
3 lbs. 7 Ibs. 11 lbs.
Rs. 1/8 Rs. 2/4 Rs. 3/-
ENTEBBE, H. HESKETH BELL,
10TH Juty, 1906. His Majesty’s Commissioner.
Parcet Post witx Sourn Arrica—-REDUCED CHARGES.
In exercise of the powers conferred upon me by The Indian Post Office
Act, 1898, as applied to the Uganda Protectorate, I hereby declare the rates of
postage for parcels posted in the Uganda Protectorate on and from the Ist day of
October, 1907, for transmission to the under-mentioned countries by the direct
service between Mombasa and Durban, to be as follows :—
Parcels for Natal, the Cape Colony, the Orange River Colony
and the Transvaal : Rs. cents.
For the first pound (Avoirdupois) ig dis 0 81
For every succeeding lb. or part of 1 lb. up to a limit
of 11 lbs. ... ae sis i ae “64 0 50
Parcels for the Bechuanaland Protectorate and Rhodesia:
For the first lb. Nic seh 4 mh de 1 56
For every succeeding lb. or part of 1 lb. up to a limit
of 11 lbs. Bs se ie ae en 1 25
ENTEBBE, GEORGE WILSON,
20TH SEPTEMBER, 1907. Acting Commissioner.
Parcet Post wire Eeyrer.
It is hereby notified for general information that on and from the Ist of
August, 1908, the rates of postage for parcels forwarded from Uganda to Egypt,
by the direct service between Mombasa and Port Said, will be as follows: —
For each parcel not exceeding —
3 lbs. 7 lbs. 11 Ibs.
Rs. ets. Rs. cts. Rs. ets.
1 44 2 12 2 75
GEORGE WILSON,
28TH Juty, 1908. Deputy Commissioner.
334 Laws of the Uganda Protectorate. [CHap, 19.
ParceL, Post with German East AFRICA.
It is hereby notified for public information that on and after the Ist of
November, 1908, the rates of postage for parcels exchanged between Uganda and
German East Africa, by the direct service from Kisumu or Mombasa, shall be as
follows :—
6 For parcels not exceeding :
; 3 lbs. 7 Ibs. 11 lbs
For the Coast service, z.e., from any
Post Office of Uganda to places
in German East Africa served Rs. cts. Rs. cts. Rs. cts.
through Mombasa ane ae 1 08 1 62 2 16
For the Lake service, 7.¢., from an
Post Office of Uganda to the
German Post Offices Muanza,
Schirati or Bukoba ... des 1 00 2 00 3 00
ENTEBBE, H. HESKETH BELL,
20TH OcToBER, 1908. Governor.
ParceL Post witH COUNTRIES WITH WHICH THERE IS NO DIRECT EXCHANGE.
It is notified for general information that the rates of postage for packets
forwarded by Parcel Post from Uganda to countries to which there is no direct
exchange of parcels from East Africa and Uganda shall be the charges, as far as
the country serving as an intermediary, plus the onward charges payable to such
intermediary country.
ENTEBBE, H. HESKETH BELL,
16TH DecemsBeEr, 1908. Governor.
Cap. 20. ] Telegraphs.
335
CHAPTER XX,
TELEGRAPHS.
[The Indian Telegraph Act (XIII. of 1885) was first applied to the Protectorate
by Order of the Secretary of State on the 26th January, 1898, and was re-applied with
modifications on the 17th August, 1899!.]
No. 12 of 1908. The Wireless Telegraphs Ordinance, 1908.
No. 12 of 1908.
WIRELESS TELEGRAPHY.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Wire-
less Telegraphs Ordinance, 1908.”
2. No person shall use or establish any appara-
tus or installation for the purpose of operating wire-
less telegraphs without a licence from the Governor.
Any person contravening the terms of this sec-
tion shall be liable on conviction to a fine not exceed-
ing Rs. 1,500 or to imprisonment of either kind for a
term not exceeding twelve months and any apparatus
or installation in respect of which an offence under
this section is committed may be forfeited and sold
or disposed of as the Governor may direct.
3. It shall be lawful for the Governor from time
to time by rules to prescribe the terms and conditions
upon which licences to use or establish apparatus or
installations for the purpose of operating wireless
telegraphs may be granted.
H. HESKETH BELL,
Governor.
ENTEBBE,
14TH SEPTEMBER, 1908.
1 See No. 15 of 1899, ante, page 129, and The Applied Indian Acts Ordinance,
1909, Chapter 7, ante, page 130.
Title.
Prohibition against
establishment of
apparatus or in-
stallations to
operate wireless
telegraphy without
licence.
Power of Governor
to prescribe rules as
to the terms and
conditions upon
which licences may
be granted.
336 Laws of the Uganda Protectorate, |CHaAp. 20,
RULES.
Unper Section 7 oF Tue Inpran TELEGRaPH Acr (AcT No. 13 oF 1885).
Press TELEGRAMS.
1. On and from the lst of April, 1906, the charge for transmission of inland
Press telegrams between any two stations in Uganda, or from any station in
Uganda to any station in East Africa, shall be 1 rupee for the first 32 words and
8 annas for every subsequent 16 words or number of words less than 16. The name
and address of the addressee and of the sender (when signalled) shall be counted
in computing the charge. :
2. A Press telegram to be accepted at Press rates must fulfil the following
conditions :— :
(a) It must be addressed to a newspaper the name of which has been
registered by the Postmaster-General.
(b) It must be addressed to the newspaper in accordance with its regis-
tered title, and to the town at which the newspaper is registered as being
printed and published.
(c) It must contain only intelligence which is clearly intended for pub-
lication in the strict sense of the term.
(d) It must be written in plain English so as to be intelligible to the
telegraph officers, and must contain nothing of concealed meaning either in
code language or cipher.
(e) When demanded, a copy of every newspaper in which a Press telegram
is published must be furnished to the Telegraph Office from which that Press
telegram was delivered.
(f) A single Press telegram must not exceed 160 words. Long news
messages must be broken up into separate telegrams, all of which must be
numbered, and each of which, except the last, must contain the words
More to Fottow. These words and the numbers shall be written by the
sender in the space provided in the telegram form for Official Instructions.
They will not be charged for.
3. Press telegrams not exceeding 64 words in length will be signalled in turn
with ordinary messages. If of greater length (whether in the form of one long
message or several shorter ones) they will be transmitted as ‘‘ deferred telegrams.”
Cuap. 20. |
Telegruphs. 337
REGISTRATION oF ABBREVIATED TELEGRAPH ADDRESSES.
1. On and from the Ist of April, 1906, the charge for registering an abbre-
viated telegraph address shall be at the rate of Rs. 15 per annum, and payment
shall be made up to the 31st of December following the date of registration, any
part of a quarter being paid for as a full quarter.
2. Application for the registration of abbreviated telegraph addresses should
be made to the officer in charge of the Post or Telegraph Office at which it is
proposed to register the address.
3. No address may consist of more than one word in addition to the name
of the town or place where registration is effected. The word must not contain
more than ten letters and must be easy to read and easy to telegraph. Proper
names can only in rare cases be accepted, and in no case can a proper name be
registered for a person of a different name. The names of professions, trades,
districts, countries, states, towns, telegraph stations, well-known streets, and
-registered newspapers may not be used as registered addresses.
4. No address may be registered in one town for the delivery of telegrams in
: another town. :
5. The acceptance of registration of the word tendered as an abbreviated
telegraph address shall be subject to the veto of the Postmaster-General, and no
name will be accepted which, owing to risk of confusion with words already regis-
tered, or other reasons, is considered undesirable.
6. In the event of a change in the title of a firm for which an addréss is
recorded the consent, in writing, of all the partners of the firm must be produced
before the records can be altered.
7. The Post and Telegraph Department shall not be required to deliver any
telegram having an abbreviated address if such address has not been ‘registered.
8. Nothing in these Rules shall be deemed to prevent the Postmaster-General
declining to re-register any word as an abbreviated address if it shall appear to
him that the use of such word involves risk of confusion with other registered
addresses, or proper names.
ENTEBBE, G. WILSON,
28TH Marcy, 1906. Acting Commissioner.
22
338 Laws of the Uyanda Protectorate. [Cuap. 20,
NOTICES.
Revision oF CaBLE Rates.
It is hereby notified that on and from the Ist day of April, 1907, the charge
for cablegrams forwarded from stations of the Uganda Protectorate will be
revised, and in some cases reduced by approximately 5 cents per word: the
following rates will be charged for cablegrams sent to the undermentioned places.
From Up-Country SrTaTIons.
Equivalent to be charged
To Rate per word in in Rupees and Annas until
cental currency. cental coins are in
circulation.
United Kingdom and Continent of
Europe... ae os ate Rs. 2 06 cents Rs, 2-1
India ” 2 18 ” ” 2-3
Cape Colony, Natal, Orange River
Colony and Transvaal ... hs 5 LTD oy » 1-12
Southern Rhodesia ... @ 128B) 3; » 1-134
North America (according to destin-
ation), from » 285 ,, », 2-134
German East Africa, except Bis-
markburg and Ujiji ss aia » 0970 ,, » 0-11
Bismarkburg and Ujiji__... a sg DEB: y, » 2-8
Zanzibar » 0 60 ,, » 0-95
A list, showing the rate to countries not mentioned above, is being posted at
the different Telegraph Offices.
RE-DIRECTION OF CABLEGRAMS.
On and from the same date the charge for re-direction of cablegrams addressed
in the first instance to Mombasa and subsequently re-directed to Uganda will be
reduced to 15 cents per word, for which an equivalent of 24 annas will be charged
until the new cental coins are in circulation.
ENTEBBE, H. HESKETH BELL,
lst Apri, 1907. His Majesty’s Commissioner.
Crap. 20. | Telegraphs. 339
INLAND TELEGRAMS.
REVISION OF CHARGES.
It is hereby notified that on and from the lst day of April, 1907, the system
of transmitting the names and addresses of the receivers, and the names of the
senders of inland telegrams free of charge will be discontinued, and a charge of
10 cents per word will be made for the whole message, including names, addresses
and text.
In accordance with the foregoing the rates for inland telegrams will be as
follows on and from the date given :—
ORDINARY. URGENT.
Rate in cental | Rate in Rupees} Rate in cental Rate in Rupees
currency. and annas. currency. and annas.
Not exceeding 10 words ...,Re.1 Ocents} Re.1 0 |Rs.2 Ocentss Rs. 2 0
fi. we, diel sh » fb 10% ypc A ge St BAY te ae.
. @ Mc o1y ors oe a eee ae « 2 Bh
% 3 13) 3. ana £30", gol Be \y5- 2-60. 3, » 2 OF
3 4 =, ...1,, 140. ,, » 1 64], 280 ,, » 218
i is TD sy. Sealy BO. yy ok. BBE Alas ado OP Nags » 3 O
5 rr 16 4 s.|5, 160 5 » lL 9F],, 3 20 ,, » 3 3
rr me Le Ge. atta ga TO Gs » Lill |,, 3 40 ,, » 3 6)
5 a 18, ...]),, 180 ,, 3 118 |, 3 60° ,, » 3 93
» 3 VO° 5 aael gp de OO ys » 1144 ],, 3 80 ,, » 3 18
” i 20° 5, anlage 2 Or 5; x 2 Oo | 4°00 5 » * 0
and so on, longer messages being charged for at the same rate.
ENTEBBE, H. HESKETH BELL.
Ist Apri, 1907. His Majesty’s Commissioner.
234
340 Laws of the Uganda Protectorate. [Cuap. 21.
CHAPTER XXI.
RAILWAYS.
[The Indian Railways Act, 1890 (Act IX of 1890), and The General Rules for
open lines of Railway sanctioned by the Governor General of India in Council under
Section 47 of that Act, were applied to the Protectorate, with modifications, by Order
of the Secretary of State, on the 17th August, 1899."]
No. 2 of 1906. The Railways (Amendment) Ordinance, 1906.
No. 2 of 1906.
LIMITATION OF LIABILITY OF A RAILWAY ADMINISTRATION IN
RESPECT OF CARRIAGE ON LAKE VICTORIA.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Railways (Amend-
ment) Ordinance, 1906.”
2. (1) When a Railway Administration contracts to carry
passengers, animals or goods, partly or wholly by conveyance on the
waters of Lake Victoria, a condition exempting the Railway
Administration from responsibility for any loss of life, personal
injury or loss of or damage to animals or goods which may happen
during the carriage on the waters of Lake Victoria from the King’s
enemies, fire, accidents from machinery, boilers and steam, and all
and every other dangers, accidents and perils of such Lake and
navigation of whatsoever nature and kind, shall, without being
expressed, be deemed to be part of the contract, and, subject to that
condition, and to any conditions expressed in the contract of car-
riage, the Railway Administration shall, irrespective of the nation-
1 See No. 15 of 1899, ante, page 129, and The Applied Indian Acts Ordinance, 1909, Chapter 7,
ante, page 130. The General Rules were first applied by Order of the Secretary of State (No, 6 of
1898), 10th January, 1898, ae
Cuar. 21.] Railways. 341
ality or ownership of the vessel used for carriage on Lake Victoria,
be responsible for any loss of life, personal injury or loss of or
damage to animals or goods which may happen during the carriage
on Lake Victoria, to the extent to which it would be responsible
under The Merchant Shipping Act, 1894, if the ship were registered
under that Act and the Railway Administration were owner of the
ship, and not to any greater extent.
(2) The burden of proving that any such loss, injury or damage
as is mentioned in sub-section (1) happened during the carriage on
Lake Victoria shall lie on the Railway Administration.
GEORGE WILSON,
Acting Commissioner.
ENTEBBE,
StH Frespruary, 1906.
342
Short title.
Interpretation of
terms.
Rivers may be
added to the
schedule.
Extent of rivers
may be defined,
Laws of the Uganda Protectorate. [CHap, 29,
CHAPTER XXII.
Rivers.?
No. 2 of 1907. The Uganda Rivers Ordinance, 1907.
No. 2 of 1907.
RIVERS.
1. This Ordinance may be cited as “ The Uganda
Rivers Ordinance, 1907,” and shall come into force on
the 1st day of July, 1907.
_ 2. In this Ordinance, unless the context other-
wise requires :—
“ River” means a river specified in the first
schedule to this Ordinance, or added thereto in the
manner hereinafter provided.
“ Vessel ” means and includes any ship, boat, or
canoe, or other description of vessel used in naviga-
tion, however propelled.
“Steam Vessel” includes every description of
vessel so constructed as to be propelled otherwise than
by sails, oars, paddles or poles.
3. It shall be lawful for the Commissioner by
proclamation to add to the rivers specified in the first
schedule the name of any other running water, pro-
vided that no such addition shall be deemed to be part
of the said schedule until the expiration of two
months from the publication thereof in the Gazette.
4. It shall be lawful for the Commissioner by
proclamation to define the extent of any river
to which this Ordinance shall apply. Any part of a
river outside the portion so defined shall not be deemed
to be a river for the purposes of this Ordinance.’
! As to injuring a navigable river, see Section 481 of The Penal Code.
* See proclamation 2nd April, 1909, following.
Cuap. 22.] Rivers.
DREDGING.
5. It shall not be lawful to dredge in any river
without a licence from the Commissioner, which shall
be in form A in the second schedule to this Ordinance.
Any person dredging in a river without a licence, or
contrary to the terms on the face of his licence, shall
be guilty of an offence, and shall be liable to a penalty
not exceeding Rs. 750 for every day during which the
offence continues.
6. Before any licence to dredge is granted, secur-
ity shall be given in such terms and to such amount
as the Commissioner may in each particular case
direct.
7. On every licence to dredge, the regulations set
forth in the third schedule to this Ordinance shall be
endorsed : Provided that the Commissioner may in
his discretion require such further regulations to be
endorsed in any particular case as he may think fit.
8. Any person who shall act in contravention of
any of the regulations endorsed upon the licence
under which he dredges shall be guilty of an offence,
and shall be liable to a penalty not exceeding
Rs. 1,500, and the holder of the licence shall be liable
for any damage which may have arisen in consge-
quence of such contravention. In this and the
following section non-compliance with any lawful
order, direction or notice given under the regulations
endorsed upon a licence shall be deemed a contraven-
tion of such regulations.
9. Where in any prosecution under this Ordi-
nance it is proved that the terms on the face of the
regulations endorsed on a dredging licence have been
contravened, it shall be lawful for the Court, subject
to the approval of the Commissioner, to cancel such
licence, in addition to imposing any penalty pre-
scribed by the Ordinance.
STEAM VESSELS.
_ 10. (1) The master of every steam vessel on a
river shall take out a licence for such vessel.
343
Dredging in river
to be licensed.
Security may be
required,
Regulations on
dredging licence.
Contravening .
dredging regula-
tions.
Contravention of
dredging licence
may entail
cancellation.
Steam vessels on
rivers to be licensed,
344
Laws of the Uganda Protectorate. [Cuap, 22,
Rules.
Fees.
(2) Steamer licences shall be in the Form B in the
second schedule to this Ordinance, and shall be
granted by the Commissioner or such officer as he shall
appoint.* Every such licence shall commence on
the day on which it is granted, and shall terminate
on the 31st day of December following.
(3) The master of any steam vessel who fails to
comply with this section shall be guilty of an offence,
and shall be liable to a penalty not exceeding
Rs. 75. ;
(4) In this section “master” shall include
“owner ” and “agent for the owner.”
11. The Commissioner may from time to time
make, amend and revoke rules—
(a) With respect to steam vessels on any
river,
(6) With respect to the use of any river for
the transport of floating timber,
(c) For regulating the traffic on any river,
and
(d) Generally for the purpose of protecting
and improving the navigability of any river;
and may for the breach of any such rule impose a
penalty not exceeding Rs. 75.
Any such rules, amendments or revocations shall
come into force on their publication in the Gazette,
or on such later date as may be therein declared.
12. For every licence taken out under this Ordi-
nance there shall be payable the fee prescribed there-
for in the fourth schedule hereto.
H. HESKETH BELL,
His Majesty’s Commissioner.
ENTEBBE,
29TH Marcu, 1907.
3 See notice, 28th May, 1908, following.
Onap. 22.] Rivers. 345
SCHEDULE I.
Rivers to which this Ordinance applies :—The
Nile, the Victoria Nile, the Kafu,’ the Turkwell, the
Semliki, the Assua, the Kagera, the Sezibwa, the
Katonja, the Mayanja.
SCHEDULE II.
LICENCES.
A. (DReEpGiING LICENCE.)
THe Ucanpa Rivers Orpinance, 1907.
Licence to Dredge.
Licence is hereby granted to
to dredge in the Q) piver (1) State river.
within the following limits, that is to say : ® () ‘State limite
This licence does not empower the licensee to dredge _ licence applies.
for minerals or precious stones.
This licence is in force for one year from date
hereof, and is granted subject to the regulations en-
dorsed hereon.
Dated at this day of 19
His Majesty's Commissioner.
B. (STEAMER LICENCE.)
THE Ucanpa Rivers Orprnance, 1907.
Steamer Licence.
The ™ (2) owned (1) Name of vessel.
. é (7) Launch, tug or
of is hereby licensed yactt, asthe case
for the river.
This licence expires on the 31st day of December,
19.
His Majesty's Commissioner.
(Or other officer appointed for that purpose.)
‘The Ordinance does not apply to the whole extent of these two rivers
within the Protectorate; see proclamation of the 2nd April, 1909, follow-
ing, pege 348.
346 Laws of the Uganda Protectorate. [CHap, 29.
SCHEDULE III.
REGULATIONS.
To be Endorsed on Dredging Licences.
1. In these Regulations “ Inspector ” shall mean
some officer appointed by the Commissioner to inspect
dredging.
2. The licensee shall give due notice to the In-
spector stating when he wishes to commence dredging,
and at what part of the river.
No dredging or operations connected therewith
shall be commenced until the consent of the Inspector
is given in writing.
The licensee shall give every facility to the In-
spector to examine such plans and documents relating
to the dredging or operations connected therewith,
and to make copies of the same, and to take such
soundings and measurements as he may think fit.
3. The licensee shall not move his dredging
operations from one part of the river to another with-
out the consent of the Inspector in writing; he shall.
as far as possible, conduct operations continuously
along and across the bed of the river from the start-
ing point to the limits to which his licence applies,
so as not to form isolated holes or deep places.
4. The licensee shall arrange his dredgers, barges,
boats, posts, chains, anchors and all other apparatus
appertaining thereto, so that they in no way obstruct
or interfere with the navigation of the river.
5. The dredgers shall be so constructed, and
shall have such additional apparatus, that the tail-
ings therefrom shall not be deposited in such a man-
ner as to form groins or shoals in the bed of the
river, and the Inspector may in any case direct that
such tailings shall be deposited upon the banks in
such manner as he shall think fit.
6. If in the opinion of the Inspector the dredging
or any operations connected therewith shall have
caused any groin, shoal, deposit or other obstruction
Cuap. 22. | Rivers.
to be formed, either at or near the site of such opera-
tions, or in any other part of the river, which causes
or tends to cause erosion or other danger to the stabi-
lity of the bed of the river, or to the navigation there-
of, such groin, shoal, deposit, or other obstruction
shall be removed immediately upon the receipt of a
written notice from the Inspector.
7. If in the opinion of the Inspector the dredg-
ing or any operations connected therewith shall have
caused or tend to cause erosion or other damage or’
danger to the bed or banks of the river, or to the navi-
gation, the licensee shall construct and fix such tem-
porary timber groins, sheet piling, fascines or other
works to the satisfaction of the Inspector as may be
necessary to remedy or prevent such damage, and, if
necessary, dredging operations shall be suspended
until such works are completed and prove satisfac-
tory. Such works shall be carried out, moved or
removed immediately upon the receipt of a written
notice from the Inspector.
8. If the river in which the dredging operations
are being carried on be a tributary of another river,
and, in the opinion of the Inspector the carrying on of
such operations has caused silt, mud, or other
material to be washed down the tributary stream into
the main river, and has there caused shoals or other
obstructions to navigation to be formed, or damage to
the bed or banks of the river, the licensee shall be held
responsible, and regulations 6 and 7 shall apply to
such main river as if it was the river in which the
licensee was carrying on dredging operations.
9. The licensee shall be liable for, and shall in-
demnify the Government and every officer thereof
against, all accidents, injuries, damages, trespass and
losses caused or arising, either directly or indirectly,
by reason of, or in connection with, the dredging
operations or works pertaining thereto.
10. In case, and so often as, any question, differ-
ence or dispute shall arise as to the true intent and
meaning of these regulations, or any part thereof,
every such question, difference or dispute shall be
referred to the sole arbitration and award of the
Commissioner.
co
“I
348 Laws of the Uganda Protectorate. [CHap, 99,
SCHEDULE IV.
For Dredging Licence A........ pach eriacensee Rs. 15
For Steamer Licence B...................00..000. Rs. 15
PROCLAMATION.
UnpEerR Tut Ucanpa Rivers ORDINANCE, 1907.
I hereby declare that the extent of the River Nile and Victoria Nile to which
this Ordinance shall apply shall be from the Victoria Nyanza to the Albert
Nyanza.
ENTEBBE, H. HESKETH BELL,
2np APRIL, 1909. Governor.
NOTICE.
Tae Ucanpa Rivers Orpinance, 1907.
I hereby authorise the Collector, Gondokoro, to issue Steamer Licences under
Section 10 of the above-mentioned Ordinance.
ENTEBBE, H. HESKETH BELL,
28TH May, 1908. - Governor.
Cuap. 23.] Ferries. 349
CHAPTER XXIII.
FERRIES.!
No. 11 of 1905. The Public Ferries Ordinance, 1905.
No. 11 of 1905.
PUBLIC FERRIES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Public Ferries Ordi-
nance, 1905.”
2. No boat shall ply for hire upon any ferry declared by the
Commissioner to be a Public Ferry, otherwise than under a licence
from the Commissioner or other authority prescribed by the Com-
missioner. ”
3. The licence in respect of each ferry boat shall prescribe the
conditions upon and subject to which such licences shall be held.
4. The owner and every person in charge of a boat, other than
a licensed ferry boat, plying for hire upon a public ferry shall be
liable on conviction to a fine not exceeding Rs. 50 for each journey.
5. A special flag may be prescribed by the Commissioner to be
carried by licensed ferry boats. Upon such flag being prescribed,
the owner and every person in charge of a boat, other than a licensed
ferry boat, flying this flag shall, on conviction, be liable to a fine
of Rs. 50 for each day upon which such flag is flown.
6. The licensee of any licensed ferry boat shall be liable to the
forfeiture of his licence by the licensing authority upon a contra-
vention of any of the conditions upon which the licence is held. .
) Ferries are included in the term “immovable property” for the purpose of The Registration of
Documents Ordinance, 1904. See page 509,
* See notices following.
350 Laws of the Uganda Protectorate. [Caap. 23,
7. The Commissioner may prescribe generally or specially the
fee to be charged for each licence or may direct that the right to run
ferry boats be put up to public auction or otherwise dealt with.
J. HAYES SADLER,
His Majesty's Commissioner,
ENTEBBE,
26TH NovEMBER, 1905.
NOTICES.
UNDER THE PuBLic FERRIES ORDINANCE, 1905.
I hereby declare the Bulolo-Kitantalo Ferry across the River Mpologoma to
be a Public Ferry, and I direct that the Collector, Bukedi District, shall be the
licensing authority for the said ferry under the above-mentioned Ordinance, and
shall have authority to grant licences upon and subject to such conditions as he
shall think fit.
I direct that the fee payable by a licensee for a licence in respect of each ferry
boat shall be the fee mentioned in the Schedule hereto.
ENTEBBE, H. HESKETH BELL,
2np Marcg, 1907. H.M. Commissioner.
SCHEDULE.
Fee payable for a licence to run a ferry boat ... Rs. 15/-.
I hereby declare the Jinja-Uganda Ferry to be a Public Ferry, and I direct
that the Provincial Commissioner, Eastern Province, shall (save in such cases as
shall be dealt with specially by the Governor) be the licensing authority to grant
licences upon and subject to such conditions as he shall think fit.
I direct that the fees to be charged for each licence shall ordinarily be those
mentioned in the Schedule hereto.
The notice under the above-mentioned Ordinance, dated the 15th October,
1906, is hereby cancelled.
ENTEBBE, STANLEY C. TOMKINS,
38RD Junz, 1909, Acting Governor.
Cuap. 23.] Ferries. 351
SCHEDULE.
Annual fee payable for a licence to run a ferry boat from the 1st day of
January to the 31st day of December in any one year or part thereof.
(a) Each canoe ... aan .. Rs. 15/-.
(0) Each steamboat... he 9 TD] -3"
I hereby declare the ferries at Bugonja, Kakoge and Kiwana respectively to be
Public Ferries, and I direct that the Provincial Commissioner, Eastern Province,
shall be the licensing authority for the said ferries, and shall have authority to
grant licences upon and subject to such conditions as he shall think fit.’
I direct that the fee payable by a licensee for a licence in respect of each
ferry boat shall be the fee mentioned in the schedule hereto.
ENTEBBE, STANLEY C. TOMKINS,
21sr Jury, 1909. Acting Governor.
SCHEDULE.
Annual fee payable for a licence to run a ferry boat from the
1st day of January to the 31st ee of December in ee one
year or part thereof tn a0 : .. Rs. 15/-.
FEES PAYABLE BY PERSONS USING LICENSED FEerry Boats.
Applicable to the, Bulolo-Kitantalo, the Bugonja, the Kakoge and the Kiwana
Ferries :—
All Government passengers, mee cattle, etc.... .. Free.
For every load... 13 cents.
For every person (other than an infant in arms) for a
single journey ace aes ais ae .. . 2cents.
Infants in arms ... son ais in itt ... Free.
For every sheep or goat ... sti si 228 .. 2 cents.
For every cow, mule or donkey ... 8 ae ... 25 cents.
Applicable to the Jinja-U ganda Ferry :—
The same as above, save that on Monday, Wednesday
and Friday every person (other than an infant in
arms) who shall use the ferry for the purpose of
marketing only shall pay an inclusive fee, for the
return journey across and back, of i .. Ld cents.
ENTEBBE, STANLEY C. TOMKINS,
21st Jury, 1909. : Acting Governor.
§ See notice 9th October, 1909, following.
352 Laws of the Uganda Protectorate. [Cuap, 93,
In exercise of the authority conferred upon me by the notice dated
21st July, 1909, licences for ferry boats to ply for hire at Bugonja, Kakoge
and Kiwana ferries respectively, will be granted, subject to the ferry boats and
landing places being maintained in a satisfactory condition.
Licences will be issued at the Provincial Commissioner’s Office, Jinja, as from
1st January, 1910.
JINJA, F. SPIRE,
9rn OcrosEeR, 1909. Acting Provincial Commissioner, Eastern Province.
The following fees, in addition to those mentioned in the notice dated 21st July,
1909, shall be payable by persons using the licensed ferry boats at the Jinja-
Buganda Ferry :—
For bicycles... ish 3 cents.
For rickshaws ... ... 25 cents.
ENTEBBE, ALEXANDER BOYLE,
lira Novemser, 1909. Acting Governor.
c5
cn
eo
Cuap. 24.] Shipping.
CHAPTER NNIV.
SHIPPING.!
[Part XIII. of The Merchant Shipping Act, 1894, was applied to the
Protectorate by Article 13 of The Uganda Order in Council, 1902,? and by Section 91
of that Act, Part I, of the Act applies, but no Order in Council has been made under
Section 88 declaring a port of registry in Uganda. | +
No. 11 of 1904. The Uganda Registration of Vessels Ordinance, 1904.
No. 11 of 1904.
REGISTRATION OF VESSELS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Uganda Short title.
Registration of Vessels Ordinance, 1904.” .
2. In this Ordinance— Seneca
“ Vessel ” means any description of vessel used
Im navigation ;
“ Prescribed ” means prescribed by any rule or
order under this Ordinance;
_ | Master” includes every person (except a
pilot) having command or charge of any vessel.
3. Every vessel employed in navigation in any bisation to
waters of the Protectorate which belongs to, or 1s used
1 As to deserters from foreign vessels, see Extradition and Fugitive
Offenders, Chapter 8, ante. As to licences for vessels on certain rivers, see
Chapter 22, ante. As to quarantine, see Prevention of Disease, Chapter 38,
post. As to the rash navigation, etc., of vessels, see Sections 280-283, 431,
433, 437 and 439 of The Penal Code. As to the registration of canoes, see Rules
14th December, 1908, under The Sleeping Sickness Ordinance, Chapter 38, post.
As to searches, by officers of the Uganda Marine, for arms, see Part III. of
No. 5 of 1906, Chapter 10, ante; for explosives, see No. 8 of 1898, Chapter 44,
post. As to vessels in Entebbe Port, see Ports, Chapter 18, ante. As to
vessels in relation to Customs, see No. 14 of 1904, Chapter 16, ante. As to
the liability in respect of carriage by railway steamers on Lake Victoria, se2
page 340. See also Navy and Marine, Chapter 52, post.
? Appendix, page 890.
3 Jurisdiction under Part XIII. of The Merchant Shipping Act, 1894,
vests in the High Court by Article 13 of the U.O.C., 1902, Appendix, page 890.
23
354
Laws of the Uganda Protectorate. [CHap, 24,
Application for
registry.
Classes of vessels,
Registration.
Certificate of
registry.
Annnal examina-
tion of certificate.
Change of owners
ship or master.
by, any person residing in the Protectorate, or any
company or partnership carrying on business therein,
shall, unless exempted,‘ be registered, lettered, and
numbered in manner hereinafter provided.
4. Every application for registration of a vessel
shall be in writing, and in the Form A in the
schedule hereto, or to that effect, and shall be sent or
delivered to the Superintendent of Marine at
Entebbe, or other prescribed officer.
5. For purposes of registration, numbering, and
lettering, vessels shall be divided into three classes :—
Ist Class: Vessels of 15 tons burthen and
upwards ;
2nd Class: Vessels of less than 15 tons burthen,
navigated otherwise than by oars, paddles, or poles
only ;
3rd Class : Boats navigable by oars, paddles, or
poles only :
Provided that the officer to whom the application
to register is made may, if he think proper, place any
small vessel occasionally navigated or propelled by
sail in the 8rd instead of the 2nd class.
6. On the receipt of the application, and of the
prescribed fee, the Superintendent of Marine or other
officer shall, after inspecting the vessel, register her
in the Register of Shipping, which shall be in the
Form B in the schedule hereto, or to that effect, and
shall contain the particulars therein appearing.
7. On registration of the vesse] such officer shall
issue to the applicant a certificate of registry in the
Form C in the schedule hereto.
8. Once in every year the owner of every vessel
shall submit his certificate of registry for examina-
tion by the Superintendent of Marine or other pre-
scribed officer, who shall sign his name on the back of
the said certificate, together with the date of
examination, as a record of its authenticity and cor-
rectness.
9. On change of ownership a fresh certificate of
registry must be applied for, and the former certifi-
cate be given up, in order that the same, together
4 For exemptions, see Rules, following.
Cuap. 24.] Shipping.
355
with the former registry, may be cancelled; and on
a change of master due notice shall be given of such
change, which shall be duly noted in the Register, and
be indorsed on the certificate of registry. A failure
on the part of the owner of any vessel to comply with
the requirements of this section shall subject the
owner to the same penalties as would have been in-
curred if the certificate of registry had never been
applied for.
10. The master of every vessel registered under
this Ordinance shall have the certificate of registry
on board his vessel at all times; and any master not
having such certificate on board, or failing to pro-
duce the same when required, as provided by Section
20 of this Ordinance, shall, in the absence of any
reasonable excuse (proof whereof shall lie on him), be
liable, together with his vessel and crew, to be taken
by the Superintendent of Marine or commander of
any ship belonging to the Government of the Protec-
torate, without warrant, summons, or other process,
into the nearest or most convenient port or place, and
there to be ordered by the Court on any proceeding in
a summary manner to pay a penalty not exceeding
300 rupees.
11. After registration no change shall be made
in the name of any vessel.
12. Every vessel shall be lettered and numbered.
13. The letter or letters and number shall be
placed on each bow of the vessel, 3 or 4 inches below
the gunwale.
The breadth of the paint of the letters and num-
ber shall be: for vessels of the Ist Class, 24 inches;
for vessels of the 2nd and 3rd Classes, 1 inches.
The height of the letters and numbers shall be :
for vessels of the Ist Class, 18 inches; for vessels of
the 2nd and 3rd Classes, 10 inches.
The same letter or letters and number shall also
be placed on each side of the mainsail of the vessel.
14. When vessels carry, or have attached to
them, small boats, as tenders or otherwise, such boats
must be marked with the same numbers and letters as
the vessels to which they belong.
23a
Certificate to be
kept on board,
No.change‘in name
after registration.
Lettering and
numbering.
Position and
dimensions of
letters and
numbers.
Ships’ boats to
be lettered and
numbered.
356
Name on stern.
Letters, &c., not to
e effaced.
Penalty for non-
registration, &c.
Names, &c., tobe
inserted in
documents,
Certificates,
Papers to he
predueed.
Certain officers to
see to the execution
of the requirements
of this Ordinance.
Laws of the Uganda Protectorate. [Cuap, 24.
15. All vessels, of whatever class, shall have
their names, and those of the ports or places to which
they belong, painted on the outside of the sterns, in
letters which shall be at least 3 inches in height.
16. The letters, numbers, and names placed on
vessels, and on the sails of vessels, shall be clearly
painted in white paint on a dark ground, or in black
paint on a light ground, and shall not be effaced, cov-
ered, or concealed in any manner whatsoever.
17. If any vessel required to be registered, let-
tered, and numbered,in pursuance of this Ordinance,
is not so registered, lettered, and numbered, in the
manner prescribed, the owner and the master shall
each be liable to a penalty not exceeding 300 rupees.
The Superintendent of Marine or commander of any
ship belonging to the Government of the Protectorate
or Customs officer may seize and detain such vessel,
and prevent her from proceeding on her voyage, and
from being employed as aforesaid, until it is duly
registered, lettered, and numbered; and may, for
that purpose, take it back into the nearest or most
convenient port or place within the Protectorate.
18. The names, letters, and numbers of vessels
shall be inserted on the certificate of registry or other
official papers of those vessels.
19. The certificate of registry or other official
papers of vessels shall contain the description and
tonnage of each vessel, as well as the names of its
owner and of its master.
20. The master shall, whenever required, exhibit
his certificate of registry to the Superintendent of
Marine and to the commander of any ship belonging
to the Protectorate.
21. The execution of the requirements of this
Ordinance concerning certificates of registry, the
lettering and numbering of vessels, is placed under
the supervision of the Superintendent of Marine and
of the commanders of vessels helonging to the Govern-
ment of the Protectorate, and all other officers desig-
nated by the Commissioner for that purpose..
Cuap. 24.] Shipping.
22. In all proceedings against the owner or mas-
ter of, or any person belonging to, any registered
vessel for offences against this Ordinance, and in all
actions or proceedings for the recovery of damages
for injury done by any such vessel, such registry shall
be conclusive evidence that the persons registered at
any date as owners of such vessel were at that date
owners thereof, provided that—
(1) This provision shall not prevent any pro-
ceedings or action being taken or instituted against
any person not registered who is beneficially inter-
ested in the vessel ;
(2) This provision shall not affect the rights of
the owners among themselves, or the rights of any
registered owner against any person not registered
who is beneficially interested in the vessel;
(3) Save as aforesaid, the registry of any vessel
shall not confer, take away, or affect any title to or
interest in the vessel.
23. All penalties, offences, and proceedings
under this Ordinance may be recovered, prosecuted,
and taken in a summary manner in any of the Pro-
tectorate Courts. :
24. The Commissioner may, by rule or order *—
(4) Exempt any vessel or class of vessels from
the operation of this Ordinance or any part of it;
(>) Prescribe any matter which by this Ordi-
nance is intended to be prescribed;
(c) Generally give any directions necessary or
expedient for carrying this Ordinance into effect; and
(d) Prescribe the fees to be taken under this
Ordinance.
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
30TH JULY, 1904.
° See Rules following.
357
As to effect of
registry.
Mode of recovering
penalties.
Rules and orders.
358 Laws of the Uganda Protectorate. [Cuap. 24,
SCHEDULE.
Form A.
Application to register a Vessel under “ The Uganda Registration
of Vessels Ordinance, 1904.”
Port of Letter
The
Port or place to which belonging
Owner
Master
Description of vessel, how rigged, what sails used, &e.
Ordinary mode of employment
Tonnage
Length of keel
No. of boats
No. of men usually employed.
No. of boys
Signature of applicant
Residence
Form B.
Registry of Vessels.
(Unper “THe Ucanpa REGISTRATION OF VESSELS ORDINANCE,
1904.”)
Port of
33 2 | No. of crew
2. se 3 Registered paar
; op ¥ & N ®@ ' usually
by ’ S| . ns 0. Qo. loved
Bio) $8 8) 8 | fog. SB. oo} et
2 2\Gel\a|/h Hos’ oF S|
“bo | O al! & fe Co; 4S a ik
a > S|O |e | 8 Bs 8 a ae 2/3 Remanks.
ou let | win 2 bs Be a a Pa 3 a a
a | oO | Oo oO} o |} & got 2) 2 | a2) &| s
ot gs S/o]! FES 22/8 |SOlS5j;s8|443 é
2|/s/+6ls]|si} 39's! 48] ° ye igs dig
= o
SIS) E/ 2] e285) S)ale [sisi slais
A\;4}/a |4}/410 iO |2/a |S laelalaja'a
Cuar. 24. | Shipping. 359
Form C.
Certificate of Registry.
(UNDER “THE UGANDA REGISTRATION OF VESSELS ORDINANCE,
1904.”)
Name
of
Owner
Master
Registered No.
Signature of Registering Officer
Date
RULES.
Unver Section 24 or ‘‘ Toe Ucanpa ReEGistraTION oF VESSELS
OrpiINANcE, 1904.”’
1. The following vessels are exempt from the provisions of ‘‘ The Uganda
Registration of Vessels Ordinance, 1904’? :—
(a) Native canoes.
(6) Yachts, vessels, or boats used solely for pleasure or private purposes.
(c) His Majesty’s ships, or vessels belonging to the Government of the
East Africa and Uganda Protectorates.
2. The following fees shall be payable in respect of the matters and things to
which they are applicable :—
(1) Upon registration of a vessel—
(a) Ist Class—Vessels of 15 tons burthen and
upwards... dice ais sad ... 60 rupees.
(6) 2nd Class—Vessels of less than 15 tons,
navigated otherwise than by oars,
paddles, or poles only 45,
(c) 8rd Class—Boats navigated by oars,
paddles, or poles only... shes wie 00 Igy
(2) Upon any endorsement (other than on a change
of master) i ae st ... half the above fees.
(3) Upon any endorsement upon a change of master 5 rupees.
3. (1) The Protectorate ports for registration purposes shall be—
(a) Entebbe.
(b) Jinja.
360 Laws of the Uganda Protectorate [CHap, 24,
(2) Vessels registered at Entebbe shall have the letter ‘‘ E’’ prefixed to
their number.
(3) Vessels seeeered at Jinja shall have the letter ‘“‘J’’ prefixed to
their number.
ENTEBBE, J. HAYES SADLER,
30TH Juzy, 1904.
His Majesty’s Commissioner
In addition to the vessels exempted from the provisions of The Uganda
Registration of Vessels Ordinance, 1904, Py the Rules of the 30th July, 1904, the
following are also exempt :—
Vessels registered in British East Africa at Port Florence and in German East
Africa at Mwanza, provided that the owner of such registered vessel does not
reside in Uganda.
ENTEBBE; J. HAYES SADLER,
21st June, 1905.
His Majesty’s Commissioner |
Cuap. 25. ] Land. 361
CHAPTER XXV.
LAND.!
[The Indian Land Acquisition Act, 1894 (Act I. of 1894), was applied to the
Protectorate with Modifications on the 17th August, 1899."]
No. 4 of 1897. The Uganda Land Regulations, 1897.
No. 8 of 1902. The Uganda Land Regulations, 1902.
No. 2 of 1903. The Crown Lands Ordinance, 1903.
No. 3 of 1906. The Uganda Land Transfer Ordinance, 1906.
No. 11 of 1908. The Registration of Land Titles Ordinance, 1908.
No. 17 of 1908. The Crown Grants (Execution) Ordinance, 1908.
No. 4 of 1897.’
LAND REGULATIONS.
_ Whereas, under “The Africa Order in Council, 1889,” Her
Majesty’s Commissioner and Consul-General for the Uganda
Protectorate has power to make Regulations for peace, order,
and good government : It is hereby notified that the Commissioner
and Consul-General has, in pursuance of the powers aforesaid, made
the following
Regulations.
1. The Commissioner may, if he thinks fit, grant to any person
1 As to the Acquisition of Land by Public Servants, see No. 27 of 1900, Chapter 9, ante.
As to the holding of land by Corporations, see Chapters 30 and 31, post.
As to setting fire to forests, grass or undergrowth on Crown Lands, see Rule 7 of ‘Che Timber
and General Forestry Rules, page 450.
As to Forests and Forest Produce on Crown Lands, see Forests, Chapter 27, post.
As to hunting Game on private lands, see Section 24 of No. 9 of 1906, Chapter 29, post.
As to Mining, see Mining, Chapter 26, post. ;
As to Native private estates, see the Native Agrcements, and The Buganda Land Laws, 1908 and
1909, Appendix B. For Survey Fees, see notice 28th March, 1905, under The Fees and Royalties
Ordinance, Chapter 15, ante.
sit As to the Registration of Documents affecting Land, see Chapter 34, post, and No. 11 of 1908
ollowing.
As to Succession to Land, see Succession, Chapter 51, post.
As to the Survey of Buildings, see Notice 6th August, 1903, under The Fees and Royalties
Ordinance, 1909, Chapter 15, ante.
As to power to fix Fees and Charges for Surveys, see No. 9 of 1902, ante, Chapter 15.
As to Land in Townships, see Townships, Chapter 17, ante.
* See No. 15 of 1899, and The Applied Indian Acts Ordinance, 1909, Chapter 7, ante, and in
Buganda ; see also Article 15 of The Uganda Agreement, 1900, and Section 6 of The Land Law, 1905,
Appendix B, pages 962 and 976.
5 These Regulations were repealed by The Crown Lands Ordinance, 1903, following, us to Crown
Lunds, except thé provisions relating to registration of title.
362 Laws of the Uganda Protectorate. [Cuap. 25,
a certificate authorising him to hold and occupy the portion of land
described in the certificate for a term not exceeding twenty-one
years.
2. Every such certificate shall be in the form in the Schedule
to these Regulations, and the land shall be held and _ occupied
subject to the conditions annexed thereto.
3. Every certificate shall be accompanied by a plan of the land,
prepared or approved and signed by a Government surveyor.
4. The certificate shall be made in duplicate, and signed by or
on behalf of the Commissioner, and also by the grantee. One copy
shall be handed to the grantee, and the other shall be retained by
the Commissioner.
5. Where at the commencement of these Regulations any land
is lawfully held or occupied by any person, whether a native or not
a native, under a documentary title, a certificate will not be granted
in respect of that land to any other person, but may, on his applica-
tion, be granted to that person.
6. Land shall not be deemed to be lawfully held or occupied
under a documentary title unless the grant, concession, or other
document constituting the title has been duly registered 7n the
office of the Commissioner ; * and registration may be refused if the
document is one which the Commissioner, by Proclamation or
otherwise, shall have notified that Her Majesty's Government will
not recognise.
7. A certificate will not be granted in respect of any land which
at the commencement of these Regulations is cultivated or regularly
used by any native or native tribe; but may be granted if the
Commissioner, after such inquiry as he may think fit, is satisfied
that such land is no longer so cultivated or regularly used, and that
the grant of a certificate would not be prejudicial to native interests.
8. There shall be payable to the Commissioner in respect of every
certificate u fee of £2., together with such sum us the Commissioner
may certify to be the costs of the preparation or upproval of the plan.
The travelling expenses (if any) of the Government surveyor may be
included in such costs, not exceeding the rate of 2s. per mile travelled
by him.?
9. If at the end of the term for which the certificate is granted
the Commissioner is satisfied that the grantee has faithfully performed
+The words “in the ofice of the Commissioner” were repealed by No. 3 of 1904, following.
Documents registered under this svction nevd. not be re-registered; sec No. + of 1905, Chapter 34, post.
5 Section 8 was repealed by The Uganda Land Regulations, 1902, following.
Cuap. 25.] Land. 363
the conditions annexed to the certificate, he may grant a fresh
certificate for a further term not exceeding twenty-one years, and
may vary the conditions as he may think fit.
T. TERNAN,
10TH JuLY 1897. Acting Commissioner and Consul-General
Allowed : Jor the Uganda Protectorate.
SALISBURY.
SCHEDULE.
Form or LAND CERTIFICATE.
No. , District of
A. B. [herein called the iaimstene is authorised to hold aad
occupy for years, from the day of
189 , the piece of land delineated in the plan attached hereto,
situate in , and containng acres, or
thereabouts, being [¢nsert a sufficient description tv identify the land’.
The land is held upon the following conditions :—
1. That the occupier will pay to [state what oficer| the sum of
on the . day of in every year, and
that if the money is not paid within sixty days after that date the
Commissioner may declare the land forfeited, and may remove the
occupier from the land without compensation.
2. That the occupier will cultivate the land, and within the first
five years of his holding will plant at least one-fourth of the land
with [caffee, cocoa, cotton, indigo, rubber, or other plants approved by
the Commissioner], and will maintain the land [and the above-mentioned
plants| in a proper state of cultivation to the satisfaction of the
Commissioner, and will not, without the written permission of the
Commissioner, use the land except for residence and for the purpose
of cultivation, and other operations connected with cultivation.
3. That the Commissioner and any officer or person authorised
by him may at any time enter upon the land for the purposes of
examining the state of the cultivation, or for any other lawful
purpose.
4. That the occupier has no right to any minerals, precious
stones, or building or other stones in, upon, or under the land, and
364 Laws of the Uganda Protectorate. [CHap. 25.
that the Commissioner may authorise any person to search for,
work, and take away any such minerals, precious stones, and
building or other stones, on payment to the occupier by such person
of compensation for any injury done to him by such search or
working.
5. That in case of dispute as to the amount of such compensation,
the Commissioner may appoint some person to decide what amount
ought to be paid, and the decision of such person shall be final.
6. That the occupier will not ‘transfer, sub-let, or give up
possession of the land, or any part of it, or of any building upon it,
without the consent of the Commissioner.
7. That if at any time the occupier ceases to cultivate the land,
the Commissioner may deal with it as he pleases.
8. That if at any time the occupier fails to perform any of the
above conditions, the Commissioner may declare the land forfeited,
and may remove the occupier from the land without compensation.
9, That the term “Commissioner” in this certificate includes
every person for the time being administering the Government of
the Uganda Protectorate, and the name of the occupier includes his
heirs or any other person succeeding to the land on his death.
10. That any person so succeeding to the land, and any person
to whom the land is assigned by the occupier, will surrender this
certificate to be exchanged for a fresh certificate in his own name.
(Signed) C. D.,
Commissioner (or as the case may be).
I accept the above conditions.
(Signed) A.B.
Witness: EZ. F., if signed by a mark.
I, C. D., certify that this certificate was fully explained to 4.B.,
and that he understood the effect of it.
No. 8 of 1902.
REGISTRATION OF LAND TITLES.
1. The Commissioner may fix, and from time to time vary, by
proclamation to be notified in the Gazette, the scale of fees paid
for the grant and registration of certificates under the Queen’s
Cap. 25.] Land, 365.
Regulations relating to land made on July 10th, 1897, under
Article 99 of The Africa Order in Council 1889.°
2. Article 8 of the said Regulations of July 10th, 1897, is
hereby repealed.
3. The said Regulations may be cited as ‘The Uganda Land
Regulations, 1897”; the present Regulations may be cited as
“The Uganda Land Regulations, 1902,” and both may be
collectively cited as ‘“‘The Uganda Land Regulations, 1897 and
1902.”
J. HAYES SADLER,
ENTEBBE, HM. Commissioner.
28TH May, 1902.
Allowed :
LANSDOWNE.
His Majesty's Principal Secretary of State for Foreign Affairs.
No. 2 of 1903.
CROWN LANDS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Crown Lands
Ordinance, 1903.”
2. All conveyances, leases, and licences for the temporary
occupation of Crown land made on behalf of His Majesty shall be
made, and all proceedings, notices, and documents under this
Ordinance shall be taken or drawn, in the name of the Commissioner,
and save as therein otherwise provided shall be deemed to be made
under and subject to the provisions of this Ordinance and of any
rules for the time being in force under this Ordinance.
3. A conveyance, lease or licence for the temporary occupation
of Crown land under this Ordinance shall not confer any right to
minerals in or under the said land, or to the waters of any river or
lake.
Sales.
4. The Commissioner shall not sell to any purchaser more than
1,000 acres of Crown land in one lot without the approval of the
Secretary of State, but nothing herein shall invalidate any sale.
5 For fees under this Ordinance, see Rules, 23rd February, 1904, under The Uganda Registration
of Documents Ordinance, 1904, Chapter 34, post, page 518,
366 Laws of the Uganda Protectorate. [Coap. 25.
5. (1) Where an agreement has been entered into for the sale
of Crown land, and the portion of the price therein mentioned paid,
the land shall vest in the purchaser, but the Commissioner shall
have a lien on the land for the balance of the purchase money.
(2) If the balance of the purchase money is not paid within six
months from the date of the agreement, or within such other period
as may be specified in the agreement, the land shall revert to the
Commissioner, and all money paid shall be forfeited.
(8) No purchaser of Crown land shall be entitled to a
conveyance until the whole of the purchase money has been paid.
6. The Commissioner may require a purchaser of Crown land
to erect reasonable boundary-marks. If any purchaser of Crown
land under the Ordinance fails to erect such boundary-marks as
may be prescribed, the Commissioner may direct their erection, and
may recover the cost of their erection from the purchaser.
7. Any purchaser of Crown land who fails to maintain, and
any person, whether the owner of the land or not, who moves, or
attempts to move, or in any way tampers with the boundary-marks
of land purchased from the Crown, shall be guilty of an offence,
and shall be liable to a fine not exceeding 1,000 rupees, or to two
months imprisonment of either kind, or both.
&, The Commissioner may at any time enter upon and view
the state of any land sold under the provisions of this Ordinance.
9. (1) If any land sold under the provisions of this Ordinance
appears to the Commissioner to have been unoccupied for a period
exceeding twelve months, he may give notice that, if within the
next six months the owner does not appear and afford reasonable
proof that he intends to use and develop the land to a reasonable
extent, the land will be forfeited.
(2) Such notice shall be published in the G'azette, and a copy
shall be affixed to the land, and, if the address of the owner of the
land is known, a copy shall be sent by post to him at that address.
(3) If the owner does not appear within the six months, or if,
having appeared, he fails to afford reasonable proof that he intends
to use and develop the land to a reasonable extent, the Commis-
sioner shall by notice in the C'v:ette declare the land forfeited, and
the land shall thereupon revert to the Commissioner.
Leases.
10. No lease of Crown land shall exceed ninety-nine years.
Cuap. 25.] Land. 367
11. In the absence of special provision to the contrary
contained in the lease, all buildings on Crown land leased, whether
erected by the lessee or not, shall, on the determination of the
lease, pass to the Commissioner without payment of compensation.
12, In every lease under this Ordinance there shall, by virtue
of this Ordinance, be implied covenants by the Commissioner—
(a) That he has full power to grant the lease.
(0) That the lessee, paying the rent and fulfilling the
covenants therein contained, shall quietly hold and enjoy the
premises without any lawful interruption by the Commissioner
or any person claiming under him, except so far as the laws in
force for the time being in the Protectorate may permit.
13. In every lease under this Ordinance there shall, by virtue
of this Ordinance, be implied covenants by the lessee—
(a) That he will pay the rent or royalties thereby reserved
at the time, and in the manner therein provided.
(2) That he will pay any taxes or charges that may be
imposed upon the land or on the buildings or huts thereon.
(-) That he will allow the Commissioner, or any person
acting under his directions, or in virtue of his duty as a public
officer of the Protectorate, to enter and view the land leased.
14. Except where expressly varied or excepted, there shall, by
virtue of this Ordinance, be implied in every lease under this
Ordinance covenants by the lessee—
(«) Not to assign, except by will, the land leased, or any
part thereof, without the previous consent of the Commissioner.
(4) To keep in reasonable repair all buildings erected
before the commencement of.and included in the lease.
(c) To allow roads made by the lessee upon the land leased
to be used for the public service.
(7) To permit travellers to encamp with their servants,
animals, waggons and baggage, for a period not exceeding
forty-eight hours, on any part of the land leased which is uncul-
tivated, and which is not within a quarter of a mile of a
dwelling-house, and to allow them access, with their servants
and animals, to any river, stream or lake upon the land leased.
(¢) To use and develop the natural resources of the land
leased with all reasonable speed, having regard to all the
circumstances of the case,
368 Laws of the Uganda Protectorate. [Cuap. 25.
15. In all building leases granted under this Ordinance there
shall, by virtue of this Ordinance, be implied, unless such covenants
are expressly varied or excepted, covenants by the lessee—
(a) To erect the buildings specified in the lease and in the
manner and within the period therein provided.
(0) To erect such buildings of good and_ substantial
materials, having regard to all the circumstances.
(c) To provide reasonable drainage and water supply,
having regard to the situation and purpose of the building and
the health of the neighbourhood.
(d) To keep the buildings erected in good and substantial
repair.
(e) To deliver up the buildings in good and substantial
repair on the determination of the lease.
16. In all leases under this Ordinance of areas of land for the
purposes of agriculture or breeding or raising cattle, or for the
growth of india-rubber, cotton, tobacco or other vegetable produc-
tions, or as a timber forest, there shall, by virtue of this Ordinance,
be implied, unless such covenants are expressly varied or excepted,
covenants by the lessee—
(a) To improve and develop the resources of the land in a
prudent and business-like manner, and to abstain from the
undue destruction or exhaustion of any timber, trees or plants
for the sale or cultivation of which the land is leased.
(b) That the lessee, his servants and agents, will not
interfere with the settlements or villages of the natives, or with
land allotted for native settlements or villages, and, so far as
possible, will avoid all quarrels with the natives in or near the
land leased.
(c) To refer all disputes between the lessee, his servants or
agents, and the natives in villages or settlements in or near the
land leased to the Collector of the district.
(d) That the lessee, his servants or agents, will not
interfere with the rights, if any, of the natives to obtain timber
for building purposes, firewood and other products of the
forests or uncultivated lands.
17. Every covenant, whether express or implied, in a lease
under this ordinance, which is binding upon a lessee, shall, unless it
is otherwise provided in the lease, be binding upon all persons
claiming an interest in the land leased whose title is derived through
or under the lessee.
CHap. 25.] Laud. 369
18. (1) If the rent or royalties or any part thereof reserved in
a lease under this Ordinance shall at any time be unpaid for the
space of twenty-one days after the same has become due, or if there
shall be any breach of the lessee’s covenants, whether express or
implied, the Commissioner may serve a notice upon the lessee
specifying the rent or royalties in arrear or the covenant of which a
breach has been committed, and at any time after one month from
the service of the notice may commence an action in the High Court
for the recovery of the premises, and, on proof of the facts. the High
Court shall, subject to relief upon such terms as may appear just,
declare the lease forfeited, and the Commissioner may re-enter upon
the land.
(2) The notice shall either be served personally upon the lessee
or shall be published in the Gazette, and a copy thereof affixed to
the premises.
19. For any breach of covenants by the Commissioner, whether
express or Implied, in a lease under this Ordinance, the lessee shall
be entitled to commence an action for damages.’
Licences for Temporary Occupation.
20. (1) The Commissioner may issue licences to natives, or to
such other persons, not being Europeans or Americans, as he may
think fit, to occupy Crown land, and to erect thereon a hut or huts
or other temporary erection.
(2) A licence under this section shall not permit the occupation
of more than 5 acres of land.
(3) Unless it is expressly provided otherwise, a licence under
this section shall continue for one year, and thenceforward until the
expiration of any three months’ notice to quit : Provided that such
notice to quit may be served upon the licensee at any time after the
expiration of nine months from the date of the licence.
(+) The rent payable under any licence under this section shall
be payable monthly, or at such other period as the licence shall
provide.
(5) The benefit of a licence under this section may, with the
consent of the Commissioner, be transferred by the licensee, and
such transfer and the consent thereto shall be endorsed on the
licence.
21. The occupant of any Crown land under a licence under
Section 20 may remove any hut or other building erected by him
during his occupation of the land at any time before the licence
expires.
” As to actions against the Government generally, see Chapter 24 of The Code of Civil Procedure.
24
370 Laws of the Ugandu Protectorate. [Cnap. 25.
22. Ifthe rent payable under any licence granted under Section
20 is unpaid for one month after it became due, or if any tax or taxes
imposed upon the land, or upon the huts erected on the land, or upon
the licensee, are unpaid for two months after they became due, or
if the occupant of such land fails to keep the land in a reasonably
clean condition, the Commissioner may eject the licensee from the
land, and the licence shall be forfeited.
Compensation.
23. (1) The Commissioner may at any time enter upon any
land sold or leased under this Ordinance, and there set up telegraph
poles and place telegraph lines across such land, or may lay sewers,
water-pipes, or electric lines therein, without paying compensation,
but making good all damage.
(2) The Commissioner shall not be entitled under this section
to interfere with any dwelling-house.
24. Where any sale or lease of land under this Ordinance
transfers more than 100 acres, the Commissioner may at any time
hereafter enter upon such land and construct railways, canals and
roads for the benefit of the public across such land, without making
compensation for the land, but compensation shall be payable for all
buildings destroyed or damaged.
25. Where any sale or lease of land under this Ordinance
transfers less than 100 acres, the Commissioner may at any time
hereafter enter upon such land and construct railways, canals and
roads for the benefit of the public across such land, paying compen-
sation for the land.
26. The Commissioner may at any time hereafter enter upon
any land sold or leased under this Ordinance, and there construct
railway stations, sidings or any other public works, paying compen-
sation for the land.
27. (1) The Commissioner may at any time hereafter enter
upon any land sold or leased under this Ordinance, and take
therefrom stone and other materials for the making or repairing of
roads, railways, canals or other public works.
(2) If the materials are taken from cultivated land, compen-
sation shall be payable by the Commissioner, but not otherwise.
28. The Commissioner may, by writing under his hand, authorise
contractors, their servants and agents, to exercise the powers
conferred upon him by Sections 23-28 inclusive of this Ordinance.
CHar. 25.] Land. 371
Ceneral,
29. (1) Travellers shall be allowed to encamp with their
servants, animals, waggons, and baggage, for a period not exceedine
forty-eight hours, on any land purchased or leased from the Crown
under this Ordinance, which is uncultivated, and which is not within
a quarter of a mile of a dwelling-house, and shall be allowed access,
with their servants and animals, to any river, stream, or lake upon
the land.
(2) Any person refusing to allow travellers to encamp, or to
have access to water, under this section, or interfering with travellers
who are encamped, or any traveller refusing after request from the
owner or lessee of the land to depart after the expiration of the
forty-eight hours, or interfering in any way with the comfort or
convenience of the owner or lessee of the land, shall be guilty of an
offence, and shall be liable to a fine not exceeding 1,000 rupees, or to
imprisonment, of either kind, not exceeding two months, or to both.
30. In all dealings with Crown land regard shall be had to the
rights and requirements of the natives, and in particular the Com-
missioner shall not sell or lease any land in the actual occupation of
the natives.
31. (1) The Commissioner may grant leases of areas of land
containing native villages or settlements without specifically
excluding such villages or settlements, but land in the actual
occupation of natives at the date of the lease shall, so long as it is
actually occupied by them, be deemed to be excluded from the
lease.
2) The Commissioner may allot for the purpose of native
settlements or villages portions of the land so leased, and when and
so long as these portions are so occupied, they shall be deemed to
be excluded from the lease.
(8) Any land within an area leased which has been in the
occupation of natives shall, on ceasing to be so occupied, pass to
the lessees.
(4) Disputes between lessees of land and natives occupying land
within or near the area leasecl shall be referred to the Collector of
the district.
(5) Claims by lessees for reduction of rent on account of
diminution of the amount of land leased, or for other compensation
on account of the exercise of the powers conferred by this section,
and claims by the Commissioner for an increase of rent on account
of the vacating of land formerly occupied by natives, shall be
referred to the arbitration of a J udge of the High Court, under
Section 525 of The Indian Code of Civil Procedure.
243
a
372 Laws of the Uganda Protectorate. [Cuap. 25.
(6) Any doubts that may arise as to whether any land is or is
not included in any native settlement or village, or in lands allotted
for that purpose, shall be decided by the Collector of the district.
(7) Either the lessee of the land or the natives, if dissatisfied
with the decision of the Collector, may appeal to the Sub-
Commissioner of the province, whose decision shall be final.
32. (1) In all conveyances, leases and licences for the
temporary occupation of Crown land, and in all agreements, notices
and documents relating to such land, ‘‘ Commissioner ” shall include
the holder of that office for the time being, a person duly appointed
to act for him, and a person lawfully exercising for the time being
the powers and authorities of that office.
(2) In this Ordinance, in all rules made hereunder, and in all
conveyances, leases and licences for the temporary occupation of
Crown land, and in all agreements, notices, and documents relating
to such land, ‘ purchaser” and “lessee,” unless it is otherwise
specified, or unless the context otherwise requires, include personal
representatives or assigns.
33. The Commissioner may make rules with regard to the
following matters, and generally for carrying into effect the
provisions of this Ordinance, and may apply such rules in whole
or in part to the whole or to any district or districts of the
Protectorate :—
(a) The procedure to be followed in the case of
applications for a conveyance, lease, or licence for the temporary
occupation of Crown land respectively.
(4) The officers by whom, and the manner in which, the
powers conferred by this Ordinance shall be carried out.
(c) The survey of Crown land for a conveyance, lease or
licence for the temporary occupation of which an application is
made, and prescribing the fees to be paid for such survey by
the applicant.
(d) The demarcation and maintenance of the boundaries
of Crown land which is sold, let, or temporarily occupied
under a licence.
(e) The procedure to be followed where land sold under
the provisions of this Ordinance is forfeited under Section 9.
(7) The procedure to be followed for the settlement and
payment of compensation under this Ordinance.
34. The Commissioner may by rules under this Ordinance
prescribe the forms of conveyances, leases, and licences for the
Cuap. 25.] Land, 373
temporary occupation of Crown land, and of all other documents
or notices under this Ordinance, and from time to time may vary,
change, or withdraw the prescribed forms: Provided that nothing
herein shall prevent the Commissioner from departing from the
prescribed form in any particular instance.
35. “ The Uganda Land Regulations, 1897,” are hereby
repealed as to Crown lands, except the provisions relating to
registration of title, and the said provisions and “The Uganda
Land Regulations, 1902,” shall apply to the grant and registration
of titles issued under this Ordinance.
J. HAYES SADLER,
ENTEBBE, H.M. Commissioner.
UGAanpbA, 2nD Marcu, 19038.
No. 3 of 1906.
LAND TRANSFER.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Uganda Sh" Hs
Land Transfer Ordinance, 1906.”
2. No land in the occupation of, or held by, any transfer of land by
native of the Protectorate, or any right, title or interest ,
in or over any immovable property so occupied or held,
shall be transferred, either inter vivos or by will,
either in perpetuity or for a term of years, to any
person not a native of the Protectorate without the
. consent in writing of the Commissioner.’
ENTEBBE, GEORGE WILSON,
8TH Fesruary, 1906. Acting Commissioner.
RULES
Unper THe Crown Lanps Orpinancez, 1903.
SURVEY.’
1. These Rules may be cited as “The Crown Lands (Survey) Short title,
Rules 1905.”
2, The following Rules shall apply on a survey of Crown Lands Application.
made by a Government surveyor, for a conveyance or lease.
5 See notice 9th April, 1900, Gazette, No. 15, of the 15th June, 1900.
» As to the Survey of Mining Leases, see Mining, Chapter 26, post,
Laws of the Uganda Protectorate. [Cuap. 25.
Person liable for
payment.
Survey.
Clearing.
Boundary Marks,
Plans.
Alternative Fees.
3. The applicant for a conveyance, or lease, of Crown Lands
shall be liable for the payment of the fees herein prescribed.
4. There shall be charged for linear measurements along
boundaries or internal features a fee at the rate of 4 annas per chain
of 66 ft., or part thereof.
5. If in the opinion of the Surveyor the lines are much
obstructed by grass or bush a fee not exceeding Rs. 15 per linear
mile may be charged for clearing the lines of grass or bush, unless
this has already been done before the Surveyor arrives on the ground
to commence survey work, or unless w headman and not less than
15 men, provided with the necessary implements for clearing the
lines, are placed at the disposal] of the Surveyor while the survey is
in progress.
6. Cairns of stones or, where stones are not procurable, earth
well sodded up, not less than three feet high, shall be erected at
important turning points in the boundary lines, or wherever the
turveyor considers them necessary, but generally not nearer one to
the other than half a mile along a straight line, and a fee of Re. 1
shall be charged for each cairn so erected.
7. Generally the boundaries of estates, anv roads or tracks of
importance, rivers, and streams running through such estates will
be surveyed, but a complete survey will be made should the applicant
so desire and intimate his wish in writing before the Surveyor starts
the survey. The scale for surveys of estates will generally be
1/10000. If however the Chief Surveyor considers it desirable,
owing to the smallness of the estate, to do so the scale may be increased
to 1/2500. The following fees shall be charged for plans :—
For Estates of less than 100 acres,
Drawing paper Rs. 7-8-0. Tracing cloth Rs, 5.
For Estates of 100 to 1,000 acres,
Drawing paper Rs. 15-0-0. Tracing cloth Rs. 7-8-0.
For Estates of 1,000 to 20,000 acres,
Drawing paper Rs. 45-0-0. Tracing cloth Rs. 30.
For Estates of above 20,060 acres in addition to the above.
Drawing paper Rs. 15 per 10,000 acres or less. Tracing cloth
Rs. 10 per 10,000 acres or less."
8. Instead of the fees specified in Rules 4 and 6 the following
fees may, in the discretion of the Chief Surveyor, be charged :—
Rs, 15 for any area up to and including 15 acres.
te. 1 additional for every additional acre up to 40 acres.
8 Annas additional for every additional acre above 40 up to
160 inclusive.
4 Annas additional for every additional acre above 160 up to
320.
3 Annas additional for every additional acre above 320 up to
640,
2 Annas additional for every additional acre above 640 up to
1920,
14 Annas additional for every additional acre above 1920 up
to 3200.
1 Anna per acre for every acre above 3200.
-" Ride 7, as hore printed, was substituted for the original rule by The Crown
Lands (Survey) Rule, 1906, following. For fee for copy of plans, see The Crown
Lands (Survey) Rules, 1909, following.
CHAP. 25.] Land.
And in the case of Township plots the following fee shall be
charged for each plot (which will be plotted on a scale of 25°344
inches per mile), Rs. 30.
9. If the land to be surveyed is situated at a greater distance
than 20 miles from the Land and Survey Office, Entebbe,
an additional charge may be made to cover cost of transit.
Such charge shall be determined by the Chief Surveyor.
GEORGE WILSON,
Acting Convmissioner.
ENTEBBE,
28tH Marca, 1905.
GENERAL.
1. These Rules may be cited as The Crown Lands (Conveyance)
Rules, 1905.
2. Unless otherwise expressly agreed, in all conveyances, leases
and licences for temporary occupation of Crown Lands in the
Uganda Protectorate, all timber and forest rights, all mines and
minerals, with free access to work and carry the same, shall be
reserved to the Commissioner.
3. A conveyance lease or licence for the temporary occupation
of Crown Lands under The Crown Lands Ordinance, 1903, shall not
confer any right to the waters of any river or lake.
4, No stream or lake may be dammed up, diverted, or in any
way interfered with, directly or indirectly (e.g., by sinking a well so
near as to draw off the water), without permission.
5. Application for water rights should be made separately to the
Land Officer, and should in his opinion there be no possible objection,
the Land Officer may give a written permission from time to time to
dam up, divert, or use the water for temporary purposes for a period
of not more than one year. Should, however, in his opinion there
be a possible objection, or should the right be applied for for a
longer period than one year, a copy of the application shall be
published in the Official G'azette, and shall be posted by the Land
Officer during thirty days at the Land Office or Collectorate of the
district in which the water right is applied for, or should there be
no such office in the district at the office of the Sub-Commissioner
of the province concerned.
6. Any objections to the granting of such water rights shall be
made in writing to the Land Officer within fourteen days of the date
of the publication of the application.
7. The objections, if any, shall be heard on a day appointed, of
which the applicant and objectors shall have due notice, by the Land
Officer, who shall decide whether such objections are valid or not.
8. If there be no valid objections to the granting of such
application the Land Officer may grant the application.
1 Rules 2, 24, 37 and 38 do not apply in cases to which The Crown Lands
(Conveyance) Rules, 1908, apply, see Rule 21 of The Crown Lands (Conveyance)
Rules, 1908, following.
Township Plots.
Additional
Charge for
Distance.
Short title.
Timber Rights.
Water Rights.
Diversion of Water.
Application for
Water Rights.
Objection to grant
of Water Rights.
Land Officer to hear
objection to grant of
Water Rights.
Land Officer may
grant Water Rights.
376
Luars of the Uganda Protectorate. [Cuap. 25.
Applicant to pay
expenses,
Irrigation.
Rights of way.
Fouling of Water
Courses prohibited,
Fences.
Erection of build-
ings near roads.
Land Officer.
Agricultural laud,
price,
Application for
Agricultural Land.
Deposit.
‘Time for payment
of deposit.
Form of Applica-
tion.
Boundary Marks.
area applicd for,
Failure to pay
moneys due,
9. The applicant shall pay the expenses incident to the
application, and should the application be granted such fee, if any,
for the permission as may be agreed upon.
10. All Jand purchased and leased from the Crown shall be
subject to any irrigation rules that may hereafter be made.
11. All existing rights of way shall be maintained by the
holder of the land and resetved to the Commissioner.
12. No sewage, filth or refuse shall be allowed to enter into
or foul in any way any lake, pond, stream, or water-course.
13. Every holder of land under The Crown Lands Ordinance
who keeps live stock should provide fences, to prevent his stock from
’ straying off his own land, and until proper fences are provided such
person shall be unable to impound any cattle found trespassing on
his land or bring any action in respect of damage caused thereby.
14. No building, fencing or vther obstacle shall be erected
within a distance of one hundred feet from the centre of any public
road outside the area of any township or station.
15, The Land Officer shall be such person as may from time to
time be appointed to perform the duties of the Land Officer.
PURCHASE AND LEASE.
(A) AcRicuLtuRAL, Erc.
16. The ordinary terms at present for the purchase of agricul-
tural and grazing land of average quality are from one rupee per
acre to two rupees, and for a lease from 2 to 4 anuas per acre,
according to locality.
17. Applications for the purchase or lease of Crown Lands for
agricultural cr grazing purposes should be made to the Land Officer
direct, or through the Collector of the district in which the land is
situate,
18. The Land Officer may require applicants to pay a sum of
money by way of deposit towards the expenses of aud incidental to
the survey aud cost of the land, and the preparation and regis-
tration of the deeds before furhter steps are taken.
19. Should such deposit nut be paid within fourteen days from
the date of the request for payment the application shall be deemed
to have been refused, unless the Land Officer sees fit to accept the
deposit later. —
20. Applications should be made on the form prescribed in
Rule 34, and a rough plan should accompany all applications.
21. On permission to mark out land being given, boundary
marks should be erected where necessary, and the boundary lines
cleared of grass and bush.
22. The area within such boundaries will be deemed the area
applied for, notwithstanding that it may be less than the acreage
applied for.
23. Should the applicant fail to pay within three months of the
date of a demand for payment by the Land Officer any sum or sums
due and payable to the Government by the applicant in respect of,
Cuap. 25. ] Land.
377
or incidental to, the application, or anything done thereunder, he shall
lose all claim (if any) to the land, and all moneys paid or deposited
by him shall belong to the Government.
24. A lessee of agricultural land shall in every year for the
first three years bring not less than one-tenth of his holding under
cultivation, and shall keep all cultivated land in good heart and
condition : Provided’ that as soon as 3/10ths of the holding are
cultivated such lessee shall not be required to cultivate any further
portion.”
25 A purchaser of Crown Land for agricultural or grazing
purposes may arrange with the Land Officer for the payment of the
purchase price by instalments, but he must sign an agreement setting
forth the terms upon which he agrees to purchase before he enters
into possession, and he shall not be entitled to a conveyance until the
whole of the purchase money has been paid.
26. A purchaser or lessee of Crown Lands shall keep, maintain
and preserve at his own cost to the satisfaction of the Land Officer
the boundary marks erected at the time of survey.
(3) Townsuip Prors.
27, Applications for the lease of township or station plots
should be made to the Collector of the district, and on the form
prescribed in Rule 35.
28. The lease of township and station plots will ordinarily be
put up to auction upon conditions to be notified at the time.
Should there be no bidding the applicant shall be deemed to
have acquired it.
29: The highest bidder at the auction immediately on the plot
being knocked down to hinr shall pay the sum of rupees 35, as a
deposit towards the cost of survey, and the preparation of the
document, he shall also pay auction fees and rent (not less than 6
months) in advance to the 31st December or 30th June next
following.
30. Registration fee and stamp duty on the document will be
payable on the completion of the document.
31. The lessee of a township or station plot shall erect, keep,
maintain and preserve at his own cost boundary marks aut fences
to the satisfaction of the Collector of the District.
(c) LicENcES FOR TEMPORARY OCCUPATION.
32. Licences for the temporary occupation of Crown Lands
under The Crown Lands Ordinance, 1903, Section 20, may be issued
by Collectors. For small allotments to natives, who, if occupying
the land of a native chief, would pay a rental to their chief, the
Licence Form A in Rule 40 should be used. For allotments of
Crown Lands not exceeding 5 acres for which the native Licence
form A is not appropriate, ¢.g., for station and other plots, with or
without buildings thereon, of which it is desirable to allow a
temporary occupation, and to keep available for sale or lease, the
Licence form B in Rule 41 shoulc be used.
33. The holders of licences for temporary occupation may be
called upon by the Collector to put up temporary boundary marks
from time to time.
2 See note to Rule 2, page 375.
Cultivation by
Lessees.
Payment by instal-
ments.
Maintenance of
boundary marks.
Application for
township plots.
Plots to be
auctioned,
Fees payable at
lime of auction.
Registration and
Stamp Duty.
Boundary Marks
and Fences.
Temporary occu-
pation Licences
Temporary
Boundary Mark .
378 Laws of the Uganda Protectorate. [CHap. 25.
34. The form of an application for Crown Land for agriculture, grazing, &c., shall
be to the effect following :—
UGANDA PROTECTORATE.
APPLICATION FOR LAND.
Applicant’s Name.
Applicant’s Surname or father’s name.
Nationality.
Place of abode.
Approx. area of Jand applied for.
State whether freehold or leasehold is
desired ; if the latter, state length of
term.
Situation of land, stating Province, Coun-
try, and all particulars which may
assist in locating same.
Purpose for which the land is required, ¢.g.,
Agriculture, Grazing, cc.
State price you are prepared to pay peracre.
State whether any portion of the land
applied for is in the actual occupation
of or claimed by natives.
Applicant.
Se Bata ace 19,
NOTE.—A rough plan should accompany all applications for land. On per-
mission to mark out a claim being given, boundary marks should be
inserted where necessary, and the boundary lines cleared of grass and
bush. The area included within such boundary lines will, if available,
and unless it exceeds the maximum area sanctioned, be the allotment.
35. The form of an application for a township or station plot shall be to the
effect following :—
UGANDA PROTECTORATE.
APPLICATION FoR TowNSHIP or Station PLov.
Applicant’s Name.
Applicant’s Surname or father’s name.
Nationality.
Place of abode.
No. or name of plot applied for.
Length of lease desired.
Situation of plot, stating Province, Country,
and name of Township or Station.
Purpose for which the land is required.
State rental you are prepared to pay.
State whether any portion of the land
applied for is in the actual occupation
of or claimed by natives or others.
State value of buildings which you are pre-
pared to erect on the plot if leased to | *
you.
Applicant.
Cuap. 25.] Land. 379
36. The form of an agreement for the sale of Crown Lands by instalments shall
be as follows, or to that effect :—
AN AGREEMENT made this day of 19, in pursuance
of The Crown Lands Ordinance, 1903, and of the Rules made-in accordance therewith,
BETWEEN
His Majesty’s Commissioner for the Uganda Protectorate (hereinafter referred to as
the Commissioner) of the one part and
(hereinafter referred to as the purchaser) of the other part. WHEREBY subject to
the provisions of The Crown Lands Ordinance, 1903, and the Rules for.the time being in
force thereunder, the Commissioner agrees to sell and the purchaser to purchase the
piece or parcel of land comprised in the first schedule hereto for the sum of Rupees
payable by instalments as follows, viz.
the sum of Rupees on the day of 19, and thereafter
the sum of Rupees on the day of in each year
until the full sum of Rupees is paid.
AS WITNESS the hands of the parties hereto.
The first Schedule hereinbefore referred to.
57. The form of a lease of Crown Lands for Agricultural or grazing purposes
shall be as follows, or to that effect :*
THIS INDENTURE made the day of 19 in pursuance
of The Crown Lands Ordinance, 1903, and of the Rules made in accordance therewith,
BETWEEN
His Majesty’s Commissioner for the Uganda Protectorate (hereinafter referred to as
the Commissioner) of the one part and
(hereinafter referred to as the Lessee) of the other part, WITNESSETH that the
said Commissioner does demise unto the said lessee that portion of land situate at
and described in the plan hereto annexed and therein coloured red, TO HOLD the
same unto the lessee from the day of 19, for the term
13 See note to Rule 2, page 375.
380 Laws of' the Uganda Protectorate. [Cuar. 25.
of years thence ensuing, yielding therefor during the said term rent
of per annum payable to the 19 , on the execution
of these presents, and thereafter in half-yearly instalments on the lst January and
the lst July in each year, commencing on the 19 AND the said
lessee hereby covenants that
?
AND the said lessee hereby agrees to observe, obey, and perform all conditions and
covenants implied by Jaw in this lease or otherwise herein referred to. IN WIT-
NESS whereof the said parties to this lease have hereunto set their hands and seals
the day and year first above written.
Signed by the Commissioner, and
sealed with his official seal, and
duly delivered in the presence of
the Lessee in the presence of
Signed, sealed and delivered «|
}
38. The form of a Conveyance on sale of Crown Lands shall be as follows, or
to that effect :—"™
AN INDENTURE made this day of 19°C,
in pursuance of The Crown Lands Ordinance, 1903, and of the Rules made in
accordance therewith, BETWEEN
His Majesty’ s Commissioner for the Uganda Protectorate (hereinafter referred to as
the Comnuissioner), of the one part, and
(hereinafter referred to as the purehesen) of the other part. WHEREAS the
purchaser has paid to the Comwissioner the sum of Rupees and has
complied with the provisions of The Crown Lands Ordinance, 1903, and the Rules
thereunder, so far as they are applicable to the piece or parcel of land hereinafter
described, ‘and has become entitled to a couveyance thereof. NOW THIS
INDENTURE WITNI ESSETH that in consideration of the premises, and also the
sum of Rupees paid by the purchaser to the Commissioner as aforesaid
4 Sec note to Rule 2, page 375.
Crap. 25.] Land. 381
(the receipt whereof the Commissioner doth hereby acknowledge), HE the said
Commissioner doth hereby grant and convey unto the purchaser ALL THAT piece
or parcel of land situate in
TO HOLD the same unto and to the use of the purchaser, subject nevertheless to
the provisions of the said Crown Lands Ordinance, 1903, and the Rules for the time
being in force thereunder. IN WITNESS whereof the said parties to these presents
have hereunto set their hands and seals the day and year first wbove written.
Signed by the Commissioner, and
sealed with his official seal, and
duly delivered in the presence of
Signed, sealed and delivered by’
the purchaser in the presence of\
39. The form of a lease of a township plot shall be as follows, or to that
effect :—
THIS INDENTURE made the day of 12,
in pursuance of The Crown Lands Ordinance, 1903, and of the Rules made in
accordance therewith, BETWEEN
His Majesty’s Commissioner for the Uganda Protectorate (hereinafter referred to
as the Commissioner) of the one part and
of
(hereinafter referred to as the Lessee) of the other part, WITNESSETH that the
said Commissioner does demise unto the said lessee that portion of land situate at
and described in the plan hereto annexed and therein coloured red,
TO HOLD from the day of 19 =, for the term of
years thence ensuing, yielding therefor during the said term rent of
per annum, payable to the 19 ,on
the execution of these presents, and thereafter in half-yearly instalments on the
lst January and the Ist July in each year, commencing on the 19
AND the said lessee hereby covenants that the lessee will, subject to any municipal
382 Laws of the Uganda Protectorate. [Cuap. 25.
law now or hereafter enacted, build and construct on the said piece of land hereby
demised such buildings as shall be approved by the Collector
of the cost value of at least rupees , and will complete the same
fit for occupation and use before the day of 19 . AND the said
lessee hereby agrees to observe, obey, and perform all conditions and covenants
implied by law in this lease, or otherwise herein referred to. IN WITNESS
whereof the said parties to this lease have hereunto set their hands and seals.
Signed by the Commissioner, and
sealed with his official seal, and
duly delivered in the presence of
Signed, sealed and delivered by
the lessee in the presence of
40. The form of licence for the temporary occupation of Crown Lands by
natives, who, if occupying the land of a native chief, would pay a rental to the
chief, shall be as follows, or to that effect :—
FORM A.
IN Osea,
Station.
UGANDA PROTECTORATE.
LIcENcCE FoR TEMPORARY OccUPATION OF Crown Lanp.
(Issued under “The Crown Lands Ordinance, 1903,” and the Rules
made wm accordance therewith.)
of
is hereby licensed, subject, save as herein expressly otherwise provided, to the
provisions of The Crown Lands Ordinance, 1903, and to the Rules for the time
being in force thereunder, to occupy to the 31st December. Oe es
ali that piece or parcel of land situate in, and known as, Allotment No...
and to erect thereon a hut or huts, or other temporary erection, at a rent of
Rupees 2, the receipt whereof is hereby acknowledged.
Dated at the day of
RENT. By order.
Rs, 2.
Collector,
Cuap. 25.] Land. 383
41. The form of licence for the temporary occupation of Crown Lands not
exceeding 5 acres, for which the form in Rule 40 is not appropriate, shall be as
follows, or to that effect :—
FORM B.
ING shee Se
Station.
UGANDA PROTECTORATE.
Licence For Temporary Occuparion or Crown Lanp.
(Issued under “ The Crown Lands Ordinance, 1903,” and the Rules
‘made in accordance therewith.)
of
is hereby licensed, subject, save as herein expressly otherwise
provided, to the provisions of The Crown Lands Ordinance, 1903,
and to the Rules for the time being in force thereunder,
to occupy all that piece or parcel of land situate in.
_...and knownas .__.
(together with the buildings thereon erected) ata (The words in
parentheses to he
yearly pitch on ees
monthly rent of Rs. payable eee
quarterly
lst January
in advance on the Ist day of every calendar month in each year.
Ist J anuary. Ist April. Ist July. 1st October.
Dated at the day of
19
By order
Collector.
ENTEBBE, J. HAYES SADLER,
llr Octoner, 1905. H.M. Commissioner.
SURVEY.
1. This rule may be cited as ‘‘ The Crown Lands (Survey) Rule, 1906,” and shall
be read as one with The Crown Lands (Survey) Rules, 1905. :
2. Rule 7 of The Crown Lands (Survey) Rules, 1905, is hereby repealed, and the
following is substituted therefor :—
Plana, “7, Generally the boundaries of estates, any roads or tracks of importance,
rivers and streams, running through such estates, will be surveyed,
but a complete survey will be made should the applicant so desire and
intimate his wish in writing before the Surveyor starts the survey. The
scale for surveys of estates will generally be 1/10000. If, however, the Chief
384
Laws of the Uganda Protectorate. [Cuar, 25.
Surveyor considers it desirable owing to the smallness of the estate to do so
the scale may be increased to 1/2500. The following fees shall be charged
for plans :—
For Estates of less than 100 acres,
Drawing paper Rs. 7-8-0. Tracing cloth Rs. 5.
For Estates of 100 to 1,000 acres,
Drawing paper Rs. 15-0-0. Tracing cloth Rs, 7-8-0.
For Estates of 1,000 to 20,000 acres,
Drawing paper Rs. 45-0-0. Tracing cloth Rs. 30.
For Estates of above 20,000 acres in addition to the above. Drawing
paper Rs. 15 per 10,000 acres or less. Tracing cloth Rs. 10 per 10,000
acres or less.” ®
ENTEBBE,
GEORGE WILSON,
3rp Frpruary, 1906. Acting Commissioner.
Mode of citation,
Rent and purchase
price.
Original Lease of
1,000 acres or less.
CONVEYANCE.
1. These Rules may be cited as “‘ The Crown Lands (Conveyance)
Rules, 1908,” and they shall apply as far as applicable to such leases,
conveyances or other documents only as shall be executed with
special reference to them by name.
2. In ordinary cases the minimum rent for agricultural or
grazing land is 10 cents per acre per annum, and the minimum
purchase price is two rupees an acre.
3. An Original Lease of 1,000 acres of land or less for
agricultural purposes shall confer upon the lessee the following
rights :—-
(A) If at any time during the term thereby granted he shall
have under proper cultivation not less than one-tenth of the said
land, or shall have expended in manner defined by Rule 5 a total
sum representing an expenditure of not less than Rs. 7°50 for every
acre leased, he may at any time during the said term purchase the
said land, or any part thereof, at the price per acre mentioned in the
said lease.
Example.
Lease of 800 acres for *} years.
Tf, for example, the lessee has under proper cultivation 80
acres or has expended a sum of Rs. 6,000 on the
land, he may purchase the whole 800 acres.
(B) If at the determinstion of the said lease he shall have
under proper cultivation a less amount than one-tenth of the said
land, or shall have expended a sum of less than Rs. 7:50 per acre,
he may purchase at the price per acre mentioned in the said lease
the land so placed under proper cultivation, together with an
additional area of the like amount of the said land, or he may
purchase one acre for each sum of Rs. 15 expended as aforesaid on
the said land.
15 An addition was made to Rule 2 by The Crown Lands (Survey) Rules,
1909, q.r.
Cuap. 25.] Land.
Example.
Original lease of 800 acres for 3 years.
If, for example, the lessee has under proper cultivation at
the end of the term 66 acres he may purchase the 66
acres and an additional 66 acres. Or, if he shall have
expended a sum of Rs. 600 he may purchase 40
acres.
4. An original lease of more than 1,000 acres of land for
agricultural purposes shall confer upon the lessee the following
rights :—
(A) If at any time during the term thereby granted he shall
have under proper cultivation not less than one-tenth of the said
land, or shall have expended in manner defined by Rule 5 a total
sum representing an expenditure of not less than Rupees three for
every acre leased, ‘
(a) He may, at any time during the said term, purchase
at the price per acre mentioned in the said lease the land so
brought under proper cultivation, together with an additional
area of twice as much of the said land, or he may purchase one
acre of the said land for every 10 rupees expended as aforesaid
on the said land, the residue of the said land remaining under
the said lease for the unexpired residue (if any) of the term
thereby granted ; and
5) Obtain a new lease (hereinafter referred to as a Second
Lease), to be dated from the expiration of the Original Lease,
of the residue of the said land for the term of as many years as
the said residue contains thousands of acres, any portion of
land less than 1,000 acres to count for the purpose of ascertaining
the number of years as 1,000 acres, at the rent per acre reserved
by and subject to the same covenants and conditions on the
part of the lessee as are contained in the Original Lease. At
any time during the term of such Second Lease he may purchase
any piece of the land leased which he shall bring under proper
cultivation, together with an additional area of twice as much
of the said land, at the price mentioned in the Original Lease,
the residue of the said land remaining under the Second Lease
for the unexpired residue (if any) of the term thereby granted ;
(c) Or instead of the additional rights and powers contained
in sub-clause (b) he may obtain a Final Lease of three times the
amount of the land brought under cultivation as aforesaid, or a
Final Lease of one acre of the said land for every 10 rupees
expended as aforesaid on the said land. Such lease shall, unless
otherwise agreed upon, date as from the expiration of the
Original Lease, and shall be subject to the same covenants and
conditions (other than the amount of rent) on the part of the
lessee as are contained in the Original Lease. A person entitled
to a Final Lease of land under this clause may take a lease of
such land for any one of the following terms at the rent
hereinafter mentioned, namely,
(1) Not exceeding 21 years at the same rent as is
mentioned in the Original Lease ; (2) not exceeding 50 years
at the rent of four times the amount of the rent mentioned
in the Original Lease; (3) not exceeding 99 years at the
rent of ten times the amount of the rent mentioned in the
Original Lease.
on
Original lease of
more than 1,000
acres,
NOTE:
A lease of this kind
can only be granted
with the sanction of
the Secretary of
State.
386 Laws of the Uganda Protectorate. [Cuap. 25.
Example,
Original Lease of 8,000 acres for 3 years at 10 cents per
acre per annum, with purchase price at Rs. 2 per acre.
(a) If, for example, the lessee has under proper cultivation
1,000 acres, he may purchase the 1,000 acres and an
additional] 2,000 acres at Rs. 2 per acre.
If he has expended Rs. 30,000 on the land, he may
purchase 3,000 acres at Rs. 2 per acre.
(b) And in either case, he may also obtain a Second Lease,
containing the rights mentioned in the above Rule,
to date from the expiration of the Original Lease of
the residue of the land, that is to say,
(1) If he purchases 2,000 acres, a Second Lease
of 6,000 acres, for the term of 6 years at 10 cents
per acre per annum.
(2) If he purchases 3,000 acres, a Second Lease
of 5,000 acres, for the term of 5 years at 10 cents
per acre per annum.
And if during the term of the Second Lease he brought
under proper cultivation 100 acres of the land leased,
he would be entitled to purchase the 100 acres and
an additional 200 acres at Rs. 2 per acre.
(c) Alternatively, instead of (5), he may in the case
mentioned in (a) obtain a lease of 3,000 acres for one
of the following terms at the rent mentioned :
Not exceeding 21 years at 10 cents per acre per
annum.
Not exceeding 50 years at 40 cents per acre per
annum.
Not exceeding 99 years at 1 rupee per acre per
annum.
(B) If at the determination of the Original Lease he shall
have under proper cultivation a piece of the said land of a less amount
than one-tenth thereof, or shall have expended as aforesaid a sum of
less than Rs. 3 per acre, he may purchase such piece of the said
land so placed under proper cultivation together with an additional
area of the like amount of the said land, or he may purchase one
acre of the said land for every Rs. 20/- expended as aforesaid on the
said land.
Example.
A lease of 8,000 acres for three years with purchase price at
Rs. 2 per acre.
(a) If, for example, the lessee has under proper cultivation
at the end of the term 666 acres he may purchase the
666 acres and an additional 666 acres at Rs, 2 per acre.
(b) If he has expended Rupees 10,000 on the land, he may
purchase 500 acres at Rs. 2 per acre.
Improvements upon 5. The improvements of the said land upon which money may
eer may be expended as aforesaid may be any of the following :—Reclamation
of swamps, clearing of bush or scrub, cultivation, planting with trees
or live hedges, laying out and cultivating of gardens, fencing, draining,
making roads, sinking wells or water tanks, constructing water races,
sheep or cattle dips, making embankments or protective works of
any kind, or in any way improving the character or fertility of the
soil, or the erection of any building as mentioned in Rule 15,
Cuap. 25.] Land.
387
6. The form of an Original, Second, and Final Lease and of a
Conveyance of freehold shall be in the form prescribed by Rules 22,
23, 24, and 25 respectively, or as near as may be thereto.
7. The rights of lease or purchase given by the foregoing Rules
shall not be construed so as to confer any right to a lease or
conveyance of any land not included in the Original Lease.
8. A person entitled to rights under these Rules may in every
case exercise his rights to an extent less than the full extent thereof.
9. As a condition to a lessee exercising any right of purchasing
or taking on lease any land under these Rules he shall give notice
in writing to the Land Officer of his intention so to do not less than
3 months before the determination of his lease.
10. Where any piece of lund less than the whole land granted
by an Original or Second Lease shall be sold or leased under the
provisions contained above, a survey shall in the first instance be made,
and the right to a conveyance or lease shall be subject to such piece
of land being of a suitable shape. It shall:be deemed to be of an
unsuitable shape if the residue of the said land shall be left in an
inconvenient shape or in a shape difficult or expensive to cultivate.
11. The question as to whether the said land is under proper
cultivation, and whether such piece or pieces of the said land as
aforesaid is or are of a convenient and suitable shape, shall,in the event
of a difference of opinion, be referred to the arbitration of a single
arbitrator to be appointed by the agreement of both parties, or failing
agreement to be appointed by His Majesty’s Principal Judge of
Uganda, and such arbitration shall be deemed to be a submission for
this purpose to arbitration within The Arbitration Act, 1899, or any
statutory modification or re-enactment thereof for the time being in
force, the provisions whereof shall apply as far as applicable and not
hereby varied.
12." The expenditure of money upon the said land by the lessee
as aforesaid shall be proved by the production by the lessee of all
books, accounts, vouchers and receipts necessary for that purpose.
13. Unless otherwise expressly agreed in any lease, conveyance
or other document made under or in pursuance of these Rules, all
mines, precious stones, minerals and mineral oils in or under any land
leased or sold are excepted and reserved to the Governor, together
with free access to work and carry away the same, making neverthe-
less to the lessee or purchaser of the said land reasonable compensa-
tion for all damage thereby done or occasioned to the said land or any
buildings thereon.
14. Unless otherwise expressly agreed in any Original Lease, all
timber and timber-like trees at the date of such lease growing or
standing on any land leased areexcepted and reserved to the Governor,
together with free access to work and carry away the same, making
nevertheless to the lessee reasonable compensation for all damage
thereby done or occasioned to the said land or any buildings thereon.
Provided that the lessee may at any time use any timber and
timber-like trees, reserved to the Governor as aforesaid, growing on
the said land, for the purpose of erecting buildings or fences on the
said land or for other reasonable constructional requirements of the
said land, but no such timber or timber-like trees shall be removed
by him away from the said land, In such case he shall, within two
25a
Forms,
Land included in
Original Lease only
dealt with.
Hixercise of rights
by person entitled.
Notice of intention
to exercise rights,
Shape of land less
than whole land
leased.
Questions of
cultivation and
shape to be referred
to arbitration.
Proof of expendi-
ture of money on
the land.
Mines, precious
stones, minerals
and mineral oils
reserved to the
Governor.
Timber and
timber-like tree
388
Laws of the Uganda Protectorate. [Cuap. 20.
Restrictions on user
of land held on
lease.
Fixtures,
No compensation
for improvements,
Application for
grant of freehold.
months after cutting down any such tree, plant and maintain two
trees of a kind similar to the tree so cut down.
Timber and timber-like trees upon land granted for an estate of
freehold shall become the property of the purchaser of such land.
15. No land held upon lease shall be used at any time during
the term thereby granted for any other purpose than as agricultural
or grazing land, and no buildings other than houses for the occupation
of persons engaged in directing the cultivation or cultivating the
land, or in charge of animals grazing thereon, or sheds for the purpose
of storing agricultural implements and materials to be used in
connection with such land, or for storing the produce of such land,
or sheds for animals, shall be erected thereon without the consent in
writing of the Governor.
16. In case a lessee shall erect any building or affix any engine,
machinery or other fixture upon or to the land leased to him, which
is not so erected or affixed in pursuance of some obligation on his
part in that behalf, or instead of some building or some fixture
belonging to the Governor, then such building or fixture shali be the
property of and be removable by the lessee before or within a month
after the termination of the tenancy.
Provided as follows :—
(a) Before the removal of any building or fixture the lessee
shall pay all rent owing by him, and shall perform or satisfy all
other his obligations to the Governor in respect to the said land :
(6) In the removal of any building or fixture the lessee
shall not do any avoidable damage to any other building or other
part of the said land:
(c) Immediately after the removal of any building or fixture
the lessee shall make good all damage occasioned to any other
building or other part of the said land by the removal :
(d@) The lessee shall not remove any building or fixture
without giving one month’s previous notice in writing to the
Governor of the intention of the lessee to remove it:
(e) At any time before the expiration of the notice of
removal the Governor, by notice in writing given by him to the
lessee, may elect to purchase any building or fixture comprised
in the notice of removal, and any building or fixture thus elected
to be purchased shall be left by the lessee, and shall become the
property of the Governor, who shall pay the lessee the fair value
thereof to an incoming lessee of the said land, and any difference
as to the value shall be settled by a reference to arbitration, as
provided in Rule 11.
17. Upon the determination of any lease by effluxion of time or
otherwise, the lessee shall not be entitled to make any claim against
the Governor in respect of any improvements made to any land which
by the determination of such lease reverts to the Governor.
18. Upon making an application for a grant of freehold, the
lessee shall pay to the Land Officer 50 % of the amount of the purchase
price, or estimated purchase price, as a deposit towards the purchase
price of the land, and the costs of the preparation and registration of
the deeds, and such further survey as may be necessary for the purpose
of ascertaining whether these Rules are complied with. Such costs
CHap. 25.] Land. 389
are to be borne by the purchaser, who, upon a grant of freehold being
made, shall forthwith pay the balance of the purchase price and of the
costs of the Land Officer.
19. Upon making an application for a lease, the lessee shall Application for
pay to the Land Officer such reasonable sum as the Land Officer
may require as a deposit towards the cost of the preparation and
registration of the deed or deeds, and such further survey as may be
necessary for the purpose of ascertaining whether these Rules are
complied with. Such costs are to be borne ly the lessee, who, upon
a lease being granted, shall forthwith pay the balance (if any)
thereof to the Land Officer.
20. The conditions upon which grazing leases will be granted
with rights similar to those mentioned above will be dealt with in
each case separately.
21. Rules 2, 24, 37 and 38 of The Crown Lands (Conveyance)
Rules, 1905, shall not apply in any case to which these Rules apply.
22. The form of an Original Lease of Crown Lands for
agricultural purposes under these Rules shall be as follows, or to that
effect : :
THIS INDENTURE made the day of
in pursuance of The Crown Lands Ordinance, 1903, and of the Rules
made in accordance therewith, and in particular in pursuance of The
Crown Lands (Conveyance) Rules, 1908, being an Original Lease
thereunder between
Governor of the Uganda Protectorate (hereinafter referred to as the
Governor) of the one part and
(hereinafter referred to as the lessee) of the other part
WITNESSETH that the Governor does demise unto the lessee that
portion of land containing acres or thereabouts situate
at
and described in the plan hereto annexed and therein edged with
pink TO HOLD the same unto the lessee from the day of
19 for the term of years thence ensuing yielding
therefor during the said term rent of _ per annum payable
to the day of 19 on the execution of these
presents and thereafter in half-yearly instalments on the 1st January
and the Ist July in each year commencing on the day of
19 AND THIS INDENTURE ALSO
WITNESSETH that the purchase price of the said land for the
purpose of the said Crown Lands (Conveyance) Rules, 1908, shall be
ee sum of Rupees per acre AND the lessee hereby covenants
that
AND the lessee hereby covenants to observe obey and perform
all conditions and covenants implied by law in this lease or other-
wise herein referred to AND THIS INDENTURE ALSO
lease.
Grazing leases,
Rules not to apply.
Form of Original
Lease.
390 Laws of the Uganda Protectorate. [Cuap. 25.
WITNESSETH that the following special provisions shall be
contained in any conveyance of freehold made under or by
virtue of the provisions expressed or implied of this lease namely
a provision
IN WITNESS whereof the said parties to this lease have hereunto
set their hands and seals the day and year first above written.
Signed by the Governor and sealed
with his official seal and duly
delivered in the presence of
Signed sealed and delivered by cay
lessee in the presence of :
Form of Second 23. The form of a Second Lease of Crown Lands for
Lense: agricultural purposes under the above Rules shall be as follows, or to
that effect :—
THIS INDENTURE made the day of
19 in pursuance of The Crown Lands
Ordinance, 1903, and of the Rules made in accordance therewith,
and in particular in pursuance of The Crown Lands (Conveyance)
Rules, 1908, being a Second Lease thereunder Between
Governor of the Uganda Protectorate ‘(hereinafter referred to as
the Governor) of the one part and
(hereinafter referred to as the lessee) of the other part WHEREAS
these presents are supplemental to an Indenture of Lease dated
the day of 19 and numbered
in the Land Office Register, and made between the
Governor of the one part and the lessee of the other part (herein
referred to as the Principal Indenture).
AND WHEREAS the lessee under the terms of the Principal
Indenture is entitled to a lease for the term of years
at the rent of per acre per annum of the land hereinafter
described, and has requested the Governor to grant him a lease of
the same in manner aforesaid, which the Governor has agreed to do.
NOW THIS INDENTURE WITNESSETH that the Governor
does demise unto the lessee all that portion of land containing
acres or thereabouts situate at
and forming part of the land demised by the Principal Indenture
and described in the plan hereto annexed and therein edged with
piok TO HOLD the same unto the lessee from the
day of 19 for the term of years thence
ensuing, yielding therefor during the said term rent of per
annum, payable to the day of 19
on the execution of these presents, and thereafter in half-yearly
instalments on the lst January and the Ist July in each year,
commencing on the day of
Cuap. 25.] Land. 391
AND the lessee hereby covenants that
AND the lessee hereby covenants to observe, obey and perform all
conditions and covenants implied by law in this lease or otherwise
herein referred to.
IN WITNESS whereof the said parties to this lease have hereunto
set their hands and seals the day and year first above written.
Signed by the Governor and sealed’
with his official seal and duly
delivered in the presence of
Signed, sealed and delivered by the
lessee in the presence of
24. The form of a Final Lease of Crown Lands for Formof Final
agricultural purposes under the above Rules shall be as follows, or ‘e8s®
to that effect :
THIS INDENTURE made the day of
19 in pursuance of The Crown Lands
Ordinance, 1903, and of the Rules made in accordance therewith,
and in particular in pursuance of The Crown Lands (Conveyance)
Rules, 1908, being a Final Lease thereunder between
Governor of the Uganda Protectorate (hereinafter referred to as the
Governor) of the one part and
(hereinafter referred to as the lessee) of the other part WHEREAS
these presents are supplemental to an Indenture of Lease dated
the day of 19 and numbered
in the Land Office Register and made between the
Governor of the one part and the lessee of the other part (herein
referred to as the Principal Indenture) AND WHEREAS
the lessee under the terms of the Principal Indenture is
entitled to a lease for the term of years at the
rent of per acre per annum of the land hereinafter
described and has requested the Governor to grant him a lease of
the same in manner aforesaid which the Governor has agreed to do
NOW THIS INDENTURE WITNESSETH that the Governor
does demise unto the lessee all that portion of land containing
acres or thereabouts situate at
and described in the plan hereto annexed and therein edged with
pink TO HOLD the same unto the lessee from the
day of 19 for the term of years thence
ensuing yielding therefor during the said term rent of per
annum payable to the day of 19 on the
392 Laws of the Uganda Protectorate. [Cuap. 25.
execution of these presents and thereafter in half-yearly instalments
on the lst January and the Ist July in each year commencing on
the day of 19
AND the lessee hereby covenants that
AND the lessee hereby covenants to observe obey and perform all
conditions and covenants implied by law in this lease or otherwise
herein referred to
IN WITNESS whereof the said parties to this lease have hereunto
set their hands and seals the day and year first above written
Signed by the Governor and sealed
with his official seal and duly
delivered in the presence of
Signed sealed and delivered by the
lessee in the presence of
25. The form of a Conveyance of freehold of Crown lands under
Form of Convay- these Rules shall be as follows, or to that effect :—
re a =
ecco ae THIS INDENTURE made the day of
19 ~, in pursuance of The Crown Lands
Ordinance, 1903, and of the rules made in accordance therewith, and
in particular in pursuance of The Crown Lands (Conveyance) Rules,
1907, between
Governor of the Uganda Protectorate (hereinafter referred to as
the Governor) of the one part and
(hereinafter referred to as the purchaser) of the other part.
WHEREAS the purchaser has paid to the Governor the sum of
Rupees and has complied with the provisions of The
Crown Lands Ordinance, 1903, and the Rules thereunder, so far as
they are applicable to the piece or parcel of land hereinafter
described, and has become entitled to a conveyance thereof. NOW
THIS INDENTURE WITNESSETH that in consideration of the
premises and also the sum of Rupees
paid by the purchaser to the Governor as aforesaid (the receipt
whereof the Governor hereby acknowledges), He the Governor
hereby grants and conveys unto the purchaser ALL THAT portion
of land containing acres or thereabouts
situate at
and described in the plan hereto annexed and theiein edged with
pink TO HOLD the same unto and to the use of the purchaser,
subject nevertheless to the provisions of the said Crown Lands
Ordinance, 1903, and the Rules for the time being in force there-
under,
Cuap. 25.] . Land. 393
AND THIS INDENTURE ALSO WITNESSETH Special provisions,
if any.
IN WITNESS whereof the said parties to these presents have
hereunto set their hands and seals the day and year first above
written.
Signed by the Governor and sealed
with his official seal and duly
delivered in the presence of
Signed sealed and delivered by the
purchaser in the presence of
Enresse, Ucanpa, H. HESKETH BELL,
26TH May, 1908. Governor.
SURVEY,
1. These Rules may be cited as ‘“‘The Crown Lands (Survey) Rules, 1909,” and
shall be read as one with The Crown Lands (Survey) Rule, 1906.
2. The following addition shall be made to Rule 2 of The Crown Lands
(Survey) Rule, 1906 :—
For a copy of a plan, on photographic printing paper, Rs. 3/-; provided that such
fee may be increased or reduced to a reasonable extent, according to the size of the
plan, at the discretion of the Land Officer.
ENTEBBE, H. HESKETH BELL,
2np Aprit, 1909. Governor.
No. 11 of 1908.
LAND TITLES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Registration of Land
Titles Ordinance, 1908.”
2. A Land Registry shall be estabiished, and on and after the
commencement of this Ordinance, in cases in which the land shall
394 Laws of the Uganda Protectorate. [CHap. 25.
have been surveyed, demarcated and delineated upon a map or plan
by a Government surveyor or otherwise to the satisfaction of the
Chief Surveyor, the Land Officer shall prepare in duplicate in the
prescribed forms :— :
(I.) All Crown grants of land hereafter made.
(1I.) All final certificates of title hereafter issued by
Government to native owners in the Kingdom of Uganda.
3. The duplicates shall be delivered to the Registrar of Titles
(and until such officer is appointed the Land Officer shall be deemed
the Registrar of Titles), who shall register the title in manner here-
inafter directed, and thereafter deliver a duplicate to the Land
Officer for issue with a memorandum of registration endorsed
thereon or attached thereto.
4. When land has once been registered under this Ordinance,
all transactions affecting it, conferring, or purporting to confer,
declare, limit or extinguish any right, title or interest, whether
vested or contingent, to, in or over such land (other than such
documents as may be of a testamentary nature), and all mutations
of title by succession shall be registered under this Ordinance.
5. The Registrar of Titles shall keep a book, to be called the
‘“‘ Register of Titles,” and shal] bind up therein the duplicates of all
grants and of all certificates of title directed by this Ordinance to be
registered, and each grant and certificate of title shall constitute a
separate folium of such book, and the Registrar of Titles shall record
therein the particulars of all instruments, dealings and other matters
by this Ordinance required to be registered or entered in the register
affecting the land included under each grant or certificate of title.
6. No evidence shall be receivable in any Civil Court (other-
wise than in an action or other proceeding for the rectification of the
register) :—-
(1.) Of the sale, lease or other transfer inter vivos of land
the registration of which is directed by this Ordinance unless
such sale, lease or other transfer is effected by an instrument in
writing and the name of the purchaser or transferee shall have
been inscribed in the register as owner of the land.
(II.) Of a mortgage or charge of or upon such land, or the
produce thereof, unless the mortgage or charge is created by
an instrument in writing, and the instrument or notice thereof
has been entered in the register.
(III.) Of a sale or other transfer inter vivos of a registered
mortgage or charge, unless such sale or other transfer is effected
Cuap. 25.] Land. 395
by an instrument in writing and the name of the purchaser or
transferee has been inscribed in the register as entitled to the
benefit of the mortgage or charge.
7. Every entry on a land register shall be evidence of the facts
therein stated.
8. A registered dealing with land to which this Ordinance
applies for value made without notice of a prior unregistered
dealing shall have priority over such unregistered dealing, although
such unregistered dealing be subsequently registered.
9. Any person deprived of land or any interest in land
registered under this Ordinance—
(a) In consequence of fraud ; or
(6) By the registration of any other person as proprietor
of such land or interest ; or
(c) In consequence of any error, omission or misdirection
in any registered title—
shall be entitled to compensation from the Government, and the
Registrar of Titles may take such proceedings as he may think fit
for the recovery of the amount of such compensation from the
person whose fraud, neglect or default has entailed the payment of
such compensation. Provided that nothing in this section shall be
deemed to render liable any officer of the Government in respect of
any act done or omitted, or ordered to be done or omitted, in the
discharge, or supposed discharge, of his duty under this Ordinance.
10. The compensation referred to in the foregoing section may
be made either by a grant of any other land, or interest in land, in
this Protectorate, or in money.
11. (a) The Governor may make Rules consistent with this
Ordinance (1) prescribing the forms which may be used hereunder ;
(2) for regulating the system of registration of charges and transfer
of land and charges ; for the registration of transmission of land and
charges, and for the registration of notices to protect unregistered
dealings with registered land ; (3) for providing for the search and
inspection of registers ; (4) for providing district registries, and for
the devolution of the duties of the Registrar of Titles; and (5)
generally for the better carrying into effect the provisions of this
Ordinance.
(b) The power to make Rules shall include a power to
prescribe the fees and fix the charges to be made for any act, matter
or thing by or under this Ordinance to be done or observed.
396 Laws of the Uganda Protectorate. [Caap. 25.
(c) Until such Rules are made the forms specified in
Schedule 1, or forms to that effect, shall be the prescribed forms, and
the fees specified in Schedule 2 shall be the fees payable in respect
of the several acts, matters and things to which they relate.
12. The Registration of Documents Ordinance, 1904, shall not
apply in the case of documents affecting title to be registered under
this Ordinance.
ENTEBBE, , H. HESKETH BELL,
12TH JUNE, 1908. , Governor.
SCHEDULE I.
The following forms, or forms to the effect following, are
prescribed for use under this Ordinance.
No. I.
Form OF CERTIFICATE OF REGISTRATION.
UGANDA PROTECTORATE.
CERTIFICATE OF REGISTRATION.
(Under The Uganda Land Titles Ordinance, 1908.)
REGISTER, Vol. » folio
This is to certify that the [here insert Freehold, Leasehold or
Matlo as the case may be| Land in the county of
in the Kingdom of Uganda [here jill in a short
description of the land] shown and coloured red on the filed plan is
registered with [here insert Absolute or Leasehold or Absolute Mailo
as the case may be| Title under the above reference.
Copies of the entrics in the Register and of the filed plan are
within.
Dated this day of 19
Registrar.
CHap. 25.] Land. 397
Memorandum of mortgages, encumbrances or other interests on
the said land.
Date of Registration. Nature of Document.
No. IT.
Form oF CERTIFICATE OF TITLE TO NATIVE LANDHOLDERS IN THE
Kincpom or UGANDA.
This is to certify that His Majesty's Government recognise
oO as
the absolute owner of the MAILO LAND situate at in
the county of in the Kingdom of Uganda, containing
or thereabouts,
more particularly delineated in the plan attached hereto and therein
coloured red.
Dated this " day of 19.
Governor.
No. III.
INSTRUMENT OF TRANSFER.
The Uganda Land Titles Ordinance, 1908.
District or County
Province
Reference to Title
Dated the day of 19. In consideration of
I, A.B. . of
hereby transfer to C.D. of
the land comprised in the title above referred to.
Witnesses to Signature of A.B.
W.X. of Signature of A.B.
Y.Z. of
Norg.—This form will require variation according to circumstances; for instance, when a part of the
land only is sold, or where there is any reservation, etc.
398 Laws of the Uganda Protectorate. [Cuap. 25.
No. IV.
INSTRUMENT oF CHARGE.
The Uganda Land Titles Ordinance, 1908.
District or County
Province
Reference to Title
Dated the day of 19. In consideration of
1, A.B. of
hereby charge the land comprised in the title above referred to with
the payment to C.D. of on the
day of 19 , of the principal
sum of , with interest at
per cent. per annum, payable (half yearly, quarterly) on the
day of 19 , im every year.
Witnesses to Signature of A.B. !
WX. of Signature of A.B.
Y.Z. of
SCHEDULE II.
Fees payable in respect of the several acts, matters and things
herein specified.
1. On the application to register any/, , .
interest ah land cot being ; 5% a ccna ee
xovernment grant or certificate ve aE “th be ‘ |
of title as mentioned in Section 2 fos: fi R - me
of the Ordinance. Cay an oe
Provided that should the Registrar refuse to register, the fee,
with the exception of Rs. 2, shall be returned to the applicant.
2. On a search or inspection—
Rs. cents.
(a) For a specified instrument ... ape 1 - 00
(6) For a general search a oe 5 - 00
3. For copies—
Certified—
(a) For the first 100 words or part thereof 2 - 00
(5) For every further 100 words or part thereof 1 - 00
(c) Of plan Rs. 12, or such other sum as
: Puke the Registrar may direct.
Cuap. 25. | Land. 399
Uncertified—
Rs. cents.
(d) For the first 400 words or part thereof 1 - 00
(e¢) For every further 100 words or part thereof 0 * 25
Rs. 6, or such other sum as
oe os ' the Registrar may direct.
4. For the translation of a document—
(a) For the first 100 words or part thereof 8 ° 00
(5) For every further 100 words or part thereof 4 - 00
Provided that the Registrar may reduce the fees for translation
for any reason he thinks fit.
RULE.
Unvrr Tur Reaistrarion oF Lanp Titties Orpinancr, 1908, Section 11,
SuB-SECTION (B).
This Rule may be cited as “ The Registration of Land Titles (Fees) Rule, 1909. ”
There shall be charged for the registration of each final document recognising,
under The Uganda Agreement, 1900, a private estate of the Kabaka and his family as
specified in the said agreement. Bs. 15.
ENTEBBE, H. HESKETH BELL,
8tH January, 1909. Governor,
No. 17 of 1908.
EXECUTION OF CROWN GRANTS.
It is hereby, with the approval of the Secretary of State,
enacted as follows :—
1. This Ordinance may be cited as “The Crown Grants
(Execution) Ordinance, 1908.”
2. All conveyances and leases of Crown Lands, all recognitions
of title and other dealings with lands, required by any law or
practice for the time being in force to be in writing, and signed by
the Governor, shall be deemed to be duly and validly executed if
they bear the seal of the Land Office, are signed by the Land
Officer, and purport to be so signed by order of the Governor.
ENTEBBE, H. HESKETH BELL,
26TH NovEMBER, 1908. Governor.
400
Laws of the Uganda Protectorate. [Caap. 26.
CHAPTER XXVI.
Minrne.!
No. 5 of 1902. The Uganda Mining Regulations, 1902.
No. 6 of 1902. The General Mining Rules, 1902.
No. 7 of 1902. Safe Mining Rules, 1902.
Short title.
Interpretation.
No. 5 of 1902.
MINING.
1. These Regulations may be cited as “The
Uganda Mining Regulations, 1902.”
2. In these Regulations the following terms shall
have the respective meanings hereby assigned to them,
unless the context otherwise requires, that is to
say :—
The term “ the Protectorate” means the Uganda
Protectorate.
The term “the Commissioner” means His
Majesty’s Commissioner and Consul-General for the
Protectorate, or the person for the time being acting
as Commissioner and Consul-General.
The term “the Government” means the officers
administering the Protectorate severally and col-
lectively. :
‘‘TLand-owner” means owner of land subject toa
reservation of minerals, and includes a lessee of Crown
land subject to a reservation of minerals.
The term “public field” or “mining centre”
means the proclaimed area thrown open by lawful
authority for digging and mining. .
The term “claim” means that portion of a public
field on which any person has obtained a licence to
>
1 For the vesting of mines and minerals, see Article 7 (4) of The Uganda
Order in Council, 1902, Appendix A, and Clause 17 of The Uganda Agreement,
1900, Appendix B. ;
For the term Sub-Commissioner, whenever used, see No. 14 of 1908, and
notices 15th July, 1907, and 17th July, 1909, Chapter 9, ante,
Cuap. 26.]: Mining.
dig or mine, and which has been lawfully taken up
and occupied under and by virtue of the provisions of
these Regulations.
The term ‘prospecting area” means a_ rect-
angular four-sided area, no side of which shall exceed
600 yards in length.
The term “European” means a person of
European birth or parentage.
The term “the ‘Gazette’” means the Gazette of
the Protectorate.
The term “ mining purposes ” means the purpose
of searching for, mining, and removing gold, silver,
precious stones, ores, metals, coals, and all other
minerals, and of carrying out such works.
The term “ prescribed” means prescribed by
Rules made under these Regulations.
The term “person” shall include any body of
persons, corporate or unincorporate.
The term “native” has the same meaning as in
the Orders in Council for the time being applying to
the Protectorate.
3. All rights of underground working under
these Regulations shall be limited by imaginary lines
drawn vertically downwards from the surface
boundaries.
+. The provisions of these Regulations shall extend
,and apply to all lands situate within the Protectorate
except -—
(a) Lands dedicated to or set apart for any
public purpose.
(5) Lands held under grants or leases giving
the holderrights of working the mines and minerals
which are recognised by the Government.
(c) Lands declared by the Commissioner by
notice in the Grazette to be exempted from the
operations of these Regulations.
5. The Commissioner may appoint an officer, with
the title of Commissioner of Mines, and such other
officers as may be necessary, to carry into effect the
provisions of these Regulations, and may assign to
each such officer his duties.
6. The Commissioner of Mines, or other pre-
scribed officer, may issue a prospector’s licence to any
26
401
Lands to which
Regniations are
applicable.
Appointment of
officers.
Prospectors
licences,
Laws of the Uyanda Protectorate. [Cuap. 26.
Limitation of rights
conferred by
prospecting licence.
Disputes as to
rights of owners
and prospectors to
be determined by
Commissioner of
Mines.
Bond to be entered
into by prospector,
person, authorising him ta prospect and search for
geld, silver, precious stones, ores, metals, coal, and all
other minerals, or any or all thereof, on any lands to
which these Regulations apply. Such licence may
be granted on personal application, or, in case of
renewal, on personal or written application, upon
payment, in advance, of a sum of 5 rupees for every
six months for which the same is to be in force; and
no one shall be allowed to prospect or search for gold,
silver, precious stones, ores, metals, coal, or any other
minerals on such lands without obtaining such
licence: Provided, however, that such licence shall be
subject to any Regulations for the time being in force,
and provided such licence shall not authorise the sale
or other disposal of any gold, silver, precious stones,
ores, metals, coal, or any other minerals so discovered ;
and every holder of a prospecting licence shall have
the right of grazing for six horses or mules, or for
sixteen oxen, and of taking wood and water for his
domestic use, free of charge on Crown lands, and if
on any other lands, on payment to the owner or
occupier of the land where such licence is exercised
of 8 annas per diem: Provided, however, that the
prospector shall only exercise the rights conferred on
him by this section on the land at the place or places
indicated by the Collector of the district or the owner,
as the case may be.
7. If any question shall arise between the-
owner or occupier and the prospector as to their
respective rights, or as to the suitability of land
indicated by the owner, they shall be determined by
the Commissioner of Mines or other prescribed officer.
8. Any person applying for a prospecting licence
for the purpose of prospecting the land of any owner
shall, at the time, enter into a bond with two sureties
to be approved by the Commissioner of Mines, or other
prescribed officer, in the sum of 400 rupees for him-
self and of 200 rupees for each of the two sureties, for
the due and proper repair of any surface damage done
by him on the land of any owner, and for the due
payment of the sum accruing to any owner from the
prospector on account of the daily payments such
prospector is required to make under section 6 of
these Regulations for the grazing, wood, and water
rights referred to therein.
Cuap. 26.] Mining.
403
9. Such bond shall be as near as may be in the
form of Schedule (B) hereto.
10. Any person being the holder of a prospecting
licence may beacon off for himself a prospecting area,
whick area he may hold (subject, however, to all such
Regulations as may from time to time be in force)
until the expiration of the period for which the licence
was granted or may have been renewed: Provided,
however, that no prospecting area shall be beaconed
off on any public field within a distance of 880 yards,
though prospecting operations may be carried on
within such distance, from any known portion of any
discovered reef, or of the site of the discovery of any
alluvial gold, diamonds or precious stones. No person
shall at any time occupy more than one prospecting
area, either by himself or his servants.
11. It shall be the duty of any person having
made any discovery or find of gold, silver, or precious
stones whilst prospecting under such licence, to at
once make a solemn declaration of the finding of the
same, and to: lodge such declaration with the
Collector of the district in which any such find shall
have been made ; and any person who shall fail to do
so within a reasonable time shall be lable, upon
conviction thereof, to a fine not exceeding 500 rupees,
or to simple imprisonment for a term which may
extend to six months, or to both, and in addition his
licence may be forfeited.
12, Any person who shall make such declaration
whilst prospecting or otherwise, well knowing that
the gold, silver, or precious stones declared to have
been found were, by himself or by some other person,
placed or deposited in or on the spot, or in the soil or
stuff dug out or removed from the spot in which such
declarant was prospecting, or in which the discovery
of such gold, silver, or precious stones is declared as
aforesaid to have been made, and were not naturally
situated in or on the spot, or in the soil or stuff in
which they were declared to have been found or
discovered, or well knowing that the said precious
stones or minerals were not found or discovered
in or on the place where they were declared to have
been found or discovered, shall, upon conviction, be
punished with imprisonment of either description,
264
Form of such bond,
Prospecting area,
Declaration of
discovery of gold,
&e.
False declaration.
404.
Laws of the Uganda Protectorate. [CHap. 26.
Fraudulent acts,
Proof of fraudulent
acts.
Proclamation of
mining centre or
public field.
Proclamation no
guarantee.
for a term which may extend to three years, and
shall also be liable to fine.
18. Any person who shall wilfully place or
deposit, or be accessory to the wilfully placing or
depositing of, any gold, silver or precious stones in
any spot or place for the purpose of inducing any
person to make such solemn declaration as aforesaid,
or for the purpose of misleading the Government as
to the payable nature of a spot or place where gold,
silver, or precious stones have been declared to have
been found, and previous to such spot being pro-
claimed an alluvial digging, or mine, or being let out
on a lease as hereinafter provided, shall be liable to
the same punishment as for an offence under the
last preceding section.
14. In any proceedings taken for the contra-
vention of the last preceding section, if the accused
person shall be proved to have placed or deposited, or
to have been accessory to the placing or depositing,
of any gold, silver, or precious stones in any place
where the finding thereof would be likely to lead
any person to make a declaration of the finding of
the same, or would tend to mislead the Government,
he shall be taken to have so placed or deposited such
gold, silver or precious stones in contravention of the
last preceding section, unless te shall produce
satisfactory evidence to the contrary.
15. It shail be lawful for the Commissioner from
time to time, by Proclamation, and when satisfied as
to the existence of gold or silver ores or precious
stones in payable quantities, to constitute and appoint
any portion of the territory to be a mining centre, or
public field, under these Regulations, to assign
boundaries to such centre ‘or field, to enlarge, con-
tract, or otherwise alter such boundaries, and to
declare by what local name, if any, every such mining
centre or field shall be designated, and to abolish
altogether such mining centre or field.
16. The proclaiming of a mining centre or public
field by the Commissioner does not carry with it any
guarantee of the existence of gold, silver or precious
stones in payable quantities on such mining centre or
field.
Cuap. 26. | Mining.
17. Any holder of a prospecting licence who
shall have complied with the provisions of these
Regulations, and who shall prove to the satisfactioa
of the Commissioner of Mines, or other prescribed
officer, that he has found any gold, silver, or precious
stones under such licence, shall, on abandoning his
prospecting area, be entitled, instead, to select five
alluvial or seven quartz claims at the place where
such gold, silver, or precious stones shall have been
found, and shall receive a certificate from the
Commissioner of Mines that he is so entitled. Such
claims shall be marked off and registered as prospec-
tors’ claims : Provided, however, that in no case shall
such a discoverer be entitled to select such claims, or
receive any such certificate, should his discovery be
situated within a distance of 3 miles of any previous
discovery for which a certificate has been applied for
or granted. The holder of any such certificate, being
the original prospector to whom such certificate was
granted, shall, whether the claims be included in a
public field or not, have the right to work, dig, or mine
for gold, silver, or precious stones therein without
being required to take out or keep up any prospector’s
or digger’s licence for such length of time as he may
remain the owner ofsuch claims. Each of such claims
shall be of the size fixed and determined under these
Regulations as the size of a prospector’s or digget’s
claim.
18. It shall be lawful for the Commissioner of
Mines, or other prescribed officer, when satisfied as to
the existence of gold, silver, or precious stones in
payable quantity on any prospecting area on any public
field, to call upon the owner of such prospecting area
to relinquish his prospecting right over such prospect-
ing area, and to take out a digger’s licence as herein-
after prescribed. Such owner shall be entitled to
mark off his digger’s claims upon the site of his
prospecting area, and shall be empowered to mark off
digger’s claims, not being more than twelve in number,
exclusive of his own or prospector’s claims.
19. The question as to whether gold, silver, or
precious stones in payable quantity has been discovered
on any prospecting area on any public field, shall be
determined after due inspection of such area by the
Commissioner of Mines, or other prescribed officer,
405
Prospectors’ claims,
When gold is dis-
covered in payable
quantity, owuer to
relinquish his
yrospecting area
and mark off
diggers’ claims.
Commissioner of
Mines to decide if
gold has been dis-
covered in payable
quantity.
406
Laws of the Uganda Protectorate. [CHap. 26.
Diggers’ licences
on public fields,
Any person may
take out two
licences and
purchase claims.
Amalgamation of
claims.
Trauster of claims.
and the determination so arrived at shall, if approved
by the Commissioner, be final and conclusive, and not
subject to any kind of appeal.
20. It shall be lawful for the Commissioner of
Mines, or other prescribed otticer, to issue a digger’s
licence to any person, authorizing him to dig for gold,
silver, or precious stones on any land on any public
field not previously occupied, under the provisions of
these Regulations, whether as prospecting claims or
otherwise. Such licence may be granted to any person
applying for the same upon payment in advance of a
sum at the rate of 20 rupees for each month, or portion
of a month. Each licence shall entitle the digger
named therein to beacon off a claim on the public field
named in the licence, upon such conditions and in such
manner as may be provided by these Regulations, or in
Rules under these Regulations.
21. Any person shall have the right to take out
two licences on each public field, and to hold the same
in his own name. He shall also be allowed to hold
claims acquired by purchase from other claim-holders.
22. Diggers, being holders of adjoining claims,
being not less than three nor more than twelve in
number, who wish to amalgamate their claims, can
have the same registered as amalgamated claims on
application at the office of the officer appointed for the
purpose. When so registered, the share of each digger
shall be clearly defined, and the working of one or
more of such claims so amalgamated shall be deemed
a sufficient compliance with the provisions of the
Regulations as to the continuous working of claims.
23. Claims may be transferred from one licensed
holder to another, subject to such Regulations as may
be in force. Such transfer may be made according to
the form in Schedule (D) to these Regulations, and the
price of transfer must be declared by the transferor
and transferee ; but no transfer of any claim shall be
recognized until it has been duly registered by the
Commissioner of Mines, or other prescribed officer ;
and such registration is to take place only on payment
of a transfer fee of 10 rupees per claim, provided that
the transfer of any claim shall carry with it the transfer
of the licence, and that the transferee shall continue
Cuap. 26.] Mining.
407
to pay in advance monthly the 20 rupees’ payable on
such licence. In cases of parts of claims transferred,
the licence payable to be apportioned and included in
a new licence to be granted for the sub-division, each
such transaction to be endorsed on the transferor’s
licence.
24, A licensed digger who may have transferred
his claims shall be at liberty to take out such new
digger’s licences as he may under the provisions of
these Regulations be entitled to hold. For the pur-
poses of this section an amalgamation shall be con-
sidered as a transfer.
25. At every public field, and in every district
at or in which there shall be more than twenty-
five registered claim-holders or licence-holders, such
persons shall, upon an application made in writing
to the Commissioner, and signed by not less than
two-thirds of the whole number, and, upon such
application being acceded to, be at liberty to elect
a Diggers’ Committee of not less than five or more
than nine members, who shall hold their seats
subject to such Rules as may be framed under
these Regulations, and whose duties shall consist in
making bye-laws for such public field or district for
the management and administration of mining centres
or districts, in respect of all local needs. Provided that
such bye-laws shall not injuriously affect the rights or
interests of any person outside such centre or district,
and such bye-laws shall not have effect until they are
approved of by the Commissioner and published in the
Gazette, or otherwise published as may be deter-
mined by Rules.
26. The principal officer in the Department of
Mines, under whose superintendence the public field
is, shall be Chairman of the Diggers’ Committee, with
a casting vote in case of equality of votes.
27. Save as hereinafter excepted, every registered
claim-holder or working prospector shall be eligible to
be a member of a Diggers’ Committee, and every
claim-holder or working prospector shall have one vote,
and no more, in the election of members of such
Committee.
* Corrected, as here printed, by notice 26th March, 1908, following, page 446.
A digger having
transferred his
claims may take
out new licences.
Diggers’
Committee.
Chairman of
Committee,
Qualification for
membership.
408
Laws of the Uganda Protectorate. [CHap. 26.
Disqualification.
Owner of private
laud tc receive half
licence moneys.
Owner may
prospect withont a
licence on his own
lands.
Owner way not
throw vpen his laud
to the public.
Owner to declare a
discovery.
Owner's claims on
a public field.
28. No claim-holder or working prospector shall
be eligible as a member of a Diggers’ Committee, or
be a voter for members thereof, whose estate shall be
sequestrated as insoivent, and if after election any
member shall cease to be a claim-holder or working
prospector, or shall become and be declared insolvent,
his seat shall, ipso facto, become vacant. No claim-
holder or prospector shall be entitled to vote for, or
to be elected as, a member of a Diggers’ Committee
unless he is engaged in actual prospecting or digging
upon such public field or in such district on his own
account or for others.
29. The owner of any private land included in
any public field shall receive one-half of the amount
paid to Government for stand licences or other fees
payable in respect of such land.
30. Every owner of land subject to a reservation
of minerals shall, on giving notice to the Commissioner
of Mines, be entitled to prospect his own land or
holding within the boundaries of his own property,
without taking out a licence. No such owner or
lessee owner shall be allowed to throw open his ground
to the public as a public field, either in respect to
alluvial or quartz diggings, nor shall he permit any
digging or mining on any portion of his land, except
under the provisions of these Regulations and any
Rules issued thereunder.
31. Every owner on discovering gold, silver, or
precious stones on his own land shall make such
declaration as is required of the licensed prospector in
Section 11.
32. The owner of any land which has been pro-
claimed a public field, or annexed to an already
existing field, shall, after the prospector has beaconed
off his prospector’s and digger’s claim, be entitled to
beacon off certain claims, to be known as owners’
claims; according to the extent of the said land, to
wit—-one claim for each 100 acres : Provided, however,
that the number of owners’ claims shall in no case be
less than two nor exceed twelve in number, which
must be worked in compliance with all the Rules and
Regulations as to claims and the licences requisite
therefor. In all cases the prospector shall have first
Cuap. 26.] Mining.
409
choice of site of claims ; the owner shall then select
and beacon off such claims as he may be entitled to,
and thereafter the holders of diggers’ licences may
beacon off claims in terms of the provisions of these
Regulations and any Rules made thereunder.
33. There shall be exempt froin the operation of
these Regulations all land upon which any house or
buildings have been erected, and the land immediately
adjacent thereto, ag also all water furrows, gardens,
orchards, or cultivated lands or plantations : Provided,
however, that the owner of any such land so exempted
may, in consideration of compensation, waive all claim
to such exemptions. In all cases the water supply of
the owner of any land on a public field shall be
reserved, so that he shall retain sufficient for his
household, his stock, and for any water-mill already
erected, and the irrigation of such gardens and land as
were under cultivation at the time of the proclamation
of such land as a public field. If any «juestion shall
arise as to water supply, it shall be determined by the
Commissioner of Mines or other person deputed by
him.
34. The Commissioner of Mines shall have the
power, and is hereby authorised, on the application of
any person holding a digger’s licence, to do the
following acts on, or with respect to, any public
field : --
(a) To lay out lines of road, which shall be made
and maintained and used with such fencing, bridges,
and for such period and by such persons as the Com-
missioner of Mines may determine. ) On silver, a royalty of » annas per ounce.
(c) On diamonds, a royalty of 24 per cent. upon
the value thereof.
(@) On coal, a royalty of 8 annas per ton.
(¢) On other precious stones, ores, metals,
minerals, such royalty as the Commissioner
may fix.
These royalties are subject to such alteration as
tlie Commissioner may see fit to make from time to
time.
And it shall be the duty of any person mining
for such gold, silver, precious stones, ores, metals,
coal, and all other minerals to render all such
accounts as may be required by the Commissioner of
Mines, and to pay such royalties at the end of the
months of March, June, September, and December in
each and every year.
43. One-half the amount received by the Govern-
ment on account of the rents for mining or mineral
leases granted over any private land shall be paid to
the owner of such land, as well as one-half of the
royalties received by the Government, if and in so
far as such royalties do exceed the amount of rent
payable.
Crap. 26.] Mining. 413
44. A tract of land once proclaimed a public Zosins of » public
field, or annexed thereto as a portion thereof, shall not
be directed to be closed unless the population of
European birth or descent thereon be reduced to less
than one person for every 40 acres. No such public
field shall be closed until three years from the pub-
lication of a Proclamation directing such closing, and
the rights of remaining diggers shall in all such cases
be considered, and further time if requisite be granted
them for working their unexhausted claims, all in
terms of Rules framed under these Regulations.
45. The extent of a prospector’s or diyger’s "stent of claims.
alluvial claim shall be 150 feet by 150 feet, and each
claim shall be properly beaconed off at the four corners
with pegs not less than 2 inches in diameter, and
standing not less than 3 feet above the ground. The
number of the claim, the name of the owner, and the
date of pegging off must be duly marked on each peg,
such peg being marked with the cardinal point of
bearing. The extent of a prospector’s or digger’s quartz-
reef claim shall be 150 feet along the reef, and 400
feet across or on one side of the reef'as may be desired.
In respect to quartz-reef claims, two central pegs, one
at either end of the claim, will be sufficient beacons for
the first thirty days. After the expiration of that
time, four corner pegs must be substituted, and the
direction must be indicated by clearly defined beacons.
In the case of quartz-reef blocks of amalgamated
claims, four corner pegs shall be sufficient for each
block, but the names of the respective claim-holders
in the block, or of any trustee or trustees holding for
them, or of any company acquiring such claims, must
be legibly marked on each peg, together with the date
of amalgamation. No alluvial claims shall be pegged cisims not to ve
out under power of attorney, and all such claims must —Peske" eth eanncy,
be beaconed off, and registered by the person in whose
name the licence has been taken out.
46. Any digger on a public field desiring to Abandonment of
abandon his claim or claims with the object of marking
off a new claim or claims, shall be entitled to do so on
withdrawing the pegs of the claims to be abandoned,
posting a notice of the abandonment on the ground ior
at least seven days, and reporting the withdrawal and
abandonment, in writing, tothe Commissioner of Mines,
or his authorised deputy.
414
Laws of the Uganda Protectorate. [Cuap. 26.
Stands for
dwellings.
Stand licences,
Owner to receive
half amount of
stand licences,
Wood-cutting
licences on lands
included in public
fields,
Wood. cutting on
private land
incInded in public
field.
Penalty for digging
or prospecting
withcut a licence.
47. Each licensed digger is entitled to a stand for
his dwelling in addition to his claims for digging, but
the site of his dwelling shall not be a spot known to
contain gold, silver, or precious stones. A licensed
digger shall, on receiving notice from the Commissioner
of Mines, or other officer appointed for the purpose,
remove his dwelling within thirty days.
48. Every person, not being a digger, who desires
to erect, on any public field, a store or shop, building,
or dwelling-house, or any other kind of erection, may
obtain from the Commissioner of Mines, or other
prescribed officer, one or more stand licences. Each
such licence shall entitle the holder to beacon off a
piece of ground in such a locality as may be pointed
out by the Commissioner of Mines, or other prescribed
ofticer, so as not to interfere with mining operations
on any area known to contain gold, silver, or precious
stones. Each stand licence, whether monthly or
yearly, at the option of the applicant, must be renewed
from time to time. The cost of the stand licence,
which shall be in addition to other licences, and the
extent of ground included in any stand licence, shall
be fixed from time to time by Rules issued under the
provisions of these Regulations: Provided that the
Commissioner may at any time authorise the sale, by
public auction, of stands on any public field; and in
the event of such sale, the owner of any private land
included in any public field, and entitled, under Sec-
tion 29 of these Regulations, to one-half the amount of
stand liceuces paid to Government, shall be entitled
to receive one-half of the net proceeds of the sale of
such stands by public auction.
49. The cost of licences for wood-cutting on
Government lands included in any public field shall
also be fixed from time to time by Rules issued under
the provisions of these Regulations.
50. With respect to the cutting of wood on private
land included on any public field, an agreement must
be entered into with the owner.
51. Any person or persons, other than those who
may be working on land held under a mining or
mineral lease, who shall prospect, search for, or dig
for gold, silver, precious stones, ores, metals, coal, or
any other minerals without being in possession of a
CHap. 26.] Mining.
licence taken in his own name, shall be liable to a fine
not exceeding 100 rupees for each offence, and, on
failure to pay the fine, to simple imprisonment for a
term which may extend to three months. The
onus of proof that he is duly licensed shall rest with
the person accused. Each licensed prospector or
digger shall exhibit his licence whenever called upon
so to do by any officer of the Government, and any
person refusing to exhibit his licence shall be deemed
to be prospecting or digging without a licence.
52, Any person guilty of illegally altering, shift-
ing, or removing the beacons or pegs of any claim shall
be liable to imprisonment of either description, which
may extend to three years, or to a fine not
exceeding 1,000 rupees.
53. Any person paying his servant in native gold
shall be guilty of an offence, and on conviction there-
of shall be liable to imprisonment of either description
for a term which may extend to three years, or to
a fine not exceeding 5,000 rupees.
54. Any person purchasing, trading, or receiving
native gold from any other than a person duly
authorised, either on a proclaimed public field or
elsewhere within the limits of the Protectorate, shall
be guilty of an offence, and shall be liable, on convic-
tion, to rigorous imprisonment for a term which may
extend to five years, or to a fine not exceeding 10,000
rupees.
55. Any person not duly authorised so to do,
selling, bartering, receiving, or disposing of native gold
shall be guilty of an offence, and shall be punished by
rigorous imprisonment for a term which may extend
to three years.
56. It shall be lawful for diggers or miners to
dispose of minerals as they may deem fit: Provided
that it shall not be lawful to sell or barter native gold
to any person or persons other than bankers, or other
persons licensed to trade in gold ; and all such bankers
or licensed persons shall keep a faithful record of their
purchases, setting forth the name of the seller, quantity
bought, and date of transaction.
Penalty for
removing beacons.
Penalty for paying
servants in native
gold.
Penalty for dealing
in native gold with
others than persons
duly authorised.
Penalty inflicted on
persons dealing in
native gold,
Disposal of
minerals: native
gold.
416
Laws of the Uganda Protectorate. [Cuap. 26.
Possession of native
gold prohibited by
others than
prospectors,
dealers, &c.
Mineral oil wells,
No+transter duty
exacted on value
of mineral in land
sold.
Commissioner may
make rules.
57. It shall not be lawful for any person, other
than a licensed digger, or licensed dealer or lessee, to
be in possession of native gold other than in such
small quantities as may be reasonably held for scientific
purposes or as mineral specimens. Any person found
unlawfully in possession of native gold, or gold amal-
gam, shall be liable to summary arrest by any police-
officer or any licensed digger, and shall, on conviction,
be liable to rigorous imprisonment for a term which
may extend to three years, or to a fine not exceeding
5,000 rupees.
58. In the event of the discovery of mineral oil or
oils in the Protectorate, the Commissioner shall have
the power to make, promulgate, and enforce such Rules
for the proper workings of the wells as from time to
time he shall think necessary.
59. Whenever any land owned by any person has
been or shall be sold, and the price paid, or to be paid,
for such land includes a value put upon gold, silver,
coal, diamonds, precious stones, or minerals supposed
to be in and upon the said land, no transfer duty shall
be charged or exacted by the Registrar of Deeds or
other receiver of transfer duty in respect of the price
or value of such gold, silver, coal, diamonds, precious
stones, or minerals.
60. The Commissioner may from time to time,
subject to the direction of the Secretary of State, make
Rules with respect to the following matters, and may
apply such Rules, in whole or in part, to the whole or
any district or districts of the Protectorate at such
time or times as he may think fit :—
(a) The workings of mines so as to secure
the safety of persons employed in mines, and of
the public ;
(0) The appointment of inspectors of mines,
and the powers and duties to be exercised by
them ;
(c) Any matters required by these Regula-
tions to be prescribed by Rules; and ,
(d) Any matters appearing to the Commis-
sioner to require regulating so as to give effect to
the provisions of these Regulations.
Cap, 26.] Mining.
By such Rules penalties may be imposed not
exceeding in the case of any offence a fine of 500 rupees
and imprisonment of either description for a term
which may extend to three months, with or without
fine.
61. Nothing in these Regulations shall be con-
strued as preventing the Commissioner from author-
ising any person to prospect and search for minerals
onany Crown lands, on such terms as may seem proper,
or from selling or leasing any Crown lands with such
rights of working any mines or minerals therein, and
on such terms and conditions as may be expressed in
the grant or lease, and any lands so sold or leased
shall not be subject to the provisions of these Regula-
tions.
62. Nothing in these Regulations shall abridge or
control the rights and powers of His Majesty in respect
of gold, silver, precious stones, ores, metals, coals, and
other minerals whatsoever, otherwise than in these
Regulations is expressly provided.
J. HAYES SADLER,
HM. Commissioner.
ENTEBBE,
17TH AprRiL, 1902.
Allowed :
LANSDOWNE,
His Majesty’s Principal Secretary
of State for Foreign Affairs.
SCHEDULE (A).
Prospecting Licences,
417
General saving.
Rights of the
Crown.
Prospecting Licence is hereby granted to A. B. to prospect
and search for gold, silver, precious stones, ores, metals, coals, and
other minerals on lands within the Uganda Protectorate during the
period from to (save such portion of such lands
as may be exempted under the provisions of these Regulations),
for which licence he has paid in advance the sum of
(Signed)
rupees.
Commissioner of Mines.
27
[Or other officer, as the case may be. |
418 Laws of the Uganda Protectorate. [Cuap. 26,
SCHEDULE. (B)..
Bond.
Before me, Commissioner of Mines [or other officer],
for , on the day of ,19 , A.B,
residing at ., acknowledges himself to be indebted to our
Sovereign Lord the King in the sum of 250 rupees, and C. D. and
E. F. severally acknowledge themselves to be indebted to our said
Sovereign Lord the King in the sum of 125 rupees, to be levied upon
their, and each of their, goods and lands, upon condition that the
said A. B. shall make due and proper repair of any surface damage
done by him on any land upon which he shall have obtained a
licence to prospect, and for the due payment of the sum accruing to
any owner from the said A. B. on account of the daily payments the
said A. B. is required to make under Article 6 of these Regulations
for the grazing, wood, and water rights referred to therein.
SCHEDULE (C).
Digger's Licence.
Licence is hereby granted to to mine and dig for
gold, silver, and precious stones on the public fields in
the Uganda Protectorate during months from
er , 19, and to enjoy all privileges
secured by law to licensed diggers.
For this licence has been paid the sum of rupees, being the
amount for months at per month.
(Signed)
Commissioner of Mines.
[Or other officer, as the case may be.|
SCHEDULE (D).
Form of Transfer.
I, A. B., of , being registered as the holder of
claims, numbered in the register , at
, in the district of , in consideration
of the sum of , paid to me by C. D., of
the receipt of which sum I hereby acknowledge, do hereby
transfer to the said C. D. all my right, title, and interest in and
to the claims Nos. , and I, the said C. D. , hereby
accept such transfer.
SHAP. 26. ] Mining.
419
No. 6 of 1902.°
GENERAL MINING RULES.
1. Prospecting licences on any lands within
the Protectorate may be issued to any person of
European birth or descent, on personal application,
or in the case of renewal, on personal or written
application :—
(a) By the Commissioner of Mines ;
(b) By any Sub-Commissioner of a province ;
(c) By any Collector of a district specially
appointed by the Commissioner.’
The fees to be paid for such licence shall be
5 rupees for every six months for which the same
is to be in force.
2. Prospectors may, upon payment of the
proper fee, obtain a licence either in the form of
Schedule (A) or of Schedule (B) attached to these
Rules.
3. Prospectors who may require a licence in
accordance with the form of Schedule (B) will be
required to enter, previously to receiving such
licence, into the bond specified in Schedule (C)
attached to these rules.
4, Any registered owner or lessee, upon giving
notice in writing to the Commissioner of Mines, shall
be entitled to prospect his own land without taking
out a prospecting licence.
4a. It shail be incumbent upon every prospector
entering upon the land of any owner for the
purpose of prospecting under a prospecting licence
in the form of Schedule (B), to at once notify to
such owner, in writing, the date on which he (the
said prospector) entered upon the land.
4b. Every prospector prospecting upon private
lands shall, at the end of every fortnight, pay to
the owner, trustees, lessee, or occupier of the land,
the amount of 8 annas* per diem for the number
. uae during which he has been present on the
and.
i These Rules, and The Safe Mining Rules, following, were numbered as
King’s Regulations, but are merely Rules made under Section 60 of the Uganda
Mining Regulations, 1902.
‘ District Commissioner, Nimule, appointed 27th November, 1908 ; sce notice,
following, page 446.
> Corrected, as here printed, by notice 26th March, 1903, following, page 146.
27a
Prospecting
licences, by whom
issued, cost, &c.
Fee for licence.
Prospecting licence,
forms of Schedules
(A) and (B).
Bond required of
prospector prospect -
ing on private land,
Owner of land not
required to take out
prospecting licence.
Prospector on pri-
vate land to notify
to owner date of
entry on said land.
Payments to owner
for grazing rights,
&c., to be made
direct to owner.
Laws of the Uganda Protectorate. [Cuap. 26.
Proceeding in case
of prospector failing
to pay amounts due
to owner.
Prospecting area,
how beaconed off.
Prospecting area,
registration of,
Prospecting area,
abandonment of,
Prospecting area,
conditions as to
working.
Prospecting area,
certificate of
registration,
Prospecting area,
conditions under
which it is held.
4c. Should any owner of land represent to the
Commissioner of Mines, or other officer acting as
such, that the amount lawfully due to him from any
prospector prospecting his land has not been paid,
and has remained overdue for the space of seven
days, the Commissioner of Mines may, after due
inquiry into the facts of the case, and after satisfying
himself that the amount is due and unpaid, declare the
licence granted to the said prospector cancelled, and
may take steps, under the bond entered into by
the prospector at the time he took out his licence,
to recover the amount due to the owner, which shall
be paid over to the said owner.
5. Every prospecting area must be properly
beaconed off at the four corners with pegs not less
than 2 inches in diameter, and standing not less
than 3 feet above the ground. On each peg should
be legibly inscribed the date on which the area was
pegged off and by whom.
6. Every prospecting area must be registered
within fourteen days from the day of pegging off at
the office of the Commissioner of Mines, or other
officer authorised in that behalf, in a book kept by
him for that purpose.
7. Any prospector who may wish to abandon
his prospecting area in order that he may peg off
a new prospecting area, may do so on withdrawing
the pegs of the area he wishes to abandon, and on
giving notice in writing to the Commissioner of
Mines or other duly authorised officer that he has
done so.
8. Every prospecting area shall be worked
during at least seven days out of every calendar
month.
9. Any prospector may obtain a certificate that
he is the registered proprietor of the prospecting area
registered in his name from the office at which such
prospecting area was registered, on payment of a fee
of 1 rupee.
10. A prospecting area shall be held to be
abandoned should the prospector fail to keep up his
prospecting licence, or should he fail to comply with
the conditions detailed in Rule 8,
Cuap. 26. ] Mining.
421
11. A prospector who may abandon his pros-
pecting area will be required to fill up, or to properly
fence, or to secure all shafts, pits, holes, and
excavations, in a manner so as to prevent persons or
cattle inadvertently entering the same. No pros-
pector will be permitted to register a new prospecting
area, or obtain afresh or renewal licence, until this
Rule has been complied with.
12. Prospectors on lands other than those
included in any public field desiring to mine for or
dispose of any gold, silver, precious stones, ores,
metals, coal or other minerals, will be required, prior
to doing so, to take out a mining or mineral lease.
13. Any lands in the Protectorate not exempted
from the operation of “The Uganda Mining
Regulations, 1902,” and any lands not specially
exempted therefrom hereafter by the Commissioner,
may be leased under these Rules, and in compliance
in all respects with the provisions of the said
Regulations.
14. The area of land which may be leased under
any “mining lease” shall not exceed 25 acres; and
under any “ mineral lease ” shall not exceed 506 acres ;
and any block of land applied for and leased under a
“mining lease” shall, as far as possible, be rectan-
gular in shape, and no side shall exceed 600 yards in
length.
15. Any licensed person who has prospected to
the satisfaction of the Commissioner of Mines
intending to apply fora lease of any lands in the
Protectorate shall, previous to making application as
hereinafter directed, erect, or cause to be erected, at
each angle of the land proposed to be leased a post
not less than 2 inches in diameter, and standing not
less than 3 feet above the ground ; and such post shall
be maintained at the expense of the applicant until
the application shall have been granted or refused.
16. Application shall be made in the form of
Schedule (D), hereunto annexed, in triplicate, to the
Commissioner of Mines, who shall forward a copy of
such application to the Sub-Commissioner of the
province within which the land so applied for is
situate ; and in the case of a lease being applied for
over private land, a copy of the application shall also
be sent to the owner of such land.
Filling up of holes,
shafts, &c.
Mining or mineral
lease, obligation on
prospector to make
application for, if
desirous of mining.
What lauds nay be
leased.
Extent of lease.
Boundaries of land
applied for to be
defined.
Mode of
application,
Date of hearing of
application,
Priority of
application.
Protection during
application.
Survey before
final hearing.
Laws of the Uganda Protectorate. [Cuap. 26,
17. Upon receipt of such application, the Com-
missioner of Mines shall cause the land applied for to
be surveyed, at the expense of the applicant, by any
competent Government surveyor duly admitted to
practice in the Protectorate, and he may call upon
the applicant to pay the estimated fees for the survey
according to such scale as may be in force; but in
case the sum so paid shall exceed the actual costs,
the balance shall be returned to the applicant,
18. Upon receipt from the Commissioner of
Mines of the copy of any such application, the
Sub-Commissioner shall appoint a day for the
hearing thereof, being not less than thirty days
from the date of the receipt of such application.
Immediately on fixing the day of hearing, ‘tne Sub-
Commissioner shall inform the Commissioner of Mines
of the day fixed, who shall cause to be published a
notice, setting forth that application has been made
for the granting of a lease, and appointing a date
before which objections to such lease must be lodged
with the Sub-Commissioner, and notifying the day
appointed for the hearing of the application ; and such
notification may be in the form of the Schedule (E),
hereunto annexed, and shall be published in the
Gazette.
19. In the event of more than one application
being made for the same land, or any part thereof,
the Sub-Commissioner shall determine which of the
applicants shall be held to have the prior right, and in
so doing shall be guided by priority of occupation,
provided that it shall be shown that the prior occupant
has used reasonable diligence in lodging his application.
20. All lands for which application shall be made
in the manner aforesaid are exempt from occupation
from the date of such application until the same shall
be granted or refused.
21. The surveyor shall, if possible, make the
survey prior to the day fixed for the hearing, but if
from any cause the survey cannot be made or the plan
prepared in time, the hearing may be adjourned from
time to time in the discretion of the Sub-Commissioner ;
and no application shall be finally dealt with by
the Sub-Commissioner until the plan and_ report
of the surveyor has been received.
-Cuap. 26.] Mining.
423
22. Any person objecting to the issue of a lease
so applied for shall, prior to the hearing, forward to
the Sub-Commissioner a full statement in writing of
his objections, and shall deposit with him the sum
of 100 rupees as security for the due prosecution of
his objections, and for payment of any expense to
which the applicant may be put by such objections if
disallowed; and if such objections shall not be prose-
-euted, or shall be disallowed, so much of such deposit
may be handed over to the applicant as the Sub-
‘Commissioner may award, and the balance, if any,
shall be refunded to the person so objecting.
23. Upon the day appointed as aforesaid for the
hearing, the Sub-Commissioner shall proceed to hear
the application and objections, and may examine the
parties and their witnesses, if any, and such hearing
may be adjourned from time to time.
24. If at the hearing of any objections as afore-
said the Sub-Commissioner shall find such objections
valid, he shall thereupon reject the application,
either as to the whole or a part of the land applied
for; and if thé Sub-Commissioner shall disallow the
objection, he may award to the applicant and his wit-
nesses, if any, reasonable costs and expenses, to be
paid out of the deposit made by the objector afore-
said.
25. If at the hearing there shall be no objections
to the granting of such lease by the Commissioner, or
if on hearing the objections, if any, the Sub-Commis-
sioner shall not find any such objections valid, he
shall issue a certificate to such applicant in the form
of Schedule (F) hereunto annexed.
_ 26. Leases will be granted upon such applica-
tions as may be approved. by the Commissioner for a
period not exceeding twenty-one years, commencing
from the date on which the certificate referred to in
Rule 25° is issued by the Sub-Commissioner to the
applicant, and shall be terminable on six months’
notice being given by the lessee to the Commissioner of
Mines. The Commissioner may grant a-renewal of
the lease from time to time for a further period not
$ Corrected, as here printed, by notice 26th March, 1903, following, page 446.
Objectors to give
notice.
Hearing.
Proceedings in cases
of objections.
Sub-Commissioner
to issue certificate.
Term of lease.
424
Laws of the Uganda Protectorate. [Cuap. 26.
Execution of lease.
Proceedings in case
of refusal of lease.
Withdrawal of
application.
exceeding twenty-one years, upon the terms and con-
ditions allowed by law in force in the Protectorate in
the case of new leases at the time when such renewal
is granted.
27. The lease having been prepared, under in-
structions from the Commissioner, at the expense of
the applicant, the Commissioner of Mines shall cause
notice, in the form of Schedule (G), hereunto annexed,
to be given to the lessee or lessees, requesting his
or their attendance at the office of the Commissioner
of Mines, or other place appointed by him, to execute
and take delivery thereof within a reasonable time,
not exceeding thirty days from the date of service of
such notice. Should the lessee fail to execute and
take delivery of the lease at the expiration of the
thirty days, the lease may be declared cancelled, and
a notification thereof shall be published in the Gazette
and such newspaper as the Commissioner of Mines
may direct.
28. If any lease so applied for shall be refused,
or if any application for a lease shall be withdrawn, a
notice thereof shall be published in the Gazette, and
in such newspaper as the Commissioner of Mines may
direct; and it shall be stated in such notice that such
ground is open to applicants for a lease, as if no lease
of the said ground had been applied for.
29. Any applicant for a mining or mineral lease
may withdraw his application by giving notice in
writing to that effect to the Commissioner of Mines,
after paying any and all expenses that may have
been incurred in his behalf.
30. Rent will be charged at the rate of 20 rupees
per acre per annum in respect of mining leases, and
at the rate of 5 rupees per acre per annum in the case
of mineral leases. Any fractional part of an acre
will be considered as a full acre, and any fractional
part of a month will be considered as a full month,
and charged for accordingly; and such rent shall be
computed and paid up to the Ist day of January,
April, July, and October next following the date
of the issue of the certificate referred to in Rule
25,7 and shall thereafter be made payable quarterly
* Corrected, as here printed, by notice 26th March, 1903, following page 446.
Cap. 26.] Mining.
425
in advance during the whole term of the lease, pro-
vided that one-half of the amount received by the
Commissioner on account of rents for mining or min-
eral leases granted over any private land will be paid
to the owner of such land on application.
31. There shall also be payable a royalty of
2 rupees per oz. upon all gold; 2 annas per oz. upon
all silver ; 24 per cent. upon the value of all diamonds ;
8 annas per ton upon all coal found in or extracted
from the land leased, and upon other precious stones,
ores, metals, or minerals such royalty as the Commis-
stoner may hereafter fix. Such royalty shall be paid
at the end of the months of March, June, Sep-
tember, and December in each and every year,
and in every case where royalty is paid such payment
shall be taken as payment of rent or portion thereof.
32. Every mining or mineral lease, mill and
machine site lease, shall be executed in duplicate, and
be registered at the office of the Commissioner of
Mines in a book to be kept for that purpose, and for
every such entry of registration there shall be pay-
able to the Government a fee of 20 rupees. No sale
or assignment of a mining or mineral lease, mill and
machine site lease, or of any other water-right grant,
or of the right, title, or interest therein, shall be valid
or effectual if made without the licence in writing
of the Commissioner of Mines, and such licence shall
not be granted to companies or syndicates which
have no place of business or office in the Protectorate.
33. Every sale or assignment of any mining or
mineral lease, mill and machine site lease, or grant of
water right, or of any interest therein, shall be
registered at the office of the Commissioner of
Mines, and on every such registration a fee of
5 rupees shall be charged.
34. If any lessee fails or neglects to perform any
condition contained or implied in his lease, applica-
tion may be made by any person for cancellation
thereof in the form or to the effect. set forth in the
Schedule (1) hereunto annexed; and at the time of
lodging such application, there shall be deposited
therewith the sum of 200 rupees as security for the
Royalty.
Registration, sale,
and assignment of
lease.
Registration of
assignment,
Leases may be cane
celled,
426
Laws of the Uganda Protectorate. [Cuap. 26.
Application for can-
cellation of service.
Hearing before Sub-
Commissioner.
Cancellation to be
published in the
Gazette.
Prior right of appli-
‘cant to take up can-
celled ground.
due prosecution of the application and in satisfac-
tion of any expenses to which the lessee may be put by
such application, if unsuccessful; and if such appli-
cation shall not be prosecuted, or shall fail, so much
of such deposit may be handed over to the lessee as
may be necessary to pay the expenses of such lessee,
and the balance, if any, shall be refunded to the
applicant after deducting the cost of the service of
_the notice hereinafter mentioned. The Commissioner
of Mines shall transmit the application to the Sub-
Commissioner of the province to be dealt with by
him.
35. Any copy of such application shall be served
personally on the lessee, or in such other,manner as
the Sub-Commissioner may direct, or, at the dis-
cretion of the Sub-Commissioner, may be posted on
some conspicuous portion of the ground for such time
as the Sub-Commissioner may direct, together with a
notice in the form or to the effect, set forth in
Schedule (J) hereunto annexed.
36. At the inquiry in the notice mentioned, the
Sub-Commissioner shall take evidence in relation to
the application, and to the lessee’s answer to the
neglect complained of, and immediately thereafter he
shall forward to the Commissioner of Mines the
application and evidence taken by him as aforesaid,
with his report thereon; and the non-appearance
of the lessee, or anyone on his behalf, on the day of
hearing in the notice mentioned, shall be sufficient
prima facie evidence of the neglect complained of for
the cancellation of the lease.
37. Upon receipt of such report as aforesaid,
the Commissioner of Mines may declare any such lease
cancelled, and notice of such cancellation shall be
published in the Gazette, and in one newspaper cir-
culating in the district.
38. In the event of the cancellation of any lease
upon . such an application as above mentioned, the
applicant shall, during fourteen clear days from the
date of notice of such cancellation, have the prior
right to take up the ground or any part thereof in
accordance with the Rules for the time being in force,
but at the expiration of that period, should he have
Crap. 26.] Mining.
427
failed to do so, the land shall be open for occupation »
by any other person.
39. If such priority of right be exercised over
the whole of the ground it shall not be necessary to
have such claim re-surveyed.
40. Each mining or mineral lease shall be subject
to the following (among other) conditions :—
(a) A reservation of the right of the Government
of the Protectorate to make and construct roads and
railways, dams, reservoirs, and to have any tele-
graphs, telephones, pipe or pipes, conduits, water-
courses, or any other appliances for the conveyance of
water, made over or under or across any part of the
land leased; also to lay gas-pipes, and erect railway,
telegraph, and telephone stations for the public use,
by order of the Commissioner of Mines, over any part
ot the land leased, with the right to any person duly
authorised by the Government of the Protectorate to
enter upon such land for the purpose of constructing,
repairing, inspecting and maintaining any such
roads, railways, dams, reservoirs, telegraphs, tele-
phones, gas-pipes, water-pipes, conduits and water-
courses, railway, telephone, and telegraph stations,
without hindrance by the holders of the lease.
(b) If the rents, royalties, dues, or duties
reserved shall be in arrear and unpaid for the space
of twenty-one days next after any of the days herein-
before fixed for payment thereof, it shall and may be
lawful for the Commissioner of Mines, or any person
duly authorised by him in that behalf, to enter upon
the premises hereby demised, and to seize the machin-
ery, tools, buildings, or other property of the said
lessee for the time being in, under, or upon any part
of the premises hereby demised, for or in respect of
any such rents, royalties, dues, or duties which ought
to have been paid to the lessor or any person duly
authorised to receive the same. The right of seizure
conferred upon the Commissioner of Mines hereunder
shall constitute a right preferential to that of any
creditors, whether secured or not.
(c) The said lessee shall at all times during. the
continuance of this lease furnish true and ‘accurate
Re-survey not
required.
Mining and mineral
leases, conditions of.
428
Laws of the Uganda Protectorate. [CHap. 26.
half-yearly returns in the form of Schedule (K) here-
unto annexed, and certify to the same on oath to the
Commissioner of Mines, or other officer duly author-
ised in that behalf, of the average number of men on
or about the mines and premises hereby leased, and
shall from time to time, whenever so required, furnish
a true and accurate account, certified as aforesaid, of
the amount at such date expended. The said lessee
shall at all times during the continuance of his lease,
after the first six months,employ in or about the
mines and premises leased, a number of men sufficient
to ensure the efficient mining of the land leased.
(d) If the said lessee shall for four months dis-
continue the bond fide mining on the said land hereby
leased to him, it shall and may be lawful for the said
lessor, or any person duly appointed by him in that
behalf, to enter into and upon the land and premises
hereby leased, and thereby determine the estate of the
said lessee therein.
(e) The lessee of any mineral lease granted for
coal-mining purposes shall, within six months of the
date of such lease, and thereafter during the whole of
the term thereof, continue bond fide mining on the
said land thereby leased, and shall expend in such
mining not less a sum than 40 rupees per acre per
annum; he shall also furnish quarterly a return,
duly certified, of the coal extracted and won from such
land to the Commissioner of Mines, or other officer
duly authorised to receive the same.
(f) In case the said lessee shall fail or neglect to
‘perform and keep all and every of the covenants, con-
ditions, or provisions and agreements hereinbefore
contained or implied by virtue of “ The Uganda Min-
ing Regulations, 1902,” or of any Rules made there-
under, it shall and may be lawful for the said lessor or
any person duly appointed in that behalf, forthwith,
or at any time or times thereafter, to enter into and
upon the land and premises hereby demised, and
thereby determine this lease.
(g) The land shall be worked and mined
efficiently, to the satisfaction of the Commissioner of
Mines, and without interruption.
‘act Sallie se
Cuar. 26.] Mining.
429
* (h) And any such lease which shall be granted
shall be in such form, and shall contain such coven-
ants, conditions, reservations, and exceptions as the
Commissioner of Mines in each case shall approve or
direct, having regard to these Rules and any special
case arising thereunder.
(7) The lessee shall permit the Commissioner of
Mines, or any person duly authorised on his behalf,
to enter upon any land so leased, or into any mine or
building thereon, at all times, and in any manner, for
the purpose of making any inspection or examination
he may desire to make, and the said lessee shall carry
out and observe every reasonable direction the said
Commissioner may give for the safe working of
mining operations on such property.
(7) The lessee shall be bound to observe and per-
form all and singular the Rules that may from time to
time be made by the Commissioner under the said
Regulations to enforce the safe and proper working
of mines and other matters and things therein
referred to.
41. The Commissioner of Mines upon receipt of
notice from the holder of a mining or mineral lease
of his desire to mine for any mineral or metal other
than that named in the lease, may, with the written
consent of the Commissioner, grant to such person
licence or authority to mine in, and win from, the
land leased as aforesaid, such other mineral or metal
named in such notice, upon and subject to such terms,
conditions and limitations as the Commissioner may
in each case see fit to impose.
42. Applications for leases of land for the pur-
pose of mill or machine sites, may be granted only
to persons holding mining or mineral leases, or to
owners of diggers’ claims on a public field.
_ 43. The site applied for shall not exceed 5 acres
in extent, and must be beaconed off by the applicant,
and a copy of the application shall be posted by him
in some conspicuous place on the land, and a notice of
such application shall be published in the Gazette
by the Commissioner of Mines at the expense of the
Mining for other
mineral or metal
than that named in
original lease.
Leases for mill or
machine sites, to
whom granted,
Extent of lease,
pode of application,
C.
430
Laws of the Uganda Protectorate. [CHap. 26.
Objectors to give
notice.
Hearing of
objections.
Rent and term of
lease.
Survey.
Water rights, mode
of application,
Applications, how
dealt with,
applicant. In the event of such mill or machine'site
being applied for on land already leased to the ap-
plicant for mining purposes, such site shall be taken
as included in the mining lease.
44. Any objections to the granting of such appli-
cations must be made in writing to the Commissioner
of Mines within thirty days of the publication of the
application.
45. The objections, if any, shall be heard on a
day appointed, of which the applicant and objectors
shall have due notice by the Commissioner of Mines,
who shall decide whether such objections are valid or
not. ;
46. If there are no valid objections to the grant-
ing of such application, the Commissioner may grant
a lease of such portion of land applied for for any
term not exceeding twenty-one years; and the Com-
missioner may grant a renewal of the lease from time
to time for a further period of not exceeding twenty-
one years upon the terms and conditions allowed by
law in force in the Protectorate in the case of new
leases at the time when such renewal is granted, for
the purpose of a mill or machine site, and for no other
purpose at a rent of 15 rupees per acre per annum.
Such lease shall contain the usual clause for re-entry.
47. The land applied for shall be properly sur-
veyed and beaconed at the expense of the applicant.
Applications for water rights shall be granted only
to persons holding mining or mineral leases, or to the
owners of diggers’ claims on a public field.
48. Applications for water rights shall be made
in duplicate to the Commissioner of Mines and shall
be accompanied by a sketch plan showing the point
on the river or stream from which it is intended to
lead the water, the course of the water-race, and the
point at which it is intended to return the water to
the river or stream.
49. A copy of such application shall be pub-
lished in the Gazette, and shall be posted by the Com-
missioner of Mines during thirty days at the office
of the Mines Department of the district in which the
Cuap. 26.] Mining.
431
water right is applied for, or should there be no such
office in the district, at the office of the Sub-Com-
missioner of the province concerned.
50. Any objections to the granting of such water
rights shall be made in writing within fourteen days
of the date of the publication of the application to
the Commissioner of Mines.
51. The objections, if any, shall be heard on a
day appointed, of which the applicant and objectors
shall have due notice, by the Commissioner of Mines,
who shall decide whether such objections are valid or
not.
52. If there be no valid objections to the grant-
ing of such application, the Commissioner of Mines
may grant the application, the licence for which shall
be 50 rupees per annum.
53. The applicant shall, on the application
being granted, forward in duplicate to the Commis-
sioner of Mines a properly surveyed plan of the
course of the water-race.
54. The Commissioner of Mines shall, if neces-
sary, in the interest of millowners, control and regu-
late the supply of water to every mill.
55. Any person desiring to cut firewood, other
than that required for domestic use, on any private
lands not included in any public field, must enter into
an agreement with the owner.
56. Licences to be in possession of and to deal
in native gold, shall be issued by the Commissioner
of Mines, who shall have absolute discretion to grant
or refuse any such licence; and every such licence
shall expire on the 31st day of December next follow-
ing the day of its issue.
_ 57.eThere shall be paid to the Commissioner of
Mines upon each licence a fee of 100 rupees repre-
sented by a revenue or postal stamp of that value
-affixed to the same.
®See Rule of the 8rd July, 1908, under The Uganda Stamp Ordinance,
1903, ante, page 254. ae
Objectors to give
notice.
Hearing of
objections,
Licence to be paid.
Survey.
Commissioner of
Mines to regulate
supply of water.
Licences for wood-
cutting on private
lands,
Ticences to deal in
native gold,
Fee for licences to
deal in native gold.
432
Laws of the Uganda Protectorate. [CHap. 26,
Native gold
purchased, record
to be kept.
Penalty clause.
Rule 2.
58. Bankers and other persons licensed to deal
in native gold shall keep a faithful record of their
purchases, setting forth the name of the seller, quan-
tity bought, and date of transaction, and shall for-
ward to the Commissioner of Mines a copy of such
record on the 30th June and 31st December of each
year.
59. Any person contravening any of the above
Rules shall, upon conviction, be punished by a fine not
exceeding 200 rupees, or by imprisonment, with or
without hard labour, for a period not exceeding three
months, or by both such fine and such imprisonment,
and also by imprisonment in default of payment of
fine imposed.
60. These rules may be cited as “The General
Mining Rules, 1902.”
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
17TH APRIL, 1902.
Approved :
LANSDOWNE,
His Majesty's Principal Secretary of
State for Foreign Affairs.
SCHEDULE A.
Prospecting Licence for Crown Lands.
Prospecting licence is hereby granted to
to prospect and search for gold, silver, precious
stones, ores, metals, coals, and other minerals on
Crown lands, subject to the provisions of “The
Uganda Mining Regulations, 1902,” during the
period from Lote ,19 , for
which licence he has paid in advance the sum of
rupees for months. a
(Signed)
Commissioner of Mines.
[Or other officer as the case may be.]
[ Date, &c. ]
Cuap. 26.] Mining.
43°
9
SCHEDULE (B).
Prospecting Licence for Private Lands.
Prospecting licence is hereby granted to
to prospect and search for gold, silver, precious
stones, ores, metals, coal, and other minerals on
subject to the provisions of “ The Uganda Mining
Regulations, 1902,” during the period from
pO cht 19 , for which licence
he has paid in advance the sum of rupees for
months.
(Szgned)
Commissioner of Mines.
[ Or other officer as the case may be. |
SCHEDULE (C).
Bond.
Before me, Commissioner of Mines [or
other officer |, for , on the day of
, 19 , residing at , acknowledges
himself to be indebted to our Sovereign Lord the
King in the sum of 250 rupees, and severally
acknowledge themselves to be indebted to our said
Sovereign Lord the King in the sum of 125 rupees
to be levied upon their and each of their goods and
lands, upon condition that the said shall
make due and proper repair of any surface damage
done by him on any land upon which he shall have
obtained a licence to prospect, and for the due pay-
ment of the sum accruing to any owner from the said
on account of the daily payments of the said
is required to make under Article 6 of “ The
Uganda Mining Regulations, 1902,” for the grazing
wood, and water rights referred to therein,
28
Rule 2, 3, da.
Rule 3.
434
Laws of the Uganda Protectorate. [Cuap. 26,
Rule 16.
Rule 18,
SCHEDULE (D).
Application for Mining or Mineral Lease.
To the Commissioner of Mines [ Place |
Sir, | Date. ] gl x
I hereby apply for a lease for the
purpose of mining for of the lands here-
inafter described in accordance with “ The Uganda
Mining Regulations, 1902,” and the Rules made
under those Regulations, and I agree, upon the
approval of this application, to execute a lease upon
the basis therein stated, if the Government shall
think fit to grant the same.
Name and address of applicant :
Extent of land applied for :
Precise locality :
Term for which lease is required :
(Signature of applicant.)
The above application, and any objection there-
to, will be heard at the office of the Sub-Commis-
sioner at on the day of ;
19: ‘
Any person desiring to object to the issue of a
lease upon the above application must, on or before
the day of , enter his objection in
writing at the office of the Sub-Commissioner at
(Segned) |
Sub-Commissioner.
SCHEDULE (E).
Public Notification.
In conformity with the Rules made under “ The
Uganda Mining Regulations, 1902,” for the granting
of mining and mineral leases, it is hereby notified
that application has been made by for the
issue of a lease for the purpose of mining for
Cuap. 26.] Mining.
of the following lands, viz., and that
objections to the granting of such lease, stating the
grounds of objection, must be made in writing and
lodged with the Sub-Commissioner at on
or before the day of
Copy of the application made and plans annexed
may be seen at the office of the Sub-Commissioner.
(Signed)
Commissioner of Mines.
Dated
SCHEDULE (F).
Certificate.
(Not transferable.)
Sub-Commissioner’s Office, 19
Whereas the application of fora
lease of , situated at , was heard
before me on ,19~—C«;
This is to certify that no valid objections were
upheld at such hearing why a lease of acres,
roods, perches, should not be granted
by the Commissioner.
(Szqgned)
Sub-Commissioner.
SCHEDULE (G).
Notice.
Under the Rules framed under Article 61 of
“The Uganda Mining Regulations, 1902.”
To Mr. .
Take notice that unless you attend personally or
by attorney at my office at within thirty
days from the service of this notice, and execute lease
No. , issued in your favour under The General
Mining Rules, the said lease will be cancelled.
(Signed)
Commissioner of Mines.
Office of Commissioner of Mines,
, 19
284
Rie 25,
Rule 27.
436 Laws of the Uganda Protectorate. [Cuap. 26,
Certificate of Service of Notice.
I, messenger of the Court of
, do hereby certify that I have served
, mentioned in the within notice,
with a copy thereof on the day of ,19
| Here state the mode of service. ]
at
(Signature.)
Rule 34,
SCHEDULE (I).
Form of Application for Cancellation of Lease.
To the Commissioner of Mines,
T hereby make application for the cancellation of
, lease No. , originally granted
, and now being occupied by
, upon the following grounds :—
{ Here state grounds specifically. |
Dated at , this day of , 19
(Signature.)
to
SCHEDULE (J).
Form of Notice to Lessee.
The above application will be heard at
on the day of ,19 , at the hour of
, and you are hereby required then and
there to appear in answer thereto, and to produce the
lease above referred to.
(Signed)
Sub-Commissioner.
Cuap. 26.] Mining.
437
SCHEDULE (K).
To the Commissioner of Mines.
In the matter of lease of lands situated at
, being lease No. ra ;
being the lessee in the above-mentioned lease, do here-
by make oath and say :—
1. That the average number of men employed on
the leased ground and in connection therewith, from
the day of ,19 , tothe day of
gOS. ag has been
2. That the amount of capital expended from
, 19 , to date in and upon and in con-
nection with the leased ground, as above, is
rupees.
Sworn before me at , this day
of , 19
No. 7 of 1902.°
SAFE MINING.
1. An adequate amount of ventilation shall be
produced in every mine, so as to render every part of
that mine in which working is taking place fit for
working and passing therein.
_ 2, Safety lamps shall be used in every coal
mine in which inflammable gas has been found to
exist within the preceding twelve months.
3. In every coal mine in which inflammable gas
has been found to exist within the preceding twelve
months, then once in every twenty-four hours the
manager of the mine, or a competent person appointed
by him, shall, before the work is commenced in any
part of the mine, inspect with a safety lamp that part
* See note 3, page 419.
Ventilation,
Use of safety lamps.
Inflammable gas,
438
Laws of the Uganda Protectorate. [CHap. 26,
Disused workings
to be fenced.
Unauthorised
persons prohibited
from entering
mines.
Precautions to be
taken in case of
discover) of gas.
Kxamination of
safety lamps.
of the mine, and shall make a true report of the con-
ditions thereof in a book to be kept for the purpose,
which report shall be signed by the person making
the inspection.
Such book shall at all times be open to inspection
by the Commissioner of Mines or other officer
appointed by the Commissioner for the purpose.
4. Allentrances to any place not in actual course
of working and extension shall be properly fenced
across the whole width of such entrances, so as to pre-
vent persons inadvertently entering the same.
5. No person except the Inspector of Mines shall
enter any mine unless authorised to do so by the
manager or competent person deputed by him.
6. If at any time it is found by the person for the
time being in charge of the mine or any part thereof,
that, by reason of noxious gases prevailing in such
mine or such part thereof, or from any cause what-
ever, that the mine or the said part is dangerous,
every workman shall be withdrawn from the mine or
of such part thereof as is so found dangerous, and a
competent person, who shall be appointed for the pur-
pose, shall inspect the mine or such part thereof as is
so found dangerous, and if the danger arises from
inflammable gas shall inspect the same with a locked
safety lamp, and in every case shall make a true
report of the condition of such mine or part thereof,
and the workmen shall not, except in so far as is neces-
sary for’ inquiring into the cause of the danger,
or for the removal thereof, or for exploration, be re-
admitted into the mine or such part thereof as was so
found dangerous, until the same is stated in such
report not to be dangerous.
Every such report shall be recorded in a book,
which shall be kept at the mine for the purpose, and
shall be signed by the person making the same.
7. In every coal mine where safety lamps have
to be employed, a competent person shall be appointed
by the person in charge of the mine, whose duty 1t
shall be to see and examine every lamp taken into the
mine. He shall see that it is secure and securely
locked. No person shall, unless appointed for the
Cap. 26. ] Mining.
439
purpose, have in his possession any key or contri-
vance for opening the lock of any such lamp, or lucifer
match, or any kind of apparatus for striking a light.
Wherever safety lamps are required or directed io
be used, no person shall use any open lamp.
8.. Gunpowder or other explosive or inflammable
substance shall only be used in the mine underground
as follows :—
(a) It shall not be stored in the mine.
_ (8) It shall not be taken into the mine except
In a case or canister containing not more than 4 lbs.
(c) A workman shall not have in use.at one time,
in any one place, more than one of such cases or
canisters.
(d) In charging holes for blasting, an iron or
steel pricker shall not be used, and a person shall not
have in his possession in the mine underground any
iron or steel pricker, and an iron or steel tamping rod
or stemmer shall not be used for ramming either the
wadding or the first part of the tamping or stemming
on the powder.
(e) A charge of powder which has missed fire
shall not be unrammed.
(f) It shall not be taken into or be in the posses-
sion of any person in any mine except in cartridges,
and shall not be used except in accordance with the
following Rules during three months after any
inflammable gas has been found in any such mine,
viz. :—
(1) A competent person who shall be appointed
for the purpose shall, immediately before firing the
shot, examine the place where it is to be used and the
place contiguous thereto, and shall not allow the shot
to be fired unless he finds it safe to do so, and a shot
shall not be fired except by or under the direction of
a competent person who shall be appointed for the
purpose.
(2) If the said inflammable gas issued so freely
that it showed a blue cap on the flame of the safety |
lamp, it shall only be used—
(a) Either in those cases of stone drifts, stone
work, and sinking of shafts in which the ventilation
Explosives, proper
use of,
440
Precautions to be
taken to ascertain if
dangerous accumu-
lation of water in
working.
Signalling in levels,
places of refuge.
Places of refuge on
horse roads.
Places of refuge to
be kept clear.
Laws of the Uganda Protectorate. [Cuap. 26.
is so managed that the return air from the place where
the powder is used passes into the main return air
course, without passing any place in actual course of
working; or
_ (0) When the persons ordinarily employed in the
mine come out of the mine or out of the part of the
mine where it is used.
(c) Where a mine is divided into separate panels
in such manner that each panel has an independent
intake and return airway from the main air course
and the main return air course, the provisions of this
rule with respect to gunpowder or other explosive in-
flammable substance shall apply to each such panel
in like manner as if it were a separate mine.
9. Where a place is likely to contain a dangerous
accumulation of water, the working approaching such
place shall not exceed 8 feet in width, and there shall
be constantly kept at a sufficient distance, not being
less than 5 yards in advance, at least one borehole near
the centre of the working, and sufficient flank bore-
holes on each side.
10. Every underground plane on which persons
travel, which is self-acting, or worked by an engine,
windlass, or gin, shall be provided (if exceeding
30 yards in length) with some proper means of
signalling between the stopping places and at the
end of the plane, and shall be provided in every case,
at intervals of not more than 20 yards, with sufficient
manholes for places of refuge.
11. Every road on which persons travel under-
ground where the load is drawn by a horse or other
animal shall be provided, at intervals of not more
than 50 yards, with sufficient manholes, or with a
space for a place of refuge, which space shall be
a sufficient length and of at least 3 feet in width
between the waggons running on the tram-road and
the side of such road.
12. Every manhole and space for a place of
refuge shall be constantly kept clear, and no person
shall place anything in a manhole or such place, so as
to prevent access thereto.
Cuap. 26.| Mining.
441.
13. The top of every shaft which for the time
being is out of use, or used only as an air shaft, shall
be securely fenced.
14. The top of all entrances between the top and
bottom of every working or pumping shaft shall be
properly fenced, but this shall not be taken to forbid
the temporary removal of the fence for the purpose
of repairs or other operations if proper precautions
are used.
15. Where the natural strata are not safe, every
working or pumping shaft shall be securely cased,
lined, or otherwise made secure.
16. The roofs and sides of every travelling road
and working place shall be made secure, and a person
shall not, unless appointed for the purpose of explor-
ing or repairing, travel or work in any such travel-
ling road or working place which is not so made
secure.
17. A competent person shall be stationed at the
mouth of every shaft for the purpose of working the
machinery which may be employed in raising or
lowering persons therein during the whole time any
person is below ground.
18. A single-linked chain shall not be used for
lowering or raising persons in any working shaft or
space, except for the short coupling chain attached to
the cage of the load.
19. There shall be on the drum of every machine
used for lowering or raising persons such flanges or
horns, and also, if the drum is conical, such other
appliances as may be sufficient to prevent the rope
from slipping.
20. There shall be attached to every machine
worked by steam, water, or any mechanical power,
and used for lowering or raising persons, an
adequate brake, also a power indicator (in addition
to any mark on the rope which shows to the person
who works the machine the position of the cage or
load in the shaft).
Disused shafts to be
covered in.
Entrance to shafts
to be fenced.
Shaft, security of.
Underground work-
ings, security of
roof, &c.
Winding engine,
competent person to
be in charge of.
Single-linked chain
not to be used for
winding gear.
Winding gear.
Brake.
442
Laws of the Uganda Protectorate. [Cuap. 26.
Exposed machinery
to be fenced.
Boiler regulations.
Inspection of
machinery, &c.
Accidents in mines.
Charge of steam
engines,
Competent manager
to be employed.
Returns to be
furnished to Com-
missioner of Mines,
21. Every flywheel and all exposed and danger-
ous parts of the machinery used in or about the mine
shall be, and shall be kept, securely fenced.
22. Every steam-boiler shall be provided with a
proper steam-gauge and water-gauge, to show res-
pectively the pressure of steam and the height of
water in the boiler with a proper safety-valve.
23. After dangerous gas has been found in any
mine, a barometer or thermometer shall be placed
above the ground in a conspicuous position near the
entrance to the mine.
24. No person shall wilfully damage or, without
proper authority, remove or render useless any fence,
fencing, casing, lining, guide, means of signalling,
signal, over-chain, flange, horn, break, indicator,
steam-gauge, water-gauge, safety-valve, or other ap-
pliance or thing provided in any mine with a view to
compliance with these Rules and Regulations.
25. Once in every week a competent person ap-
pointed for the purpose shall examine the state of
the machinery, headgear, shafts, working place,
levels, planes, ropes, chains, and other works of the
mine which are in actual use, and shall make a true
report of the result of such examination; such report
shall be recorded in a book kept for the purpose, and
shall be open always for inspection by the Commis-
sioner of Mines or other officer deputed by him.
26. Any accident occurring in or about any mine
resulting in injury to the life or limb of any person
shall be at once reported to the Commissioner of
Mines, and a report shall be forwarded setting forth
how the accident occurred, within twenty-four hours.
27. Steam-engines may not be placed in charge
of any person under 18 years of age.
28. Every mine must be under the control and
daily supervision of a thoroughly competent manager.
29. The owner, agent, or manager of a mine is
required to furnish in triplicate to the Commissioner
of Mines, or his duly authorised deputy, all such
CHap. 26.} Mining.
443
returns and statistics of and relating to the work-
ings and operations of the said mine, verified on oath,
if required, at such times and in accordance with
such forms as the Commissioner of Mines may
prescribe. .
30. A correct plan of an abandoned mine must
be sent to the Commissioner of Mines.
31. The registered owners of all mining and min-
eral leases and prospecting areas or ground held for
mining purposes under any other form of holding,
upon which development work exceeding in the
aggregate 500 feet of shafts, winzes, levels, and cross-
cuts has been carried out, may be called upon by the
Commissioner of Mines to employ a surveyor, duly
admitted and licensed to practice in the Protectorate,
once every six months, or oftener if necessary, who
shall prepare in triplicate (two copies may be cloth
tracings), in accordance with technical instructions
issued by the Chief Surveyor, the following plans and
sections of the workings up to date, viz. :—
(1) General plan.
(2) Working plan.
(3) Vertical, longitudinal projections of the
workings on each reef or mineral deposit where the
average inclination is more than 45 degrees.
(4) Longitudinal section on the plane of each
reef, or mineral deposit stopped, where the average
inclination is more than 45 degrees.
(5) Transverse sections at right angles to the
longitudinal projection.
The original to be kept on the mine, and the
tracings to be supplied to the Commissioner of Mines,
who shall forward one of them to the Chief Surveyor
for verification in the usual way.
In the event of returns of tonnage of ore or coal
extracted, and of ore or coal in reserve, which may
appear inaccurate to the Commissioner of Mines, the
owners of all mining properties may be called upon
to tender a statement prepared by the surveyor em-
ployed, as to the said tonnage, based upon the survey
of the mine, at the expense of the owner, to the satis-
faction of the Commissioner of Mines.
Plan of abandoned
mines,
Working plans.
444
Laws of the Uganda Protectorate. [Cuap. 26,
Notice of new
workings or discon-
tinuance of work-
ings to be furnished
to the Commis-
sioner of Mines.
Powers of inspec-
tion of Commis-
sioner of Mines or
other officer.
The surveyor is to report opposite to each
instruction whether he has carried it out or not, and
if he has not carried it out to give his reasons.
32. In any of the following cases, namely :—
(a) Where any working is commenced for the
purpose of opening a new mine, or a new shaft, or a
seam of any mine;
(b) Where a shaft or seam of any mine is
abandoned or the working thereof discontinued ;
(c) Where the working of a shaft or a seam
of any mine is recommenced after any abandonment,
or discontinuance for a period exceeding two
months; or
(ad) Where any change occurs in the name of any
mine or in the name of the owner, agent, or manager
of any mine, or the principal officers of any incorpora-
ted company which is the owner of a mine; the owner,
agent, or manager of the mine shall give notice thereof
in writing to the Commissioner of Mines, within two
months after the commencement, abandonment, dis-
continuance, recommencement or change, and if such
notice is not given, the owner, agent, and manager,
shall be liable for failing to give such notice.
33. The Commissioner of Mines or other officer
appointed as inspector for the purpose, shall have
power to do all or any of the following things
namely :—
(2) To make, or cause to be made, such inquiry
and examination as he may consider necessary to
ascertain whether the provisions of these Rules are
duly complied with.
(b) To enter, inspect, and examine any mine,
and every part thereof and any fence, fencing, casing,
lining, guide, means of signalling, signal, cover,
chain, flange, horn, brake, indicator, steam-gauge,
water-gauge, safety-valve, or other appliance or
things provided in any mine, or any machinery or
plant used in connection with such mine, and any
mining area, at all reasonable times by day and night,
but so as not to impede or obstruct the working of the
mine.
(c) To examine into and make inquiry respecting
the state and condition of any mine, or any part
Cap. 26.] Mining.
445
thereof, and the ventilation of the mine, and the
sufficiency of the special Rules for the time being in
force in the mine, and all matters and things con-
nected with or relating to the safety of persons em-
ployed in or about the mine, or any mine contiguous
thereto, or in any mining area, or the care and treat-
ment of the horses and other animals employed in the
mine or mining area.
(d) To exercise such other powers as may be
necessary for carrying these Rules into effect.
34. Every person who wilfully obstructs the
Commissioner ot Mines, or other officer appointed as
an Inspector, in the execution of his duty under these
Rules, and every owner, agent, and manager of a
mine who refuses or neglects to furnish to the Inspec-
tor the mens and assistance necessary for making an
entry, inspection, examination or inquiry under these
Rules in relation to the mine or mining area, shall be
guilty of an offence against these Rules.
35. If in any respect (which is not provided
against by any express provision of these Rules or
by any special Rule) the Inspector finds any mine or
any part thereof, or any fence, fencing, casing, min-
ing, guide, means of signalling, signal, cover, chain,
flange, horn, brake, indicator, steam-gauge, water-
gauge, safety-valve, or other appliance or thing pro-
vided in any mine, or any matter, thing, or practice,
in or connected with any such mine, or mining area,
or with the control, management, or direction thereof,
by the manager to be dangerous or defective, so as, in
his opinion, to threaten or tend to the bodily injury
of any person, he may give notice in writing thereof,
to the owner, agent, or manager of the mine, and shall
state in the notice the particulars in which he may
consider the mine, or any part thereof, or any matter,
thing, or practice to be dangerous, and require the
same to be remedied forthwith, and it shall be the
duty of the owner, agent, or manager to carry out
such orders, but such notice shall not absolve such
owner, agent or manager for liability to prosecution
for contravening any of these Rules.
°
36. No person shall be precluded by any agree-
ment from doing, or be liable under any contract to
any penalty or forfeiture for doing, such acts as may
be necessary in order to comply with the provisions of
these Rules.
Offences against
Rules.
Liability of owners,
agents, managers,
&e,
Contractors not
exempt from provi-
sions of these Rules.
446 Laws of the Uganda Protectorate. [CHap,. 26.
Turiatiction of Com- 37. The powers of the Commissioner of Mines
or other officer. or other officer appointed as Inspector, shall extend
over the whole ot the mining area of the digging or
mine to which he may be appointed, in so far only as
the general safety of life and limb is concerned.
38. Any person found guilty of contravening any
of these Rules shall be liable on conviction thereof to
pay a penalty not exceeding 500 rupees. _
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
17TH Apri, 1902.
Approved : F
LANSDOWNE,
His Britannic Majesty's Principal
Secretary of State for Foreign Affairs.
ERRATA.
Minine Recurations, No. 5 oF 1902.
Section 23: For ‘“‘shall continue to pay in advance monthly the 10
rupees ..’’ read: ‘‘ shall continue to pay in advance monthly the 20 rupees.”
GENERAL Minine Ruies, No. 6 or 1902.
Rute 4 B.—For ‘“‘ Rs. 1’’ read ‘‘ 8 annas.”’
Rute 26.—For ‘‘ Rule 24’’ read ‘‘ Rule 25.’’
RuzE,30.—For ‘‘ Rule 30”’ read ‘‘ Rule 25.’’
ENTEBBE, J. HAYES SADLER,
26TH Marcu, 1903. H.M. Commissioner.
NOTICE.
Unpir Tue GENERAL Minine Rvutss, 1902.
I hereby authorise the District Commissioner, Nimule, to issue prospecting
licences under The Uganda Mining Regulations and Rules, 1902.
ENTEBBE, H. HESKETH BELL,
277 NovemsBer, 1908, Governor.
Cuap. ie Forests. 447
CHAPTER XXVIII.
Forests.?
No. 6 of 1903. The Forestry Ordinance, 1903.
No. 8 of 1905. The Forestry (Amendment) Ordinance, 1905.
No. 6 of 1903.
PROTECTION OF FORESTS.
It is hereby enacted as follows :—
1. The Commissioner is hereby authorised to make Rules and
to fix a scale of charges for the cutting or removal of any forest
produce on, and for the protection of forests on, Crown lands in the
Uganda Protectorate.
2. No person shall cut or remove any tree, bush, plant, or
any part or produce thereof from any Crown lands except under the
conditions set forth in the Rules hereunder.
3. Until the Commissioner shall publish new Rules under
this Ordinance, “ The Forestry Regulations, 1900,” and the
schedule thereto shall be deemed to be rules made by the Com-
missioner hereunder with respect to the cutting and removal of
timber and the protection of forests. ,
4, Any infringement of this Ordinance or of the Rules there-
under shall be deemed an offence against this Ordinance, and shall
be punishable with imprisonment of either kind not exceeding
three months, or fine not exceeding 2,000 rupees, or both, and, in
addition, to forfeiture of any goods, receptacles, or things in, rela-
tion to which, or the contents of which, any breach is committed.
5. “ The Forestry Regulations, 1900,” are hereby repealed.
6. This Ordinance may be cited as “ The Forestry Ordinance,
1903.”
J. HAYES SADLER,
ENTEBBE, UGANDA, His Majesty's Commissioner.
20TH May, 1903.
1 As to forests in Buganda, see Clause 16 of The Uganda Agreement, 1900, and The Uganda
Memorandum of Agreement (Forest), 1907, Appendix B. As to forests in Toro and Ankole, see
Clause 4 in both The Toro and Ankole Agreements, Appendix B,
448 Laws of the Uganda Protectorate. [Cuap. 27.
No. 8 of 1905.
FORESTRY.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Forestry (Amend-
ment) Ordinance, 1905.”
2. Nothing in The Forestry Ordinance, 1963, shall be construed
as preventing the Commissioner from authorising any person to
cut or remove any tree, bush, plant, or any part or produce thereof
from any Crown Lands, on such terms as may seem proper, or from
selling or leasing any Crown Lands with such forest rights and
on such terms and conditions as may be expressed in the grant or
lease, and any lands so sold or leased shall not be subject to The
Forestry Ordinance, 1903.
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
29TH AvGusT, 1905.
RULES?
Unver Tue Forestry Orpinance, 1903.
Russer. ?
1. Applications for permission to collect rubber from the Government forests
should be made to the Commissioner direct, or through the Collector of the district
in which the applicant desires to collect.
2. The application should state the name of the forest, if possible, in which
it is desired to collect rubber, and its approximate area and situation.
3. Permits to collect rubber may be issued by the Commissioner on the
following terms and conditions :—
(a) That the area over which the permit is granted shall generally not
be less than 100 acres or more than 30 square miles.
(6) That the period for which the permit is granted shall not be less
than three years or more than five years.
(c) That the holder of the permit shall duly pay in advance the prescribed
fee.
* Published in the Gazette, 15th June, 1908.
° As to the collection of root-rubber, the extraction of rubber from boiled bark, and the sale and
export of ball rubber, see The Adulteration of Produce Regulations, 1901, page 560
Cuap. 27.] Forests. 8 od 449
(d) That the holder of the permit will not assign, except by will, his
rights under the permit without the previous sanction of the Commissioner.
(e) That the holder of. the permit shali plant such number of rubber
vines, and at such times as may be specified in the permit, and in such
localities as may be approved by the Collector of the district.
(f) That the holder of the permit, his servants or agents, shall tap the
vines in a manner approved by the Commissioner, and shall not cut them
through or otherwise destroy the vines.
(g) That the holder of the permit will not interfere with the settlements
or villages of the natives or with land allotted for native settlements or
villages, or native rights, if any, to cut timber and collect forest produce, ctc.,
and will avoid all quarrels with the natives in or near the area over which
the permit to collect is granted.
(A) That the permit grants no rights to the holder thereof except the
right to collect rubber as aforesaid in the specified areas.
(2) That on an infringement of any of these conditions the permit may be
forfeited and the holder be liable to the penalties provided in the Ordinance.
4. The fee payable on every permit to collect rubber issued under these rules
shall be fixed by the Commissioner, but shall ordinarily not exceed for every
square mile, or part thereof, 150 rupees per annum.
5. The permit shall be issued in the form attached to these rules.'
TIMBER AND GENERAL ForESTRY RULES.
1. Applications for permission to cut and remove timber or other forest
produce, to which no special rules apply, from the Crown lands in the Uganda
Protectorate should be made to the Collector of the district in which the land from
which it is desired to remove the produce is situate.
2. The application should clearly state the class of produce for which the
permit is required, the locality, the proposed method of collection, and, as far as
possible, the quantity, and the application should be supplemented with any other
details that the Collector may in any particular instance require or deem necessary.
3. The application should ordinarily be made in writing.
4, Permits may be issued by the Collector upon the following terms and
conditions : —
(a) That the holder of the permit shall pay the prescribed fee, and, if so
required by the Collector, in advance.
_ (0) That the period for which the permit is granted shall ordinarily not
exceed six months. ’
_ (¢) That the area in cases where it is necessary to fix an area shall ordin-
arily not exceed 30 square miles.
__ (d) That the holder of the permit shall not assign, except by will, his
rights under the permit without the previous sanction of the Commissioner.:
‘The form of permit attached to these rules was cancelled and additional rules added b
the 23rd February, 1905, following. eee Tees
29
450 Laws of the Uganda Protectorate. (Cuar. 27,
(e) That the holder of the permit shall conform to such special condition
as may be required by the Collector and mentioned in the permit.
(f) That the holder of the permit will not interfere with the settlements
or villages of the natives or with the land allotted for native settlements or
villages, or native rights, if any, to cut timber or collect forest produce, etc.,
and will avoid all quarrels with the natives in or near the area over which the
permit is granted.
(g) That the holder of the permit cut or collect the produce at his own
cost.
(h) That the holder of the permit shall cease to have any rights over any
produce collected, but not removed within one month of the date of expiry of
‘the permit.
(i) That the permit grants no rights to the holder thereof except as
mentioned in the permit or implied by law.
(j) That on an infringement of any of these conditions the permit may be
forfeited and the holder be liable to the penalties provided in the Ordinance.
5. The following fees shall be payable on the permit to cut or remove the
under-mentioned produce of forests on the Crown lands of the Uganda Protec-
torate. (For fees, see Rules 4th May, 1907, page 452.)
6. The permit shall be issued in the form following or to that effect :—
UGANDA PROTECTORATE. UGANDA PROTECTORATE,
Permit.
(Issued under The Forestry Ordinance, 1908, and
Permit.
(Issued under The Forestry Ordinance, 1908, and
The Timber and General Forestry Rules therennder.)
Date of Expiry... eee cece ee
Date Of 1sSuess.csetsas saacca teleeen qaasavcd sewn
Collector.
The Timber and General Forestry Rules thereunder.)
is hereby authorised subject to the terms
and conditions of The Forestry Ordinance,
1903, and Rules thereunder................
GO oc see cceses sce ceesenensrscceenaenanssbeneneseees
Peete m emcee neon sett tee asee ene neerenersvenene ses see
day OL waisiidag sie seans®
Dated at............cc000 THIS vcsccvrss annex
day Of ,........s.ceeeeee 19
Collector.
7. No-person shall set fire to any forest, grass, or undergrowth on any Crown
lands except with the permission of the Collector.
ENTEBBE, SA
2np Decemser, 1903.
J. HAYES SADLER,
H.M. Commissioner
Caap. 27.] Forests. 451
RUBBER.
1. The following Rules shall be read as one with The Rubber Rules published
on the 15th June, 1903.
2. The Commissioner may attach such further conditions to the issue of any
permit to collect rubber as he may deem fit, and such conditions shall be specified
in the permit.
3. The period for which the permit is granted may be extended in the
discretion of the Commissioner to ten years.
4. The form attached to the said Rules of 1903 is hereby cancelled and the
permit shall be issued in the form, or to the effect, following :—
t
FORM OF PERMIT.
UGANDA PROTECTORATE.
Permit to Cottect RussBer.
(Issued under The Forestry Ordinance, 1903, and Rules thereunder.)
OC
is hereby permitted to collect rubber over
situate at
Ce ee
SNe RR Ae COin Om oer ae Ai eie Sw RLE eS: FIOM: pLai a 9)\6: aio: Bieta thie! ale” ROUEN (TW € WLS RIES CIS Sie Sere Wile 15s 8 06) Hig avec le> a eew ielace’o: 6-0 erublw'wiee Sinse wie aie ete
PR SURG fa aes pers (ORS, Ba / 8) Sais! Bi Za SAN ade Sela SRN SS Hew wale vetie oN Nye einlie a ik: Byam ia pana a7 gte'aut a coils oe stile quale tetaetenalie Hea tere.
subject as hereinbelow mentioned, and to the terms and conditions of The Forestry
Ordinance, 1903, and Rules thereunder.
19 to
ery
per square mile.
Dated this........00004. LOY OF oe sui harp dks oa ics align Whip quuletaeaoeaing oa TD ing
His Majesty’s Commissioner.
ENTEBBE, GEORGE WILSON,
23RD Frpruary, 1905. Acting Commissioner.
294
452 Laws of the Uganda Protectorate. [Cuap. 27,
Forest Propuce FEgs.
1. These rules may be cited as ‘‘ The Forest Produce Fees Rules, 1907.”
2. The fees payable under Section 5 of The Timber and General Forestry Rules
dated 2nd December, 1903, and under the Rules dated 1st June, 1904, are hereby
cancelled as from the Ist J une, 1907, and thereafter the following fees shall be
payable on the permit to cut or remove the under-mentioned produce of forests
on the Crown lands of the Uganda Protectorate :—
(1) For posts and poles :—
(a) Up to 10 feet in length and 5 inches in diameter ... 2 annas each.
(6) Exceeding either of the above and ss to 15 feet Tong
or 6 inches in diameter ae 4 annas each.
(c) Exceeding either of the above and oe to 20 feet iene
or 94 inches in diameter... 6 annas each.
(d) Makindu poles ... 5 annas each.
(These are not to be cut ‘of a length less than 15 feet. )
(e) Rafters (Kambomoyos) a si is ... 2 annas each.
(2) For trees :—
(a) Trees measured at 4 feet 6 inches from the ground,
such measurements to be taken on the lower side
on sloping ground es foot in girth (or fraction
thereof) see : way sd .. Lrupee.
(6) Nsambya and Mvuli trees measured at 4 feet 6 inches
from the ground, such measurements to be taken
on the lower side on sloping ground per foot in
girth (or fraction thereof) sits oa ... 1} rupees.
(Nsambya trees are not to be cut under 34 feet in girth.)
(3) Logs or fallen or hollow trees to be sold at rates to be
fixed in each special case by the Collector of the district.
(4) For bamboos per hundred ... aa ek se ... Lrupee.
(5) For wattles per load ... ain an ie ae ... Lanna.
(6) Firewood for steamers or machinery per cubic yard ... 4 annas.
(7) Bark per load of 50 lbs. or under ... di is .. 2annas.
(8) Confiscated firewood or other forest produce to be sold at
rates to be fixed in each special case by the.
Collector of the district, or by public auction.
Lxemption.—Natives of the Protectorate requiring any forest produce for
domestic purposes (i.e., for their own use and not for sale) shall be exempted from
the above payment.
ENTEBBE, ~ GEORGE WILSON,
47H May, 1907. Acting Commissioner.
eo
Cuap. 28.] Plants. 45
CHAPTER XXVIII
PLANTS.
No. 2 of 1908. The Importation of Plants Ordinance, 1908.
No. 5 of 1908, The Uganda Cotton Ordinance, 1908,
No. 2 of 1908.
FUMIGATION OF IMPORTED PLANTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as“ The Impor- \ gnorttitt.
tation of Plants Ordinance, 1908.”
2. In this Ordinance the expressions hereinafter Interprotation of
mentioned shall have the meanings respectively
assigned to them as follows :—-
(a) “ Plants ” includes growing plants, cut-
tings, buds, and grafts, bulbs, roots and seeds,
and also fruit and vegetables intended for pro-
pagation and not for consumption as food.
(5) “ Packages ” includes boxes, coverings,
wrappers or anything whatever in which plants
are imported.
(c) “ Port or place of entry ” means any
port or place in the Protectorate appointed by
the Governor for the importation of plants.
(d) “ Fumigating station ” means any port
or place of entry at which there is a fumigating
apparatus.
(e) “ Botanical authority ” means the officer
in charge of the Botanical Department and in-
cludes every person acting in his aid or under
his direction.
(7) “ Imported ” means brought into the
Protectorate by any channel whatsoever.
454
Laws of the Uganda Protectorate. [Cuap. 28.
Port of entry.
Plants imported to
be fumigated.
Place for importa-
tion.
Fumigating
stations.
Process of fumiga-
tion.
Importation at port
or place of entry
which is a fumi-
gating station.
Importation at port
or place of entry
which is not a fumi-
gating station.
Removal of plants
after fumigation.
(g) “ Importer ” includes the owner and his
agents and servants.
3. The Governor may by Proclamation appoint
one or more ports or places as ports or places ot entry
for the importation of plants.
4. Plants imported into the Protectorate,
together with the packages in which they are con-
tained, shall, subject to the discretion of the botanical
authority, be fumigated.
5. Plants shall not be imported elsewhere than
at a port or place of entry.
_, 6. Suitable apparatus shall be provided at one
or more ports or places of entry, and such apparatus
shall be under the care, control and management of
the botanical authority.
7. The process of fumigation shall be carried out
in such manner and under such conditions as the
botanical authority may consider adequate for the
destruction of any vegetable or insect pests which
may possibly be on such plants, subject to any rules
or regulations made by the Governor in that behalf.
8. Plants imported at a port or place of entry
which is a fumigating station shall (unless Section 11
shall apply thereto) be delivered up by the importer
to the proper Customs officer who shall cause them to
be conveyed to the place of fumigation, there to be
dealt with by the botanical authority.
9. Plants imported at a port or place of entry
which is not a fumigating station shall (unless Section
11 shall apply thereto) be forthwith conveyed by the
importer, subject to such precautions and restrictions
as the Governor may by rules prescribe to the place of
fumigating at a fumigating station, there to be dealt
with by the botanical authority.
10. Plants imported shall (unless Section 11
shall apply thereto) be removed by the owner from the
place of fumigation after disinfection immediately
upon his being required to do so by the botanical
authority.
Cuap. 28. | Plants.
455
11. In the case of packages arriving by post
which are declared to contain plants the post-office
shall deliver the same to the botanical authority at
a fumigating station, and after fumigation the
botanical authority shall re-deliver the same at the
post-office and the same shall be forwarded without
further postal charge to the addressee.
12. The botanical authority may require the im-
porter to keep him informed as to the disposal of any
plants after fumigation, and may visit and examine
them at any time if necessary.
13. No liability shall be incurred by the Gov-
ernor in respect of any damage or loss caused by
fumigation.
14. The Governor may make rules providing for
the passage of plants through the Protectorate in
transit without fumigation and without passing
through a port or place of entry, and generally for
more effectually carrying the provisions of this Ordi-
nance into effect, and may by notice from time to time
fix such reasonable fees or charges as he may think
fit in respect to the conveyance to or removal from
a place of fumigation and the fumigation of any
plants or in respect to any matter contained in this
Ordinance or any rules made thereunder.
15. Any person who commits a breach of this
Ordinance shall be liable to a fine not exceeding one
thousand rupees or imprisonment of either descrip-
tion not exceeding two months or to both. And
the Governor may fix such penalties for the
breach of any rule made hereunder as he may
think proper not exceeding the foregoing penal-
ties, and where no penalty is imposed by the rules,
the breach or non-observance of any rule shall be
punishable to the extent aforesaid. Any plants im-
ported contrary to the provisions of this Ordinance or
any rules made thereunder and the packages con-
taining such plants shall be liable to be forfeited and
may be dealt with as the Governor shall seem fit,
H. HESKETH BELL,
Governor.
ENTEBBE,
14TH Freprvary, 1908.
Importation by
post.
Disposal of plants
after fumigation.
Liability of
Governor.
Rules, fees and
charges may be
made and fixed by
Governor.
Penalties.
456
Laws of the Uganda Protectorate. [CHap. 28,
PROCLAMATION.
Unver THE Importation or Piants Orpinance, 1908.
I hereby appoint Entebbe to be a port of entry for the importation of plants
under the above-mentioned Ordinance.
ENTEBBE,
H. HESKETH BELL,
27TH Marcu, 1908. Governor.
Mode of citation.
Governor may make
rules.
No. 5 of 1908.
COTTON.'
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Uganda
Cotton Ordinance, 1908.”
2. The Governor may make rules for main-
taining or improving the quality of cotton in the Pro-
tectorate or to be exported from the Protectorate
either in reference to the distribution and use of
seed, or to the inspection of seed, crops, cotton
unginned or ginned, or ginneries, or factories,
and may prohibit the use of seeds of any particular
kind or specify any particular kind or kinds of
seed as the only kind or kinds to be used, and
may prohibit the use or exportation of cotton of
inferior quality or of any particular kind or
specify any particular kind or kinds as the only
kind which may be used or exported, and may
prohibit any method of sowing, collecting, gin-
1 As tothe importation of cotton seeds into the Protectorate, see notice
19th March, 1908, under The Uganda Customs Consolidation Ordinance, 1904,
Chapter 16, ante, page 277. :
Cuap. 28. ] Plants.
457
ning or otherwise preparing cotton and generally for
the purposes of this Ordinance, and may apply all
or any of such rules to any province, district or place
in the Protectorate, and may make special rules in
regard to any particular province, district or place.
3. The power to make rules shall include a power
to fix reasonable fees and charges.
4. The Governor may fix such penalties for the
breach, or attempted breach, or non-observance of any
rule as he may think proper, not exceeding imprison-
ment with or without hard labour for a term of one
month, or a fine of 1,000 rupees, or both, and where no
penalty is imposed by the rules the breach or
attempted breach or non-observance of any rule shall
be punishable to the extent aforesaid, and may pro-
vide that any seed, cotton or implement in respect of
which a breach or attempted breach or non-
observance of any rule has been committed may be con-
fiscated or otherwise dealt with, with or without
compensation.
H. HESKETH BELL,
ENTEBBE, Governor.
19TH Marcu, 1908.
RULES.
Unver Tue Ucanpa Corron Orprnance, 1908.
Fees and charges,
Penalties,
Rules made by the Governor of the Uganda Protectorate under the above-
mentioned Ordinance.
1. These rules may be cited as The Uganda Cotton Ordinance Rules, 1909,
and shall apply to every part of the Uganda Protectorate.
2. Cotton seed shall be distributed by the Government at such times and
places and by such persons as the Governor shall prescribe.
3. No person shall grow cotton from seeds which have been obtained from
any other source than the Government.
__ 4. All cotton plants shall be destroyed after the first season’s crop has been
picked therefrom, and on no account shall they be allowed to remain for a second
season, or for more than one year, in the ground.
5. The rules made under the above Ordinance of the 19th March, 1908,
and the 27th April, 1908, are hereby repealed.
ENTEBBE, H. HESKETH BELL,
18TH January, 1909.
Governor.
458 Laws of the Uganda Protectorate. [Cuap. 28,
1. These rules may be cited as The Uganda Cotton Ordinance Rules (No. 2),
1909, and shall apply to every part of the Uganda Protectorate.
2. Every cotton hand-gin shall be registered at the office of the Cotton
Department once yearly, and no person owning or possessing such a hand-gin shall
use or permit the same to be used unless it is so registered.
3. All cotton seed obtained from such hand-gins shall forthwith be destroyed
by the person so obtaining it or by any person into whose possession or ownership
such seed shall come. Provided always that it shall not be necessary to destroy
such seed pending its being supplied to the Government, or exported, or being
treated in some manner which will prevent it being used as seed for growing
purposes, the burden of proof that such seed is to be so supplied, exported or
treated shall be upon the person owning or possessing such seed.
4. Any cotton seed or hand-gin in respect to which a breach of the above-
mentioned rules has been committed may, in addition to any other penalty, be
confiscated and destroyed, or otherwise dealt with.
ENTEBBE, ALEXANDER BOYLE,
30TH DecEemBer, 1909. Acting Governor.
CuaP. 29.] Cattle, Game, Animals and Ostriches.
459
(b)— ANIMALS.
CHAPTER XXIX.
CatTtTie,’ GAME,’ ANIMALS'** AND OSTRICHES.
No. 6 of 1902. The Cattle Disease Ordinance, 1902.
No. 9 of 1906. The Uganda Game Ordinance, 1906.
No. 18 of 1909. The Prevention of Cruelty to Animals Ordinance, 1909.
No. 19 of 1909. The Ostrich Ordinance, 1909.
No. 6 of 1902. *
CATTLE DISEASE.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Cattle
Disease Ordinance, 1902.”
2. In this Ordinance, unless the context other-
wise requires, the following terms have the meanings
hereinafter respectively assigned to them, that is to
say :—
The expression “cattle” means bulls, cows,
oxen, heifers, and calves.
The expression “animals” means cattle,
sheep, goats, camels, and all other ruminating
animals, and horses, donkeys, mules, and swine,
and any other animal that the Commissioner
1 As to cattle, &c., in townships, see The ‘Township Rules, 1903,
Chapter 17, «ute, and Section 94 of The Uganda Police Ordinance, 1908,
Chapter 12, ante.
As to the export of cattle, see notice 13th May, 1907, under The Uganda
Customs Consolidation Ordinance, 1904, Chapter 16, ante, page 277.
_ 2? For the text of The Convention for the Preservation of Wild Animals
in Africa, 1900, see 1900 Gazette, page 4.
_ ® For omitting to take order sufficient to guard against danger to human
life or of grievous hurt from animals in any person’s possession, see Section 289
of The Penal Code.
4 For “Sub-Commissioner” in this Ordinance, see No. 14 of 1908 and
notices in Chapter 9, ante.
Definitions.
460
Laws of the Uganda. Protectorate. [Cuap. 29,
Diseased animal to
be kept separate
and notified.
Slaughter.
Compensation.
may at any time, by notification in the Gazette
declare to be included in this definition for the
purposes of this Ordinance.
The expression.“ disease” means rinderpest
of cattle, plague, pleuro-pneumonia, foot-and-
mouth disease, sheep-pox, sheep-scab, swine-fever,
or any other contagious or infectious disease that
the Commissioner may at any time declare to be
included in this definition for the purposes of this
Ordinance.
The expression “ veterinary officer” means
a veterinary officer of the Protectorate, or any
person appointed by the Commissioner to perform
the duties of a veterinary officer.
3. Every person having in his possession or charge
an animal affected with disease shall keep that animal
separate from other animals not so affected, and shall
give notice of the existence of the disease to the
nearest Collector or Assistant Collector, who shall
forthwith inform the nearest veterinary officer.
4, The Sub-Commissioner of each province or a
veterinary officer shall cause to be slaughtered all
animals affected with cattle plague or pleuro-pneu-
monia, and may cause to be slaughtered any animal
affected, or suspected of being affected, with any
disease, or any animal which has been in contact .
with a diseased animal, or has been otherwise exposed
to the infection or contagion of disease.
5. In respect of any animal slaughtered under
this Ordinance, the owner shall be paid compensation
out of the Protectorate Treasury as follows—that 1s
to say, where the animal was affected with disease,
one-half of its value immediately before it became so
affected, but so that the compensation does not exceed
in the case of horses, 300 rupees ; in the case of mules,
200 rupees ; in the case of donkeys and camels, 100
rupees, and in the case of any other animal, 50 rupees ;
and where the animal was not so affected, but was
suspected of being so affected, the value of the animal
immediately before it was slaughtered, but so that the
compensation does not, in the case of horses, exceed
600 rupees ; in the case of mules, 400 rupees ; in the
case of donkeys and camels, 200 rupees; and in the
case of any other animal, 100 rupees.
Cuap. 29. | Cattle, Game, Animals and Ostriches.
461
6. The amount of compensation payable as afore-
said shall be assessed by the Sub-Commissioner ; but
he may in any case withhold, either wholly or
partially, compensation in respect of any animal
slaughtered under this Ordinance where the owner or
person in charge of the animal has, in the judgment of
the Sub-Commissioner, been guilty of any breach of
this Ordinance, or, in the case of an affected animal,
where the animal was imported into the Protectorate
when affected with disease.
7. (1) Where an animal has been slaughtered under
this Ordinance, its carcase shall belong to the Gov-
ernment, and shall be buried, or sold, or disposed of
under such conditions as the Sub-Commissioner or a
veterinary officer shall think fit, and any proceeds of
sale shall be paid into the Protectorate Treasury.
(2) Where an animal dies of disease, the Sub-
Commissioner or a veterinary officer shall give direc-
tions with reference to the burial, destruction, or
disposal of the carcase.
8. The Commissioner may, for the prevention of
disease, make orders’ prohibiting or regulating the
importation into the Protectorate from any specified
country, port, or territory, or the exportation from
the Protectorate of animals, or of any specified kind
of animals, or of carcases, hides, skins, or fodder.
9. The Commissioner may prescribe fees for
the examination of animals under this Ordinance, and
such fees shall be levied in respect of all animals so
examined, except in the case of those animals which
‘may have been slaughtered in consequence of such
examination.
10. (1) The Commissioner may appoint any fit
persons to be inspectors for the purposes of this
Ordinance.
(2) An inspector, Sub-Commissioner, admin-
istrative officer, or veterinary officer may enter any
building, shed, or place, containing, or used for the
purpose of containing, animals, and may examine the
same and any animal found therein.
5 Seo Orders, 23rd J anuary, 1909, and 6th December, 1909, following.
Assessment of com -
pensation.
Disposal of
carcases,
Power to prohibit
or regulate im-
portation or ex-
portation.
Fees.
Inspectors.
462 Laws of the Uganda Protectorate. [Cuap. 29,
be eaonane 11. The Sub-Commissioner may make and publish
ainsi such directions as he may think fit for regulating the
movements of animals into, within, and out of his
province, and generally for the carrying out of the
provisions of this Ordinance, and any such direction
shall forthwith be communicated to the nearest vet-
erinary officer.
Penalties,
Ordinance, or a breach of any orders, rules,
12. A person committing an offence under this
or
directions under this Ordinance, shall be liable to a
fine not exceeding 1,000 rupees, or to imprisonment
not exceeding two months, of either kind, or to
both.
Obstructing 13. Any person obstructing a person in .
exercise of duties.
shall be guilty of an offence under this Ordinance.
J. HAYES SADLER,
the
lawful exercise of his duties under this Ordinance
His Majesty's Commissioner.
ENTEBBE,
1st NovEmBER, 1902.
ORDERS
Unver Section 8 or THe Carrie Diszase OrpDINANCE, 1902.
1. All animals imported into the Protectorate from the East Africa Protectorate
shall be brought into the Protectorate at the Port of Entebbe.
2. Allsuch animals shall, on entering the Protectorate, be subjected to
examination by the veterinary officer or other officer appointed by the Governo
an
rin
that behalf (hereinafter referred to as the inspecting officer), and shall not be allowed
to proceed until passed by such officer.
3. Every animal so imported from the East Africa Protectorate shall be accom-
panied by a certificate from a qualified veterinary surgeon certifying that such
- animal was free from disease at the time of exportation from East Africa, and
importation of any such animal unaccompanied by such a certificate is prohibited.
the
4, Any animal to which this order applies may be kept in quarantine in such
place and for such period as the inspecting officer may determine.
5. The inspecting officer may direct that any such animal shall be washed with
dip, groomed, or subjected to operations or processes for disinfection, inoculation or
testing.
6. Any such direction may, at the request of the owner of the animal, be
executed by the Government at the owner’s expense and risk.
7. Expenses connected with the detention of animals shall be borne by the
owners.
ENTEBBE, H. HESKETH BELL,
23rp January, 1909. Governor.
Cuap. 29.] Cattle, Game, Animals and Ostriches.
The Order, dated the 23rd’ January, 1909, under the above-mentioned Ordinance
shall apply to all animals imported into the Protectorate from German East Africa
and the Congo as if those territories were therein mentioned in the same way as the
East Africa Protectorate.
ENTEBBE, ALEXANDER BOYLE,
6tH DrcemBer, 1909, Acting Governor.
No. 9 of 1906. °
GAME.
1. This Ordinance may be cited as “ The Uganda
Game Ordinance, 1906.” ‘
2. In this Ordinance ‘“ The Protectorate ” means
the Uganda Protectorate.
“ Hunt, kill or capture” means hunting, killing
or capturing by any method, and includes every
attempt to kill or capture.
“ Hunting ” includes molesting.
“ Animal,” save as herein expressly provided,
means mammals, and birds other than domesticated,
but does not include reptiles, amphibia, fishes and
invertebrate animals.
2?
‘‘Game” means any animal mentioned in any of
the schedules.
“Public Officer” means a European officer in
the public service of the Uganda or East Africa or
Zanzibar Protectorates, or on the superior establish-
ment of the Uganda Railway, or an officer of one of
His Majesty’s ships on the East Africa station, or a
European officer in the public service of the Sudan
Government.
“ Native” means any native of Africa, not being
of European or American race or parentage.
“Settler” means a person for the time being
resident in the Protectorate not being a public officer
or a native.
“Sportsman” means a person who visits the
Protectorate wholly or partly for sporting purposes,
not being a public officer, settler or a native.
1 For “ Sub-Commissioner” and “ Collector” in this Ordinance, see No. 14
of 1908, and notices in Chapter 9, ante.
Short Title,
Interpretation
464
‘Laws of the Uganda Protectorate. [Cuap. 29,
Animals not to be
hunted, etc.,
without special
icence.
Animals not to be
hunted without a
licence,
Power to vary
schedules,
Prohibition on sale,
etc., of trophies.
Prohibition on
dealing in ostrich
eges,
“ Collector” means the principal Civil officer in
charge of a district of the Protectorate.
“Schedule” and Schedules” refer
schedules annexed to this Ordinance.
to the
GENERAL PROVISIONS.
3. (1) No person, unless he is authorised by a
special licence in that behalf, shall hunt, kill, or cap-
ture any of the animals mentioned im the First
Schedule.
(2) No person, unless he is authorised by a
special licence under this Ordinance, shall hunt, kill,
or capture any animal of the kinds mentioned in the
Second Schedule if the animal be (a) immature or (5)
a female accompanied by its young.
4. No person, unless he is authorised under this
Ordinance, shall hunt, kill or capture any animal
mentioned in the Third Schedule.
5. The Commissioner may, if he thinks fit, by
Proclamation, remove any animal from any of the
schedules, or declare that the name of any species,
variety, or sex of animal, whether beast or bird not
mentioned in any schedule hereto, shall be added to
a particular schedule, or that the name of any species
or variety of animal mentioned or included in one
schedule shall be transferred to another schedule,
and, if he thinks fit, apply such’ Proclamation to the
whole of the Protectorate, or to any province,
district or other area.
6. (1) Save as hereinafter provided no person
shall export from the Protectorate for sale or shall
within the Protectorate sell, or purchase, or offer or
expose for sale, any head, horn, bone, skin, feather,
flesh, or any other part of any animal mentioned in
any of the schedules, unless such animal has been
kept in a domesticated state.
(2) Save as hereinafter provided, no person shall
collect, export from the Protectorate for sale, or shall
within the Protectorate sell, or purchase, or offer or
Crap. 29. ] Cattle, Game, Animals and Ostriches.
465
expose for sale any ostrich egg unless the ostrich has
been kept in a domesticated state.’
(3) No person shall knowingly store, pack,
convey or export any animal, or any part of any
animal, or any ostrich egg, which he has reason to
believe has been obtained -in contravention of this
Ordinance.’
(4) Ostrich eggs, or any animal or any heads,
horns, tusks, skins, feathers, or other remains of any
animals mentioned in any of the schedules hereto shall
be liable to forfeiture if they have been obtained in
contravention of this Ordinance.’
(5) Notwithstanding anything contained in this
section, any ostrich eggs or any heads, horns, tusks,
skins, feathers, or other remains of any animals men-
tioned in the schedules may be sold in the following
cases, and under the following conditions :—
(a) If they form part of the estate of a
deceased person, by the Administrator-General
or personal representative of such deceased
person, with the consent of the Court granting
probate or administration, and on payment of
such fee as the Court directs, not exceeding
20 rupees.
(b) If they have been forfeited, by the
order of the Commissioner or of the Court by
which they have been declared to be forfeited.
(6) In any sale under sub-section 5 of this
section purchasers shall in every case be given a
certificate specifying the articles, and declaring that
they have been lawfully sold under the provisions of
this Ordinance, and such certificate shall be evidence
that the purchaser has not obtained the goods in
contravention of this Ordinance.
(7) Nothing contained in this section shall
prevent the sale, purchase, transfer or export of
elephant ivory or hippopotamus tusks which have been
obtained without a contravention of this Ordinance.
(8) When any animal mentioned in any of
the schedules hereto is killed by accident, or when
the carcase or remains of any animal shall be found,
the head, horns, tusks, and feathers of such animal
shall belong to the Government ;
7 The provisions regarding ostriches in this Ordinance were varied by The
Ostrich Ordinance, 1909, following, g, v.
30
Prohibition on
storing, etc.
Trophies liable to
forfeiture.
Cases in which
trophies may be
sold.
Certificate to be
issued on lawful
sale,
Saving as to ivory,
Animals killed by
accident, etc.,'or
found dead the
property of the
Government,
466
Laws of the Uganda Protectorate. [Cuap. 29.
Power to pay
compensation.
Possession, sale,
etc., of female or
immature ivory.
Reservation to
Commissioner.
Marking of ivory
sold under
reservation.
Saving to
purchasers,
Saving as to ivory
already in
possession,
»
Provided that the Commissioner may waive
these rights in any case as he may deem fit ; and
Provided that the Commissioner may direct the
payment to any person or persons so killing or finding
such compensation as shall cover the cost of trans-
port of any ivory to the nearest station ; and
May direct rewards to be paid for the finding of
ivory.
7. (1) Save as hereinafter provided, any person
found in possession of, or selling, transferring, or
exporting, or attempting to sell, transfer or export,
any male elephant’s tusk weighing less than eleven
pounds or any female elephant’s tusk, or any pieces
of ivory which, in the opinion of any officer engaged
in the Civil administration of the Uganda Protectorate,
formed part of a male elephant’s tusk under eleven
pounds in weight, or of a female elephant’s tusk, shall
be guilty of an offence, and shall be liable to a fine not
exceeding 1,000 rupees, or two months’ imprisonment
of either kind, or to both, and the tusk or parts of a
tusk shall be confiscated unless the Commissioner
shall otherwise order. :
(2) Provided that the Commissioner or any
person authorised by the Commissioner in that
behalf may possess, sell, or transfer within the
Uganda Protectorate, or may export from the Uganda
Protectorate, any ivory belonging to the Government,
or confiscated under the provisions of this Ordinance,
or of any Regulation or Ordinance repealed by this
Ordinance.
(3) All such ivory possessed, sold, transferred
or exported under the provisions of the last preceding
sub-section shall be distinctively marked, with such
mark and in such manner as the Commissioner by
notice published in the official Gazette may appoint.
(4) The purchaser or transferee of any ivory
so sold or transferred under the provisions of sub-
section 2 of this section shall lawfully possess such
ivory, and may lawfully export such ivory from the
Uganda Protectorate.
(5) The provisions of sub-section 1 of this section
shall not apply to any ivory lawfully possessed by any
person at the date of the publication of this Ordinance,
provided that such ivory shall within three months ot
the publication of this Ordinance be produced or sent
Cuap. 29.] Cattle, Game, Animals and Ostriches.
467
to the nearest Collector, who shall mark such ivory
with such mark and in such manner as the Commis-
sioner may appoint.
8. No person shall use any poison, or, without
a special licence, any dynamite or other explosive for
the killing or taking of any fish.
9. Where it appears to the Commissioner that
any method used for killing or capturing animals or
fish is unduly destructive, he may, by Proclamation,
prohibit such method, or prescribe the conditions
under which any method may be used; and if any
person uses any method so prohibited, or uses any
method otherwise than according to the conditions so
prescribed, he shall be liable to the same penalties as
for a breach of this Ordinance.
10. Save as provided by this Ordinance, or by
any Proclamation under this Ordinance, any person
may hunt, kill, or capture any animal not mentioned
in any of the schedules, or any fish.
GAME RESERVES.
11. (1) The areas described in the Sixth Schedule
hereto are hereby declared to be game reserves.
The Commissioner, with the approval of the
Secretary of State, may by Proclamation declare any
other portion of the Protectorate to be a game reserve,
may define or alter the limits of any game reserve,
and this Ordinance shall apply to every such game
reserve.
(2) Save as provided in this Ordinance, any
person who hunts, kills or captures any animal in
a game reserve, or is found within a game reserve
under circumstances showing that he was unlawfully
in pursuit of any animal, shall be guilty of a breach
of this Ordinance.
(8) The Commissioner may by notice, to be
published as directed by him, exempt from protection
any animal in a game reserve.
(4) For the purpose of this section the term
“animal” shall be deemed not to exclude reptiles,
amphibia, fishes, and invertebrate animals.
304
Restriction on
killing fish.
Power to prohibit
destructive
methods
of capture.
Animals, etc.,
which may be killed
without licence.
Game Reserves
Power to declare,
etc., game reserves.
Prohibition on
huuting, etc.,
within reserve.
Power to exempt
from protection
in reserves.
Meaning of
“animal” in the
section.
468
Licences, and by
whom issued.
Fees for licences.
Term of licence,
Public officer’s
14 day licence.
Contents of licence.
Bond may be
reanired
Licence not
transferable.
To be produced
when called for.
Laws of the Uganda Protectorate. [Cuap, 29,
LicENCES To EUROPEANS, ETC.
12. The following licences may be granted by
the Commissioner or any Collector, or such person or
persons as may be authorised by the Commissioner,
that is say :—
(1) A Sportsman’s licence ;
(2) A Public Officer’s licence ;
(3) A Settler's licence ;
(4) A Landholders’ licence ; and
(5) A Bird licence.
The following fees shall be payable for licences,
that is to say, for a Sportsman’s licence 750 rupees,
for a Public Officer’s livence or a Settler’s licence
150 rupees, for a Landholder’s licence 45 rupees, and
for a Bird licence 5 rupees.
Every licence shall, except as hereinafter provided,
he in force for one year only from the date of issue.
Provided that a Public Officer’s licence may be
granted for a single period of 14 consecutive days, on
payment of a fee of 30 rupees, but no other such
licence shall be issued to such officer within a period
of twelve months from the date of issue of such
licence.
Every licence shall bear the name, in full, of the
person to whom it is granted, the date of issue, the
period of its duration, and the signature of the Com-
missioner, Collector, or other person authorised to
grant licences.
The applicant for a licence may be required to
give security by bond or deposit, not exceeding
2,000 rupees, for his compliance with this Ordinance,
and with the additional conditions (if any) contained
in his licence.
A licence is not transferable.
Every licence must be produced when called for
by any officer of the Protectorate Government, and
any licence holder who fails, without reasonable cause,
to produce it when called for shall be guilty of an
offence against this Ordinance.
In granting licences under this Ordinance a Col-
lector or any person authorised to grant licences shall
observe any general or particular instructions of the
Commissioner.
Cuap. 29.] Cuttle, Gume, Animals and Ostriches.
13. A Sportsman's licence and a Public Officer’s
licence respectively authorise the holder to hunt, kill,
or capture animals of any of the species mentioned
in the Third Schedule, but, unless the licence other-
wise provides, not more than the number of each
species fixed by the second column of that schedule.
The holder of a Sportsman’s or Public Officer’s
licence granted under this Ordinance may by the licence
be authorised to kill or capture additional animals
of any such species on payment of such additional
fees as may be prescribed by the Commissioner.
The Commissioner may in special cases grant, at
a fee of 150 rupees, a Sportsman’s licence to a person
entitled to take out a Settler’s licence.
14. A Settler’s licence authorises the holder to
hunt, kill, or capture animals of the species, and to
the number mentioned in the Fourth Schedule only.
15. (1) A Public Officer’s licence shall not be
granted except to a Public Officer, and a Settler’s
licence shall not be granted except to a Settler, but
a Sportsman’s licence may be granted to a Settler.
(2) The holder of a Settler’s or Landholder’s
licence may surrender his licence and take out a
Sportsman’s licence; and in such a case the sum
which has been paid in respect of the surrendered
licence shall be deducted from the sum which such
person would otherwise be required to pay for a
Sportsman’s licence; provided that a Sportsman’s
licence so granted shall expire on the same date as
that on which the surrendered licence would have
expired, and that all animals captured or killed under
the surrendered licence shall count towards the animals
which may be captured or killed under the Sports-
man’s licence.
16. Should the holder of a Public Ofticer’s licence
cease to be a Public Officer during the currency of
such licence, his licence shall thereupon expire.
Provided that if the person whose licence has
expired under the provisions of this section alone
takes out a Sportsman’s licence the sum which has
been paid by such person in respect of the licence so
expired shall, if such person so elects, be deducted
from the sum which he would otherwise be required
to pay for a Sportsman’s licence.
469
Animals which
may be hunted
under Sportsman’s
or Public Officer’s
licence,
Additional animals.
Sportsman’s
licence may be
granted to holder
of Settler’s licence.
Animals which
may be hunted
under Settler’s
licence.
To whom Public
Officer’s or
Settler’s licence
inay be granted.
Exchange of
Settler’s or
Landholder’s
licence for
Sportsman’s
licence.
Public Officer’s
licence to expire
on holder ceasing
to be Public
Officer, but
Sportsman's
licence may be
taken out on terms.
+70
Laws of the Uganda Protectorate. [CHap, 29,
Restriction on
animals which
may be killed on
14 day licence, etc.
Fast Africa Public
Officer’s licences
vulid in Uganda.
Landholder’s
licence.
Limited to Game
on holdev’s land.
Protection of
certain animals,
Animals which
may be hte
under.
Provided that in such case all animals killed
under the licence which has so expired shall count
towards the animals which may be killed under the
Sportsman’s licence, and the Sportsman’s licence shall
expire on the same date as that on which the original
licence would have expired if the holder thereof had
continued to be a Public Officer.
17. A fourteen day licence granted to a Public
Officer vho has previously held a Public Officer’s
licence, or a Public Officer’s licence granted to a person
who has previously held a Public Officer’s fourteen
day licence, shall, if taken out within six months of
the expiry of the former licence, authorise the holder
to kill or capture such number only of animals as,
with the number killed or captured under the former
licence, will make up the number fixed for a Public
Officer’s licence.
18. When a licence similar to a Public Officer's
licence under this Ordinance has been granted in the
East Africa Protectorate, that licence — shall
authorise the holder to hunt, kill or capture game
in the Uganda Protectorate, in all respects as if
the licence had been granted in the Uganda Pro-
tectorate, provided that such licence shall be first
indorsed by a Collector or other authorised officer
of the Uganda Protectorate ; provided also that any
authority to kill or capture additional animals not
permitted under the corresponding Uganda licence
shall be void.
19. (1) An occupier of land may take out a
Landholder’s licence, and may also take out a similar
licence at the same fee for any person permanently
employed by him in connection with the land.
(2) The licence shall only permit game to be
hunted, killed, or captured on the land of the
holder of a licence, or of his employer, who has taken
out the licence.
(3) The licence will not authorise animals in the
First Schedule or the females or young of animals men-
tioned in the Second Schedule to be hunted, killed or
captured.
(4) The licence shall permit the animals men-
tioned in the Third and Fourth Schedules to be
CHap. 29.] Cattle, Game, Animals und Ostriches.
471
hunted, killed or captured, and the limitation of the
number of animals to be hunted, killed or captured
therein contained shall not apply.
(5) Except as otherwise provided in this sec-
tion, the holder of a Landholder’s licence will be
subject in all respects to the provisions of this
Ordinance.
20. When a person holding a Landholder’s licence
holds also a Settler’s licence, animals killed or captured
on his own land under his Landholder’s licence shall
not count towards the animals he is entitled to kull
under his Settler’s licence.
21. Any landholder, or his servant, finding an
animal mentioned in the schedules spoiling his crops
or doing damage to his holding may kill the same if
such act is necessary for the protection of his crops
or holding, but he shall give notice thereof to the
Collector of the district without delay, and the head,
horns, tusks, and skin shall be the property of the
Government, and shall be dealt with as the Collector
may direct.
22. Animals mentioned in the schedules killed
or captured by the holder of a licence other than a
Landholder’s licence upon private land at the request
of the occupier, and for protection of his crops or
holding, shall not count towards the number of animals
that person is entitled to kill under his licence ; but in
such case the head, horns, tusks, and skins of such
animals shall be the property of the Government, and
shall be dealt with as the Collector may direct.
23. (1) A Bird licence shall, subject to the
provisions of this Ordinance, entitle the holder to
ue any of the birds mentioned in the Fifth Schedule
only.
(2) The Commissioner may by Proclamation order
any area in the Uganda Protectoratz to be closed for
any period specified in the Proclamation in respect
" a killing or capturing of any or all species of wild
irds.
(3) Any person who shall kill or capture, or
attempt to kill or capture, by any means whatsoever,
or who shall have in his possession any wild bird
captured in contravention of Sub-section 2 of this
Condition.
Conditions whore
held with
Settler’s licence.
Protection of
crops.
Animals shot for
liow counted”
and dealt with.
Bird liccuces.
Close season for
birds.
472
Laws of the Uganda Protectorate. [CHap. 29.
Restriction on
hunting on private
lands.
Special licences.
section within the area to which such Proclamation is
applied, and within the period specified therein, shall
be guilty of an offence under this Ordinance.
Provided that no person shall be liable to be
convicted under the provisions of Sub-section 3 of this
section for the unlawful possession of such wild bird
if he satisfies the Court before which he is charged
either that :—
(a) The killing or capturmg of such wild
bird, if in a place with regard to which the pro-
visions of sub-section 2 of this section have been
applied, was lawful at the time when and by the
person by whom it was killed or captured ; or,
(b) The wild bird was killed or captured in
some place to which the provisions of sub-section
2 of this section was not applied.
24, No person shall be entitled to hunt, kill, or
capture animals mentioned in the schedules on private
lands in the occupation of another person other than
his employer, unless he is duly licensed under the
provisions of this Ordinance.
25. Where it appears proper to the Commissioner
for scientific or administrative reasons, he may grant
a special licence to any person, not being a native,
to kill or capture animals of anv one or more species
mentioned in any of the schedules; or to kill, hunt,
or capture in a game reserve specified beasts or birds
of prey, or other animals whose presence is detrimental
to the purposes of the game reserve ; or, in particular
cases, to kill, or capture, as the case may be, in a game
reserve, an animal or animals of any one or more
species mentioned in the schedules.
The Commissioner may, if he thinks fit, grant a
special licence to any person, European or American,
resident in any station situate in or near a game
reserve, to kill, or capture, specified birds and noxious
animals in such game reserve or such part thereof as
shall be defined on such licence or otherwise.
A special licence shall be subject to such con-
ditions as to fees and security (if any), number, sex,
and age of specimens, district and season for hunt-
ing, and other matters, as the Commissioner may
prescribe.
Cuap. 29.] Cattle, Game, Animals and Ostriches.
473
Save as aforesaid, the holder of a special licence
shall be subject to the general provisions of this
Ordinance, and to the provisions relating to holders
of. licences.
26. The Commissioner may, by rule, prescribe
the forms of licences issued under the provisions of
this Ordinance.
Every licence holder shall keep a register of the
animals killed or captured by him in the form specified
in the Seventh Schedule.
The register with a copy thereof shall be sub-
mitted as often as convenient, but not less frequently
than once in three months, to the nearest Collector or
Assistant Collector, who shall countersign the entries
up to date and retain the copy.
Any person authorised to grant licences may at
any time call upon any licence holder to produce his
register for inspection.
Every holder of a licence must within 15 days
atter his licence has expired produce or send to the
Collector of the district. in which he resides the register,
and a copy thereof, of the animals killed or captured
by him under his licence.
If any holder of a licence fails to keep his
register truly, or to produce it as required by this
section, he shall be guilty of an offence against this
Ordinance.
27. The Commissioner may revoke any licence
when he is satisfied that the holder has been guilty
of a breach of any of the provisions of this Ordinance
or of the conditions of his licence, or has connived
with any other person in any such breach, or that
in any matters in relation thereto he has acted other-
wise than in, good faith.
_ 28. The Commissioner may at his discretion
direct that a licence under this Ordinance shall be
refused to any applicant.
29. Any person whose licence has been lost or
destroyed may obtain a fresh licence for the remainder
of his term on payment of such a fee as the licensing
authority may fix, not exceeding Rs. 5.
30. No licence granted under this Ordinance shall
entitle the holder to hunt, kill, or capture any animal,
Forms of licences.
Game register.
Return of game
killed.
Production of
register for
inspection.
Failure to keep or
produce—an
offence.
Revocation of
licences.
Refusal of iicences.
Lost licences.
Licence does not
authorise trespass.
474
Laws of the Uganda Protectorate. [CuHap. 29
Hunting, ete.,
animals beyond
limit allowed—
an offence.
Where servants
may assist.
Licences may be
forfeited.
Importers of
fire-arms may be
required to take
out game licence.
Collector may
authorise natives
to kill game.
or to trespass upon private property, without the
consent of the owner or occupier.
31. Any person who, after having killed or cap-
tured animals to the number and of the species
authorised by his licence, proceeds to hunt, kill, or
capture any animals which he is not authorised to
kill or capture, shall be guilty of a breach of this
Ordinance.
32. Persons in the employment of holders of
licences may, without licence, assist such holders
of licences in hunting animals, but shall not use
fire-arms.
In any case of a breach of the provisions of
this section the licence of every licence holder con-
cerned in the breach shall be liable to forfeiture,
and such licence holder shall be guilty of an offence.
33. The Commissioner or any person authorised
by him in that behalf may, at his discretion, require
any person importing fire-arms or ammunition that
may be used by such person for the purpose of killing
game or other animals to take out a licence under this
Ordinance, and may refuse to allow the fire-arms or
ammunition to be taken from the public warehouse
until such licence is taken out. Save as aforesaid,
nothing in this Ordinance shall affect the provisions of
“The Uganda Fire-arms Regulations, 1896,”8 or any
Ordinance amending or substituted for the same.
RESTRICTION ON KILLING GAME BY NATIVES.
34. When the members of any native tribe or the
native inhabitants of any village appear to be de-
pendent on the flesh of wild animals for their subsist-
ence, ‘the Collector of the district may, with the
approval of the Commissioner, by order addressed to
the Chief of the tribe or Headman of the village,
authorise the tribesmen or inhabitants, as the case
may be, to kill animals within such area, and subject
to such conditions as to mode of hunting, number.
species, and sex of animals and otherwise, as may be
prescribed by the order.
8The Uganda Arms Ordinance, 1906, Chapter 10, «née, has now taken the
place of these Regulations.
Cuar. 29. ] Cattle, Game, Animals and Ostriches.
475
An order under this section shall not authorise
the killing of any animal mentioned in the First
Schedule.
The provisions of this Ordinance with respect to
holders of licences shall not apply to a member of a
tribe or native inhabitant of a village to which an
order under this section applies.
Save as aforesaid, the general provisions of this
Ordinance shall apply to every native who is autho-
rised under this section, and a breach of any order
shall be a breach of this Ordinance.
35. The Collector of a district may, with the
approval of the Commissioner, grant a licence,
similar to a Sportsman’s or Settler’s licence, to any
native, upon such terms as to fees and other
conditions as the Commissioner may direct.
36. (1) A Sub-Commissioner may, with the
approval of the Commissioner, grant to any native
Chief a licence to kill two bull elephants.
(2) Such licence shall be subject to the conditions
applicable to licences issued under this Ordinance,
and the fee in respect thereof shall be 150 rupees.
(3) The ivory obtained from elephants killed
under any such licence shall be taken to the nearest
Government station, and there marked in such a way
that it may be identified. Any person possessing,
buying, or selling any such ivory which has not been
so marked shall be guilty of an offence against this
Ordinance.
(4) The Commissioner may make rules as to the
persons by whom and the manner in which such
ivory shall be marked.
37. (1) When elephants are found doing damage
to shambas, and the owner or occupier thereof cannot,
with the means at his disposal, drive them off, the
nearest Chief may, at the request of such occupier,
kill not more than two of such elephants.
(2) The destruction of the elephants shall be
reported forthwith to the nearest Civil officer, and
the ivory shall be taken and handed over to him.
The Chief and the owner of the shamba shall each be
entitled to receive such proportion of the ivory as
the Commissioner may direct. The carcases of the
elephants shall belong to the owner of the shambas.
Restriction on
game which may
be killed,
Provisions re
licences not to
apply.
Other provisions to
apply.
Native game
licences,
Licences to Chief's
to shoot elephants.
Elephants
damaging shambas,
476
Laws of the Uganda Protectorate. [Cuap. 29,
Power to search and
seize, etc.
DPenalties.
Forfeiture on
conviction.
Revocation of
licences by Court.
‘Payment of
informers,
LEGAL PROCEDURE.
38. Where any public officer of the Uganda
Protectorate thinks it expedient for the purposes of
verifying the register of a licence holder, or suspects
that any person has been guilty of a breach of any
of the provisions of this Ordinance or of the conditions
of his licence, he may inspect and search, or authorise
any subordinate officer to inspect and search, any
baggage, packages, waggons, tents, building, or caravan
belonging to or under the control of such person, or
his agent, and if the officer finds any: heads, horns,
tusks, skins, feathers or other remains of the animals
appearing to have been killed, or any live animals
appearing to have been captured, in contravention of
this Ordinance, he shall seize and take the same
before a magistrate to be dealt with according to law.
39. Save as herein mentioned, any person who
hunts, kills, or captures any animals in contravention
of this Ordinance, or otherwise commits any breach
of the provisions of this Ordinance, or of the conditions
of his licence shall, on conviction, be liable to a fine
which may extend to 1,000 rupees, and, where the
offence relates to more animals than two, to a fine in
respect of each animal which may extend to 500
rupees, and in either case to imprisonment of either
kind, which may extend to two months, with or with-
out fine :
Provided that any person who shoots, kills or
captures, or attempts to shoot, kill or capture, birds in
contravention of this Ordinance shall not be liable to
a fine of more than 100 rupees, nor imprisonment of
either kind exceeding one month.
In all cases on conviction any ostrich eggs, or
any heads, horns, tusks, skins, or other remains of
animals, found in the possession of the offender or his
agent, and all live animals captured in contravention
of this Ordinance, shall be liable to forfeiture.
If the person convicted is the holder of a licence
his licence may be revoked by the Court.
40. Where in any proceeding under this
Ordinance any fine is imposed, the Court may award
Cuap. 29. ] Cattle, Game, Animals and Ostriches.
477
any sum or sums not exceeding half the total fine
to any informer or informers.
41. This Ordinance shall come into operation
on the First day of November, 1906.
REPEAL.
42. The following Regulations and Ordinances
and all Proclamations, Orders and Rules thereunder
are hereby repealed.
The Game Returns Regulations, 1900 (No. 25).
The Uganda Game Regulations, 1900 (No. 32).
1
The Birds Protection Regulations, 1901 (No.
of 1901).
The Uganda Game Regulations Amendment
Ordinance, 1903 (No. 9 of 1903).
The Uganda Game Ordinance, 1903 (No. 13 of
1903).
The Uganda Game Ordinance, 1904 (No. 1 of
1904),
The Uganda Game Regulations Amendment
Ordinance, 1904 (No. 10 of 1904).
The Game Ordinance, 1904 (No. 12 of 1904).
The Uganda Game Regulations Amendment
Ordinance, 1905 (No. 2 of 1905).
Provided as follows :—
(1) Where any legal proceedings have been begun
under the said repealed Regulations or Ordinances
the same shall be continued as if this Ordinance had
not been enacted. |
(2) Any person who has before the commence-
ment of this Ordinance committed any offence against
any of the said repealed Regulations or Ordinances,
or has committed any breach of any conditions pre-
scribed on any licence granted thereunder, shall be
proceeded against and punished, as if this Ordinance
had not been enacted..
(3) Licences issued under the said repealed
Regulations or Ordinances unexpired at the com-
mencement of this Ordinance shall remain in force for
Commencement of
Ordinance,
Repeals.
Savings.
478 Laws of the Uganda Protectorate. [Cuap, 29.
the period for which they were granted, as if this
Ordinance had not been enacted.
H. HESKETH BELL,
ENTEBBE, His Majesty's Commissioner,
16TH OcToBER, 1906.
FIRST SCHEDULE.
Animals not to be hunted, killed or captured by any person,
except under Special Licence.
1. Giraffe.
2. Zebra.
3. Wild Ass,
4. Gnu (Connocheetes), any species.
5. Eland (Taurotragus).
6. Elephant (female or young).
7. Secretary Bird.
8. Vulture (any species).
9. Owls (any species).
10. Whale-headed Stork (Balaeniceps rex).
11. Saddle-billed Stork (Epphippiorhynous Senegalensis).
12. Crowned Crane (Balearica).
13. Okapi Johnstoni.
14. Buffalo (female).°
15. Ostrich (female or young).”
16. Speke’s Tragelaphus (female).
SECOND SCHEDULE.
Animals the females of which are not to be hunted, killed,
or captured when accompanying their young, and the young of
which are not to be captured except under Special Licence :—
1. Rhinoceros.
2. Chevrotain (Dorcatherium).
3. All Antelopes or Gazelles not mentioned in the First
Schedule.
® Temporarily removed from schedule. See proclamation, 1908, following, page 482.
20 As to ostriches, see Note ’, page 465.
Cuap. 29.] Cattle, Game, Animals and Ostriches. 479
THIRD SCHEDULE.
Animals limited numbers of which may be killed or captured
under a Sportsman’s or Public Officer’s licence.
Number
allowed,
1. Elephant (male) . g : ‘ i : . 2
2. Rhinoceros. : ; ; ‘ : ‘ . « 2
3. Hippopotamus (except in the following districts, in
which they are not protected)":— . ‘ i . 10
1. The River Nile.
». The shores of the Victoria, the Albert, and Albert
Edward Lakes.
4 Antelopes and Gazelles :—
Ciass A.
Oryx (Gemsbuck or Beisa) 2
Sable or Roan (Hippotragus) 2
Kudu (Strepsiceros) . 2
Bongo (Boocercus Eurycerus Isaaci) . 1
Speke’s Tragelaphus (male) 2
Impala (A@pyceros) . 2
5. Colobus or other fur monkeys 2
6. Aard-Varks (Orycteropus) . 2
7. Aard-Walf (Proteles) . 2
8. Ostrich (male only) ” . 2
9. Marabou Stork (Leptoptilus) 2
10, Egrets of each species 2
11. Antelopes or Gazelles
‘Crass B.
Any species other than those in Class A. . . 10
12. Chevrotains . ; : : ; . 10
13. Chimpanzee 1
14. Buffalo (male) * 2
se Also not protected at Bwanuka, Proclamation, 1907, page 481.
™ See Note 7 page 465.
© See Note ® on the preceding page.
a
480 Laws of the Uganda Protectorate. [CuHap. 29.
FOURTH SCHEDULE.
Animals limited numbers of which may be killed or
captured under a Settler’s licence.
1. Hippopotamus (except in the following districts, in
which they are not protected)*:— _. : ; . 10
1. The River Nile.
2. The shores of the Victoria, the Albert, and
Albert Edward Lakes.
2. The following Antelopes and Gazelles only :—
(i.) Grant’s Gazelle ») animals in all in any
(ii.) Thomson’s Gazelle calendar month, made up
(ill. Hartebeest of animals of a single
(iv.) Reedbuck (Cervicapra) species or several ; pro-
(v.) Duiker (Cephalophus) _ vided, however, that not
(vi.) Klipspringer (Oreotragus)/ more ‘than 10 animals of
(vii.) Steinbuck (Rhaphiceros) | any one species shall be.
(vili.) Waterbuck (Cobus) killed during the period
-)
Bushbuck (Tragelaphus for which the licence is
Roualeyni) available.
(ix
FIFTH SCHEDULE.
Birds which may be shot under a Bird Licence (subject to the
provisions as to close seasons).
Any bird which is not mentioned in any of the first four
schedules.
SIXTH SCHEDULE.
GAME RESERVES.
1. An area bounded :—
(1) By the road, skirting the Budonga Forest, from Masindi
to Butiaba.
(2) By the shore of the Albert Lake to the mouth of the
River Waja.
(3) By the left bank of the River Waja, from its mouth to
Kerota.
(4) By the Kerota-Masindi road.
4 Also not protected at Bwanuka ; proclamation, 1907, page 481,
Cuap. 29.] Cattle, Game, Animals and Ostriches. 481
The aforesaid area shall be known as the Buponca Game
Reserve.
2. An area bounded® :-—
The aforesaid area shall be known as the Toro Game Reserve.
SEVENTH SCHEDULE.
GAME REGISTER.
Species. | Number. Sex. Locality. Date. Remarks.
I declare that the above is a true record of all animals killed by
me in the Protectorate under the licence
granted me on the 19
Passed—
EOS oe een) I ere a ae
(Signature of Examining Officer.)
PROCLAMATIONS.
Unper Toe Ueanpa Game Orpinance, 1906.
I, George Wilson, Companion of the Most Honourable Order of the Bath, Acting
Commissioner for the Uganda Protectorate, hereby remove the name of the animal
Hippopotamus from all schedules to The Uganda Game Ordinance, 1906, in which it
appears. Provided always, and I hereby declare that this Proclamation shall apply
only to the area comprised ina vadius of five miles from the Busiro Sleeping Sick-
ness camp at Bwanuka.
ENTEBBE, GEORGE WILSON,
22np Ocroper, 1907. Acting Commissioner.
® For the Toro Game Reserve area, see Proclamation, 12th August, 1909, following, which altered
the boundaries giyen in this schedule,
31
482 Laws of the Uganda Protectorate. [Cuap. 29,
I, Henry HesxetaH Bett, Companion of the Most Distinguished Order of
Saint Michael and Saint George, Governor of the Uganda Protectorate, hereby
temporarily remove the name of the animal Buffalo (male or female) from all schedules
to The Uganda Game Ordinance, 1906, in which it appears. And I hereby declare
that this Proclamation shall apply to the whole of the Uganda Protectorate except
the Game reserves under the Ordinance.
ENTEBBE, H. HESKETH BELL,
21st January, 1908. Governor,
I hereby declare, with the approval of the Secretary of State for the Colonies,
that the areas contained in the schedule hereto shall be known as and shall be the
Toro Game Reserve, and that the area described in the second part of the Sixth
Schedule to the said Ordinance as the Toro Game Reserve shall be altered accordingly.
ENTEBBE, ALEXANDER BOYLE,
12TH Avaust, 1909. Acting Governor.
THE SCHEDULE.
Toro Game RESERVE.
1. An area bounded :—
(i.) By the right bank of the Mpanga River from the point of entry of a
small swamp, the Njuguta, which runs into it from the south-west to its mouth
in Lake George.
(ii.) Following the northern shore of Lake George right up to the western
limit of the swamp area into which the River Nsonge discharges itself.
(iii.) From this point on the northern shore of Lake George, following the
left bank of the Nsonge River, to its meeting with the Mahoma River, and
thence following the left bank of the Mahoma River to its meeting with the
Nyamukisa River.
(iv.) Thence following the left bank of the Nyamukisa River to its source close
to the [hane Hill, near which is the source of the swamp Njuguta, and thence
by the right bank of this swamp Njuguta to its meeting with the Mpanga River
as before described.
2. An area bounded :—
(i.) By the left bank of the Muzizi River from its mouth in Lake Albert to
the point where it falls over the escarpment.
(ii,) From the top of the Muzizi Falls so indicated by the crest of the
escarpment overlooking the Semliki Valley to the point at Busaiga where the old
Fort Portal-Mboga road cuts it.
(iii.) Thence following the right-hand side of the said road to the ferry over
the Semliki at Kayera.
(iv.) Thence following the right bank of the Semliki to its mouth in Lake
Albert.
(v.) From the mouth of the Semliki. following the southern shore of Lake
Albert to the mouth of the Muzizi aforesaid.
Cuap. 29.] — Catile, Game, Animals and Ostriches.
No. 18 of 1909.
CRUELTY TO ANIMALS."
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Pre-
vention of Cruelty to Animals Ordinance, 1909.”
2. In this Ordinance the word “ Animal” shall be
taken to mean any Horse, Mare, Gelding, Bull, Ox,
Cow, Heifer, Steer, Calf, Mule, Ass, Sheep, Lamb,
Hog, Pig, Sow, Goat, Dog, Cat, or any other domestic
animal, whether of the kind or species enumerated in
this section or of any other kind or species, and
whether a quadruped or not, and any animal kept in
confinement.
3. Any person who shall—
(a) Cruelly beat, ill-treat, over-drive, over-
ride, abuse, or torture, or cause or procure to be
cruelly beaten, ill-treated, over-driven, over-ridden,
abused, or tortured any animal ; ‘
(>) Starve or by other neglect cause un-
necessary pain or suffering to any animal ; or,
(c) Convey or carry, or cause to be con-
veyed or carried, in any ship, boat, canoe, or in
any vehicle, basket, box, or cage, or otherwise,
any animal in such manner or position as to
subject such animal to unnecessary pain or
suffering ;
shall be guilty of an offence under this Ordinance,
and shall be liable to a fine not exceeding Rs. 75,
or to imprisonment, with or without hard labour,
for a period not exceeding three months, or to
both.
4. If any person shall, by any of the acts or
means mentioned in the third section of this
Ordinance, do any injury to such animal, or shall
thereby cause any damage or injury to be done to
any person or to any property, every such offender
8 For Cruelty to Animals in Townships, see Section 94 of The Uganda
Police Ordinance, No. 1, of 1908, Chap. 12, ante. For Mischief by Killing or
Maiming Animals, see Sections 428 and 429 of The Penal Code,
31a
Short title.
Interpretation.
Cruelty defined
Penalty.
Compensation may
be ordered to be
paid by person
convictedof cruelty.
484
Laws of the Uganda Protectorate. [Cuap, 29,
Compensation not
to affect other
penalty infiicted
under this Ord-
inance.
Where compensa-
tion is not claimed
under Ordinance.
Penalty for killing
animals with un-
necessary cruelty.
Penalty for em-
ploying animals
unfit for labour.
shall on conviction pay to the owner of such animal,
or to the person who shall sustain damage or injury
as aforesaid, such sum of money by way of com-
pensation, not exceeding Rs. 150, as shall be ascer-
tained and determined by the Magistrate by whom
such person shall be convicted :
Provided always that the payment of such com-
pensation, or any imprisonment for the non-payment
thereof, shall not prevent or in any manner affect the
punishment to which such person or the owner of the
animal may be liable for or in respect of any offence
under the third section of this Ordinance :
Provided also that nothing herein contained shall
prevent any proceeding by action against such offender,
or the employer of such offender, where such com-
pensation is not sought to be recovered under this
Ordinance.
5. If any person kills any animal in an unneces-
sarily cruel manner, he shall be liable to a fine not
exceeding Rs. 200, or to imprisonment, with or with-
out hard labour, for a period not exceeding six months,
or to both. |
6. (1) If any person employs in any work or
labour any animal which, by reason of any disease,
infirmity, wound, sore or other cause, is unfit to be
so employed, or permits any such unfit animal in his
possession or under his control to be so employed, he
shall be liable to a fine not exceeding Rs. 100.
(2) The Governor may, by general or special
order, appoint places to be infirmaries for the treatment
and care of animals in respect of which offences
against Sub-section (1) have been committed.
(3) The Magistrate before whom a prosecution
for such an offence has been instituted may direct
that the animal in respect of which the offence 1s
alleged or proved to have been committed shall be
sent for treatment and care to an infirmary, and be
there detained until it is, in his opinion, or in the
opinion of some other Magistrate, again fit for the
work or labour on which it has been ordinarily
employed.
(4) The cost of the treatment, feeding and water-
ing of the animal in the infirmary shall be payable by
!
i
i
Cuap. 29.] Cattle, Game, Animals and Ostriches.
485
the owner of the animal, according to such scale of
rates as the Governor may from time to time
prescribe.
(5) If the owner refuses or neglects to pay such
cost, and to remove the animal within such time as a
Magistrate may prescribe, the Magistrate may direct
that the animal be sold, and that the proceeds of the
sale be applied to the payment of such cost.
(6) The surplus, if any, of the proceeds of the
sale shall, on application made by the owner within
two months after the date of the sale, be paid to him,
but the owner shall not be liable to make any pay-
ment in excess of the proceeds of the sale.
7. If any person wilfully permits any animal of
which he is the owner, or which is in his possession or
under his control, to go at large in any street while the
animal is affected with contagious or infectious disease,
or without reasonable excuse permits any diseased or
disabled animal of which he is the owner, or which is
in his possession or under his control, to die in any
street, he shall be liable to a fine not exceeding
Rs. 100.
8. When any Magistrate, Commissioner of Police,
or District Superintendent of Police, has reason to
believe that an offence against this Ordinance has
been committed in respect of any animal, he may
direct the immediate destruction of the animal if, in
his opinion, its sufferings are such as to render such a
direction proper.
9. In every case of a conviction under this
Ordinance, where the sum imposed as a penalty, or
the amount awarded for compensation or damage,
together with costs (if any), by any Magistrate, for
or in respect of any offence against the provisions of
this Ordinance, shall not be paid immediately upon
the conviction, or within such time as the Magistrate
shall, in the exercise of his discretion, appoint and
limit in that behalf, the offender shall be liable to be
imprisoned, with or without hard labour, for any time
a two months, unless payment be sooner
made.
_10. When and so often as any of the offences
against the provisions of this Ordinance shall happen,
Penalty for per-
mitting diseased
animals to go at
large, or to die in
public places.
Destruction of
suffering animals,
Alternative pun-
ishment on con-
viction.
Apprehension of
offenders.
486
Laws of the Uganda Protectorate. (Crap. 29,
Detention and sale
of vehicle or
animal used in
commission of
offence.
Limitation of
prosecution.
Short title.
it shall and may be lawful for any police-ofticer, upon
his own view thereof, or upon the complaint. or
information of any other person who shall declare his
or her name and place of abode to the said police-
officer, to seize and secure by the authority of this
Ordinance any such offender, and forthwith, without
any other authority or warrant, to convey such offender
before a Magistrate, to be dealt with by such
Magistrate, for such offence according to law.
11. Whenever any person having charge of any
vehicle or any animal shall be taken into custody by
any police-officer for any offence against the provisions
of this Ordinance, it shall be Jawful for such police-
officer to take charge of such vehicle or animal, and
deposit the same in some place of safe custody, as a
security for payment of any penalty to which the
person having had charge thereof, or the owner there-
of, may become liable, and for payment of any
expenses which may have been or may be necessarily
incurred for taking charge of and keeping the same;
and it shall be lawful for any Magistrate before whom
the case shall have been heard to order such vehicle
or such animal to be sold for the purpose of satisfying
such penalty and reasonable expenses, in default ot
payment thereof, in like manner as if the same had
been subject to be distrained, and had been distrained,
for the payment of such penalty and expenses.
12. All offences against this Ordinance may and
shall be prosecuted at any time within one month
after the offence shall have been committed, and not
afterwards.
ENTEBBE, ALEXANDER BOYLE,
20TH OcTOBER, 1909. Acting Governor
No. 19 of 1909.
OSTRICHES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Ustrich
Ordinance, 1909.”
Cuap. 29.] Cattle, Game, Animals and Ostriches.
487
2. In the interpretation of this Ordinance, unless
repugnant to the context, the following words and
expressions shall have the meaning following :—
A ‘domesticated ostrich” shall mean an
ostrich which has been bred in captivity, or which
has been captured when a young ostrich, or before
the date of publication of this Ordinance, or has
been imported into the Protectorate and kept in
captivity for a period not less than three months.
A “young ostrich” shall mean an ostrich
which shall not have reached the age of two
months.
An “ostrich farmer” shall mean a person
who has been registered as such under the pro-
visions of this Ordinance.
3. Save as hereinafter provided, no person shall
export from the Protectorate, or shall within the Pro-
tectorate take, receive, purchase, sell, offer or expose
for sale, or be in possession of, the egg of any wild
ostrich.
4. Save as hereinafter provided, no person shall
hunt, kill, capture, sell, purchase, transfer, accept or
- receive, or be in possession of, any wild ostrich.
5. Save as hereinafter provided, no person shall
within the Protectorate sell, transfer, purchase, accept
or receive, or be in possession of, or export from the
Protectorate, the feathers of any ostrich.
6. Any person of European birth or descent may,
on application to the District Commissioner of the
district in which he resides, and cn payment of a fee
of Rs. 5, be registered as an ostrich farmer.
7. No person other than an ostrich farmer shall
sell, transfer, purchase or receive, or be in possession
of, any domesticated ostrich or (save as hereinafter
provided) the egg of any domesticated ostrich.
8. An ostrich farmer may sell to a feather
merchant licensed under this Ordinance, or may
export from the Protectorate, ostrich feathers obtained
from domesticated ostriches kept by him.
Interpretation.
Prohibition against
taking or trading in
the eggs of mild
ostriches.
Prohibition against
hunting, etc.,
wild ostriches.
Prohibition against
trading in ostrich
feathers.
The registration of
ostrich farmers.
Only ostrich
farmers to trade in
domesticated
ostriches and their
eges.
Ostrich farmers
may sell to feather
merchant, and may
export the feathers
of ostricheskept by
hhiim,
488
Laws of the Uganda Protectorate. [Cuap. 29,
Ostrich hunter’s
licences and feather
merchant’s licences
may be granted.
Fees to be paid for
licences.
Ostrich hunter’s
licence, to whom it
may be granted.
Right under an
ostrich hunter's
licence.
9. The following licences may be granted by the
Governor, or by such person or persons as shall be
authorised by the Governor, that is to say :—
(1) An Ostrich Hunter’s Licence.
(2) A Feather Merchant’s Licence.
The following fees shall be payable for licences,
that is to say, for an ostrich hunter’s licence, Rs. 45 ;
for a feather merchant’s licence, Rs. 15.
Every licence shall, except as hereinafter provided,
be in force for one year only from the date of issue.
10. An bdstrich hunter’s licence shall not be
granted to any person other than an ostrich farmer,
and who shall be the occupier of not less than fifty
acres of land, and in possession of such pens and
incubators as shall, in the opinion of the Governor or
of the officer authorised to issue such licences, be
necessary for the proper management of an ostrich
farm, and not more than four ostrich hunter’s licences
shall be issued to any one ostrich farmer.
11. (1) An ostrich hunter’s licence shall autho-
rise either the ostrich farmer or any one person of
European birth or descent engaged with him or
employed by him in connection with his ostrich farm.
and named in such licence to take the eggs of wild
ostriches, and to capture and possess young wild
ostriches, for and on behalf of such ostrich farmer.
Provided that so long as such other person 80
named in the licence as aforesaid shall be so engaged
and employed, then the ostrich farmer shall not be
authorised by such licence to capture, or attempt to
capture, young wild ostriches, or to search for, take or
attempt to take the eggs of wild ostriches.
(2) Should the person so engaged or employed
and named in such licence cease to be engaged or
employed by such ostrich farmer, the Governor or the
officer who shali have issued such licence may, on
application being made by such ostrich farmer, cause
the name of some other person of European birth or
descent engaged with or employed by such ostrich
farmer in connection with his ostrich farm to be sub-
stituted for the name of the person so ceasing to he
engaged or employed.
Cuav. 29.] Cattle, Game, Animals and Ostriches.
489
(3) An ostrich hunter’s licence shall not autho-
rise the sale of young wild ostriches or the eggs of
wild ostriches. :
12. Natives in the employment of the holder of
an ostrich hunter’s licence may, when in the company
of or under the direct supervision of such licence
holder or person authorised to act thereunder, without
licence assist such licence holder or person authorised
to act thereunder in hunting young ostriches, or in
collecting ostrich eggs ; save as aforesaid, the holder
of a licence or person authorised to act thereunder
shall not accept or receive from any native any wild
ostrich or the egg of a wild ostrich.
13. No licence granted under this Ordinance shall
entitle the holder to hunt or enter upon any private
property, without the consent of the owner of such
property, or to hunt wild ostriches or to take any egg
of any wild ostrich within a game reserve.
14. It shall be the duty of the ostrich farmer to
whom an ostrich hunter’s licence shall have been
granted to make or cause to be made to the District
Commissioner of the district within which his farm is
situate at the end of the twelfth month from the date
in which his licence shall have been issued a return
of the following particulars, namely :—
(1) The number of young wild ostriches
captured during the currency of his licence, the
date or dates when they were captured, and the
name or names of the person or persons by whom
they were captured.
(2) The number of eggs taken during the
currency of his licence, the date or dates when
they were taken, and the name or names of the
person or persons by whom they were taken.
15. (1) A feather merchant’s licence may be
granted to such responsible persons or firms as may
be approved by the Governor.
(2) Such licence shall authorise the holder to
purchase from ostrich farmers and to sell within the
Protectorate, and to export from the Protectorate, the ,
feathers of domesticated ostriches.
(3) The feathers of any domesticated ostrich
which shall be purchased or received from the holder
Native servants
may assist hunters.
An ostrich hunter's
licence does not
authorise the holder
to hunt, etc., on
private land or ina
game reserve.
Returns to be made
by ostrich hunters,
Feather merchant’s
licence, to whom it
may be granted.
490 Laws of the Uganda Protectorate. [Cuap. 29.
of a feather merchant’s licence shall be deemed to
be lawfully purchased, and may be lawfully possessed
in or exported from the Protectorate; the onus of
proving such purchase or receipt being upon the person
so purchasing, possessing or exporting such feathers,
Posies seeeeraat 16 (1) It shall be the duty of the holder of a
feather merchant’s licence to keep, or cause to be kept,
a register in which shall be recorded the following
particulars regarding all transactions under his licence,
namely :—
(a) The date on which any feathers are
bought or received.
(6) The person from whom the feathers are
bought or received.
(c) The weight of feathers bought or received.
(d) The date on which any feathers are
sold or exported.
(e) The weight of feathers sold or exported.
(7) The persons to whom any feathers are
sold
(2) The holder of a feather merchant’s licence
shall produce such register for inspection whenever
required to do so by a District Commissioner or a
European police-officer, of or above the rank of
Inspector.
(3) Any person who shall fail to keep the register
required by this section, or to produce his register
when required to do so by a District Commissioner
or European police-officer of or above the rank
of Inspector, shall be guilty of an offence, and shall
be liable to a fine not exceeding Rs. 1,000.
Feather merebant 17. It shall be the duty of the holder of a
feather merchant’s licence to make, or cause to be
made, to the District Commissioner of the district
within which his place of business is situate at the
end of the sixth and twelfth months from the date on
which his licence shall have been issued a return of the
particulars required by Section 16 (1).
Penalty for failur fs :
Nuala 18. Any person who shall fail to make oF
required crfor.,, cause to be made any return by this Ordinance
required, or shall knowingly or wilfully make oF
cause to be made any return by this Ordinance
required to be made in which there shall be any
Cuap. 29.] Cattle, Game, Animals and Ostriches.
491
misrepresentation, or from which there shall be any
omission in respect of any of the particulars by
this Ordinance required to be contained therein,
whereby such return shall be misleading, shall be
guilty of an offence and shall be liable to a fine not
exceeding Rs. 1,000.
19. No person shall export from the Protectorate
a live ostrich or an unblown ostrich egg unless he
shall have first obtained a licence in that behalf from
the Governor.
There shall be paid for a licence to export a live
ostrich Rs. 1,500, and for a licence to export an un-
blown egg Rs. 75: Provided that the Governor may
remit the whole or a part of the licence fee in any case
when he is satisfied that an ostrich is being exported
for scientific purposes.
20. No person shall be in possession of in the
Protectorate, or export trom the Protectorate, a blown
ostrich egg unless he shall produce a certificate signed
by an ostrich farmer certifying that such egg has been
obtained from the person signing the certificate, or
unless he shall prove that the egg was lawfully pos-
sessed by him before the publication of this Ordinance.
21. No export duty shall be payable upon the
feathers of any domesticated ostrich exported from
the Protectorate within three years from the date of
the publication of this Ordinance.
,
22. This Ordinance shall not apply to any ostriches
or to any ostrich eggs passing through the Protecto-
rate in transit, or to ostrich feathers passing through
the Protectorate in transit, or introduced into the
Protectorate for sale or personal wear or ornament,
and so declared at the time of such introduction, or to
any ostrich feathers or eggs lawfully possessed by any
person at the date of the publication of this Ordi-
nance; the onus of proving that any ostrich, egg or
feather comes under the provisions of this section
being on the owner or possessor.
23. When it appears to the Governor that any
method used for capturing ostriches is unduly destruc-
Licence required for
exporting ostriches
and their eggs.
Licence fce.
Certificate to be
produced by ex-
porter of a blown
ostrich egg.
Suspension of ex-
port duty on ostrich
feathers.
Ordinance not to
apply to ostriches,
eggs or feathers in
transit, or feathers
introduced for sale
or personal wear, or
feathers or eggs
lawfully possessed
at the date of
Ordinance.
The Governor may
prohibit any ~-
destructive nethod
of capturing
ostriches.
492 Laws of the Uganda Protectorate. [Cuap. 29.
tive, he may by proclamation prohibit such method or
prescribe the conditions under which such method
may be used, and if any person uses any method so
prohibited, or uses any method otherwise than accor-
ding to the conditions so prescribed, he shall be liable to
the same penalties as for a breach of this Ordinance.
Powers to search 24. When any Magistrate, European police-
and seize, etc.
officer of or above the rank of Inspector, game ran-
ger, or assistant game ranger, thinks it expedient for
the purpose of verifying the register of a licence holder,
or suspects that any persou has been guilty of a breach
of any of the provisions of this Ordinance or of the
conditions of his licence, he may inspect and search, or
authorise any subordinate officer to inspect and search,
any baggage, packages, waggons, tents, buildings, cara-
van, ship or boat belonging to or under the control of
such person or his agent ; and if the officer finds any
ostrich, ostrich feather, or ostrich egg appearing to
have been taken or to be possessed, or any live ostrich
appearing to have been captured or to be possessed in
contravention of this Ordinance, he shall seize and take
the same before a Magistrate, to be dealt with accor-
ding to law: Provided that no game ranger or
assistant game ranger shall exercise this power except
in cases of emergency, in which case he shall report
to a Magistrate as soon as possible.
Penalty for breach 25. Any person who commits or attempts to
oO TOVISIODS 0: 1S, . . . .
Ordinance, commit any breach of this Ordinance or of the condi-
tions of his licence shall, save where other provision is
made in the Ordinance, on conviction be liable to a
fine which may extend to Rs. 1,000, and when the
offence relates to more ostriches than one to a fine n
respect of each ostrich which may extend to Rs. 500,
and in either case to imprisonment, which may extend
to two months, with or without fine.
In all cases of conviction, any feather or egg of
any ostrich found in possession of the offender or his
agent, and all live ostriches captured in cor\travention
of this Ordinance, shall be liable to forfeiture.
If the person convicted is the holder of a licence,
his licence may be revoked.
Powers to police to 26. (1) When a person is seen or found com-
arrest without i
warrant. mitting or attempting to commit an offence, or 18
Cuar. 29.] Cattle, Game, Animals and Ostriches.
493
reasonably suspected of being engaged in committing
an offence against this Ordinance, a European police-
officer, game ranger or assistant game ranger
may, without war rant, stop and detain him, and if his
name and address are not known to the European
police-officer, game ranger or assistant game
ranger and ‘such person fails to give them to the
satisfaction of the European police-officer, game
ranger or assistant game ranger the European police-
officer, game ranger or assistant game ranger may
without warrant apprehend him.
(2) A person apprehended under this section
shall be taken with all practicable speed before a
Magistrate, and shall not be detained without a warrant
longer than is necessary for that purpose.
27. The Governor may by rule prescribe the
form of any licence, register or return to be issued,
kept or made under this Ordinance.
28. The Governor may, at his discretion, direct
that any registration or licence under this Ordinance
may be refused to any applicant.
29. (1) Notwithstanding anything in this Ordi-
nance contained, any ostriches, ostrich eggs or feathers
may be sold in the following cases and under the fol-
lowing conditions :—
(a) If they lawfully form part of the pro-
perty of any person or firm, by the person duly
authorised to administer or wind up the estate
of such person or firm.
(0) If they have been forfeited by the
order of the Governor or of the Court by which
they have been declared forfeited.
(2) In any sale under this section, purchasers
shall in every case be given a certificate specifying the
ostriches, ostrich eggs or feathers bought, and decla-
ring that they have been lawfully sold under the
provisions of this section, and such certificate shall, in
the case of a purchaser lawfully entitled to buy such
ostriches, ostrich eggs or feathers, be evidence that
such purchaser has not obtained such ostriches, ostrich
eggs or feathers in contravention of this Ordinance.
Governor may
prescribe form
Governor may
refuse registration
or licence.
Exceptional circum-
stances under which
ostriches, eggs or
feathers may be
sold,
494
Laws of the Uganda Protectorate. [CHap, 29,
Customs Ordinance,
1904, amendment,
Repeals.
(3) For the purpose of administering or winding
up the estate of an ostrich farmer or feather merchant,
the person duly authorised to administer or wind up
such estate may act under the registration of such
ostrich farmer or under the licence of such feather
merchant respectively for so long and no longer as
may be necessary for that purpose and such licence
may be in force.
30. The Customs Ordinance, 1904, shall be varied
by substituting for the words “ ostrich feathers” in
Schedule B the words “ostrich feathers, except ostrich
feathers of any domesticated ostrich under The
Ostrich Ordinance, 1909, for a period of three vears
from the date of the publication of that Ordinance.”
31. The provisions of The Uganda Game Ordi-
nance, 1906, relating to ostriches, eggs and ostrich
feathers and in so far as they relate thereto are hereby
repealed: Provided that any person who shall hunt,
kill or capture an ostrich in a game reserve shail be
guilty of an offence against the aforesaid Ordinance :
And provided further that nothing in this Ordinance
shall be deemed to prohibit the Governor from
granting a special licence to any person to hunt or
capture an ostrich for scientific or administrative
reasons.
ENTEBBE, ALEXANDER BOYLE,
28TH OctToseEr, 1909. Acting Governor.
Crap. 30.] Companies. 495
(c)—CorpPorATIONS, TRADE AND FINANCE.
CHAPTER XXX.
CoMPANIES.
No. 12 of 1905. The Uganda Companies Ordinance, 1905.
No. 12 of 1905
COMPANIES. !
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Uganda Companies
Ordinance, 1905.”
2. The Indian Companies Act (Act No. VI. of 1882) together
with the amending Acts, No. VI. of 1887 and No. XII. of 1895,’
and also The Indian Companies (Branch Register) Act (Act
No. IV. of 1900), are hereby applied to the Uganda Protectorate.’
3. In the application of the said Acts to the Protectorate the
following modifications shall be made, that is to say :—
(z.) In the said Acts the Uganda Protectorate shall be
substituted for British India or any part thereof, and Entebbe
shall be substituted for any town mentioned in the said Acts.
(i.) The powers of the Governor-General in Council and
the powers of the local Government under the said Acts shall
be exercisable by the Commissioner.
_ 4. For any bank mentioned in the said Acts shall be sub-
stituted such bank or person as the Court may direct.
‘For restriction on mining companies and syndicates with regard to mining, etc., leases, see
Rule 32 of The General Mining Rules, Chap. 26, ante.
248 to civil suits by or against companies, see Sections 435 and 436 Civil Procedure Code.
Corrected, as here printed, by notice 19th April, 1906. Gazette, page 184.
* As to subsequent amending Acts, see The Applied Indian Acts Ordinance, 1909, Chap. 7, ante,
496 Laws of the Uganda Protectorate. [Cuap. 30,
5. Notifications required by the said Acts to be published
in any Gazette shall be published in such manner as the
Commissioner may direct.
6. The powers exercisable by any Court under the said
Acts shall be exercisable by His Majesty’s High Court of
Uganda, or such other Courts as may be from time to time
ordered by procedure rules, and the powers and duties exercisable
by any person or persons under the said Acts shall be exercis-
able by such person or persons us the Commissioner may direct.
7. The Court shall have power to construe the said Acts
with such alterations not affecting the substance as may be
necessary or proper to adapt the same to the matter before the
Court.
ENTEBBE, GEORGE WILSON,
2ist DECEMBER, 1905. Acting Commissioner.
NOTICE.
Unver THE Ucanpa CoMPANIES ORDINANCE, 1905.
I hereby direct that the fees payable in respect of the matters referred to in The
Indian Companies Act, 1882, Sub-section 220 (e), shall be the fees mentioned in the
said sub-section.
ENresse, H. HESKETH BELL,
10TH Marca, 1908. Governor.
Cuap. 31.] Corporations.
497
CHAPTER XXXI.
CoRPORATIONS, !
No. 6 of 1908. The Church of England Trustees Ordinance, 1908.
No. 16 of 1909. The Land (Perpetual Succession) Ordinance, 1909.
No. 6 of 1908.
CHURCH OF ENGLAND TRUSTEES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as ‘The Church
of England Trustees Ordinance, 1908.”
2. A body of trustees may be appointed in any
place to which this Ordinance shall be applied for the
purpose of accepting by bequest, donation, contract
or otherwise and of holding any land or contributions
which may be given to or acquired by them for the
ecclesiastical purposes of such place according to the
tenets and doctrines of the Church of England: Pro-
vided always that such trustees shall not hold more
than two acres of land without the consent of the
Governor in writing.
3. The trustees shall consist of the Bishop of
Uganda and of two householders or owners or occu-
piers of land in the said place, to be chosen in the
first instance, and also from time to time on any
vacancy in the office by death, incapacity, or resigna-
tion, one by the Governor, and the other by the Bishop
of Uganda. Such trustees shall be Europeans.
4. The trustees shall be a body corporate by the
name of the church trustees of the place to which they
belong, having a perpetual succession and a common
seal, with power to sue and to be sued in the corporate
name. And until such common seal shall be provided
the seal of the Bishop of Uganda may be used as the
common seal. :
_ | As to suits by and against corporations, see Sections 435 and 436 of The
Civil Procedure Code. ;
32
Mode of citation,
Trustees and their
powers.
Constitution of
trustees.
Trustees to be a
body corporate.
498
Laws of the Uganda Protectorate. [CHap. 31,
Application offunds
in hands of trustees.
Investment of
surplus funds.
Bishop of Uganda
to be chairman of
trustees.
Absence of Bishop
from Uganda.
Annual accounts.
The Governor may
apply the Ordinance
by proclamation
and may make
rules,
5. The trustees may from time to time, as cir-
cumstances may require, apply, or cause to be applied,
either to the general ecclesiastical purposes of such
place, or to any specific ecclesiastical purposes of such
place, any funds in their hands, and the funds so
applied may be applied to such purposes, and shall
not be applied to any other purpose: Provided always
that due regard shall be had to the directions of the
donors of funds contributed for any special ecclesi-
astical purposes.
6. Subject as aforesaid the trustees may invest
in Government or real securities any funds in their
hands, and accumulate the income thereof, or otherwise
deal with such funds as they think expedient, subject
to the provisions of this Ordinance.
7. The Bishop of Uganda shall be the chairman
of the trustees.
8. In the event of the temporary absence from
the Protectorate of the Bishop of Uganda such other
ecclesiastical authority as the Bishop may appoint
shall act in his place, and exercise all the powers and
duties by this Ordinance conferred upon the Bishop
of Uganda.
9. The trustees shall once in every year for the
purposes of verification and audit lay before a body
consisting of not less than three members of the con-
gregation, other than the trustees, to be appointed by
the Bishop of Uganda, an account of their receipts
and expenditure during the preceding year, and the
mode in which such receipts have been derived and
expenditure incurred, together with a statement of
the amount, if any, of the funds remaining in their
hands at the date of such account.
10. The Governor may by Proclamation apply
this Ordinance to any place the boundaries of which
are defined, or may define such boundaries for the
purposes of this Ordinance, and may make Rules
generally for the carrying into effect the provisions of
this Ordinance.
H. HESKETH BELL,
Governor.
ENTEBBE,
20TH Marcu, 1908.
Cuap. 31.] Corporations.
499
PROCLAMATION.
Unper THE CHurcH oF ENGLAND TRUSTEES ORDINANCE, 1908.
I hereby apply the above-mentioned Ordinance to the township
of Entebbe.
ENTEBBE, H. HESKETH BELL,
20TH Marcu, 1908. Governor.
No. 16 of 1909.
Land: Perpetual Succession.
It is hereby enacted as follows :—
1, This Ordinance may be cited as ‘The Land
(Perpetual Succession) Ordinance, 1909.”
2. Trustees or a trustee may be appointed by
any body or association of persons established for
any religious, educational, literary, scientific, social,
or charitable purpose, and such trustees or trustee
may apply, in manner hereinafter mentioned, to the
Governor for a certificate of registration of the
trustees or trustee of such body or association of
persons as a corporate body; and if the Governor,
having regard to the extent, nature, and objects and
other circumstances of such body or association of
persons, shall consider such incorporation expedient,
he may grant such certificate accordingly, subject to
such conditions or directions generally as he shall
think fit to insert in such certificate, and particularly
relating to the qualifications and number of the
trustees, their tenure and avoidance of oftice, the
mode of appointing new trustees, the custody and
use of the common seal, the amount of the land
which such trustees may hold, and the purposes
for which such land may be applied ; and the trustees
or trustee shall thereupon become a body corporate by
the name described in the certificate, and shall have
perpetual succession and a common seal, and power
to sue and be sued in such corporate name, and
subject to the conditions and directions contained
in the said certificate to hold and acquire, and by
32a
Short title.
Upon application of
trustees Governor
may grant certifi-
cate of registration
as a corporate body.
500
Laws of the Uganda Protectorate. [CHap. 31,
Estate to vest in
body corporate.
Particulars re-
specting applica-
tion.
Nomination of
trustees, and filling
up vacancies.
instruments under such common seal to convey,
assign and demise, any land or any interest therein
now or hereafter belonging to, or held for the benefit
of, such body or association of persons, in such and
the like manner, and subject to such restrictions
and provisions, as such trustees or trustee might,
without such incorporation, hold or acquire, convey
or assign, or demise the same for the purposes of
such body or association of persons.
3. The certificate of incorporation shall vest in
such body corporate all land or any interest therein, '
of what nature and tenure soever, belonging to or
held by any person or persons in trust for such body
or association of persons.
4. Every application to the Governor for a cer-
tificate under this Ordinance shall be in writing,
signed by the person or persons making the same,
and shall contain the several particulars specified in
the schedule hereto, or such of them as shall be
applicable to the case. The Governor may require
such declaration or other evidence in verification of
the statements and particulars in the application, and _
such other particulars, information, and evidence, if
any, aS he may think necessary or proper.
5. Before a certificate of incorporation shall be
granted, the said trustees or trustee shall have been
effectually appointed to the satisfaction of the Gov-
ernor, and where a certificate of incorporation shall
have been granted vacancies in the number of the
said trustees shall from time to time be filled up so
far as shall be required by the constitution or settle-
ment of the said body or association of persons, or by
any such conditions or directions as aforesaid, by such
legal means as would have been available for the
appointment of new trustees of the said body or
association if no certificate of incorporation had
been granted, or otherwise as shall be required by
such conditions or directions as aforesaid, and the
appointment of every new trustee shall be certified
by, or by the direction of, the trustees to the Governor
upon the completion of such appointment ; and within
one month after the expiration of each period of five
years after the grant of a certificate of incorporation,
or whenever required by the Governor, a return shal
Cuap. 31.] Corporations.
501
be made to the Governor by the then trustees or
trustee of the names of the trustees at the expiration
of each such period, with their residences and
additions.
6. A certificate of incorporation so granted shall
be conclusive evidence that all the preliminary
requisitions herein contained and required in respect
of such incorporation have been complied with, and
the date of incorporation mentioned in such certificate
shall be deemed to be the date at which incorporation
has taken place.
7. The Governor shall, in such manner as he shall
think fit, direct a record to be kept of all such appli-
cations for and certificates of incorporation, and shall
in like manner direct all documents sent to him under
the provisions of? this Ordinance to be preserved, and
any person may require a copy or extract of any such
document to be certified under the hand of such per-
son as shall be appointed for that purpose by the
Governor, and there shall be paid for such certified copy
- or extract such reasonable fee as may be prescribed by
the Governor.
8. All conditions and directions inserted in any
certificate of incorporation shall be binding upon and
performed or observed by the trustees or trustee as
trusts of the said body or association of persons.
9. Every application for a certificate of incor-
poration under this Ordinance and every such cer-
tificate shall be charged with a fee of seven rupees
and fifty cents.
10. After the incorporation of the trustees or
trustee of any association or body of persons pursuant
to this Ordinance, every donation, gift, and disposition
of land, or any interest therein, theretofore lawfully
made (but not having actually taken effect), or here-
after lawfully made, by deed, will, or otherwise to or
in favour of such body or association of persons, or
the trustees thereof, or otherwise for the purposes
thereof, shall take effect as if the same had been made
to, or in favour of, the corporate body or otherwise
for the like purposes.
; Corrected, as here printed, by notice in the Gazette for 1st January, 1910,
page 2.
Certificate to be
evidence of com-
pliance with
requisitions.
Record of appli-
cations and docu-
ments to be kept,
and may be
inspected.
Enforcement of
conditions of
certificate.
Applications and
Certificates : fees.
Gifts to vest in
corporate body.
502
Laws of the Uganda Protectorate. [CHap, 31
Common seal,
Petition to decide
question whether
person is a mem-
ber of a corporate
body.
11. The common seal of the corporate body shall
have such device as may be approved by the
Governor, and until such common seal is provided the
seal of some person may be authorised by the Governor
for use as thecommon seal of the corporate body. Any
instrument to which the common seal of the corporate
body has been affixed, in apparent compliance with
the regulations for the use of such common seal
referred to in Section 2, shall be binding on such cor-
porate body, notwithstanding any defect or circum-
stance affecting the execution of such instrument.
12. When any question arises as to whether any
person is a member of any such corporate body as
aforesaid, any person interested in such question may
apply by petition to the High Court for its opinion on
such question. Notice of the hearing shall be given to
such persons and in such manner as the Court shall
think fit, and any opinion given by the Court on an
application under this section shall be deemed to have
the force of a declaratory decree.
ALEXANDER BOYLE,
ENTEBBE, Acting Crovernor.
24TH AvuGusT, 1909.
SCHEDULE.
The objects of the body or association of persons,
and the rules and regulations of the same, together
with the date of, and parties to, every deed, will, or
other instrument, if any, creating, constituting, or
regulating the same.
A statement and short description of the land, or
interest in land, which at the date of application 1s
possessed by, or belonging to, or held on behalf of such
body or association of persons.
The names, residences, and additions of the said
trustees of such body or association of persons.
The proposed title of the corporate body, of
which title the words “ trustees” and “ registered
shall form part.
The proposed device of the common seal.
The regulations for the custody and use of the
common seal.
Cap. 32. | Trade. 503
CHAPTER XXXII.
TRADE!
No. 5 of 1904. The Uganda Trade Ordinance, 1904,
No. 5 of 1904.
TRADE.
It is hereby enacted as follows :—
1. The issue of traders’ licences under “ The Traders’ Regu-
lations, 1902,” will be discontinued from and after the date of this
Ordinance.
2. The Commissioner may by Proclamation prohibit trade by
’ persons other than persons -licensed under the provisions of this
Ordinance in any province or district of the Protectorate; but
except in such provinces or districts no traders’ licences shall be
required.
3. Licences to trade in provinces or districts in which the
Commissioner has prohibited trade by unlicensed persons may be
issued for such periods and upon such terms, and by such officers,
as the Commissioner may by rule prescribe.’
4. The Commissioner may require such security as he may
deem fit to be given by any applicant for a licence under this Ordi-
nance for the due observance of the laws in force in the Protec-
torate for the time being.
_ 5. Any unlicensed person trading in a province or district
in which the Commissioner has prohibited trade by unlicensed
_) For regulations for coasting trade, see Sections 37-40 of The Uganda Customs Consolidation
Ordinance, 1904, Chapter 16, ante, page 264. As to credit trade, with military, see Section 63 of
The King’s African Rifles Ordinance, 1902, Chapter 58, post; with police, see Section 74 of The
Uganda Police Ordinance, 1908, Chapter 12, ante. As to dangerous and offensive trades in town-
ships, see Rule 65 of The Townships Rules, 1903, Chapter 17, ante, page 299. As to trade in arms,
see Part IV. of The Uganda Arms Ordinance, 1906, Chapter 10, ante. As to trade in poisons,
opium and liquors, see Chapters 40-42, post. As to offences relating to copyright, designs, inventions
and trade-marks, see Article 55 of The Africa Order in Council, 1889, page 121; and Section 478
to 489 of The Penal Code. As to the sale and export of ball rubber, see The Adulteration of Produce
Regulations, 1901, page 560; see also Brokers, Chapter 33, post.
3 Licences to trade in ‘‘ closed ’’ districts are ordinarily made available for one year only, sec
notice 12th March, 1907, under The Outlying Districts Ordinance, 1904, Chapter 14, ante, page 242.
504 Laws of the Uganda Protectorate. [Cuap. 32,
persons shall be guilty of an offence, and liable to a fine not exceed-
ing 1,000 rupees, or to imprisonment of either kind not exceeding
two months, or to both fine and imprisonment.
6. Nothing herein contained shall be deemed to permit trade
in any articles the sale of which is prohibited under “ The Customs
Regulations, 1900,” or “ The Uganda Game Regulations, 1900,”*
or under any other Regulations, Ordinance, or rules in force in the
Protectorate, or in cow elephant ivory, tusks under 11 lbs. in weight
of immature male elephants or kauri shells. *
7. Nothing herein contained shall be deemed to affect trade in
any article for the sale of which a licence is required under, or the
sale of which is regulated by, any Regulations, Ordinance, or
rules in force in the Protectorate.
8. “ The Traders’ Regulations, 1902,” are hereby repealed,
except as to unexpired licences issued thereunder.
9. This Ordinance may be cited as “The Uganda Trade
Ordinance, 1904.”
J. HAYES SADLER,
His Majesty’s Commissioner.
PROCLAMATION.
Unper THe Ucanpa TraDE ORDINANCE, 1904.
In exercise of the powers vested in me by The Uganda Trade Ordinance, 1904,
I hereby prohibit trade, by persons other than persons licensed under the pro-
visions of the said Ordinance, in the districts of the Rudolf Province and in the
districts of Karamoja and Labor in the Eastern Province, so long as the said
districts are ‘‘ closed districts ’’ under The Uganda Outlying Districts Ordinance,
1904.
Licences to trade in the said districts may be issued by the persons for the
periods and upon the terms set forth in the following :—
RULEs.
1. Licences may be issued by the Collector, or in his absence by the Assistant
Collector, stationed at Mbale, hereinafter referred to as the Collector.
2. The Collector may, without assigning any reason, refuse to issue a licence,
and may cancel a licence already issued.
3 Now The Uganda Customs Consolidation Ordinance, 1904, g.v., page 257.
4 Now The Uganda Game Ordinance, 1906, g.v., page 463.
5 As to trade in female and immature ivory, see Section 7 of The Uganda Game Ordinance, 1906
Chapter 29, ante, page 466.
Cuap. 32. | Trade. 505
3. Licences to trade under these rules shall be issued only to persons
authorised to enter the said districts by licence under The Uganda Outlying
Districts Ordinance, 1904.
4, The licence shall specify the particular district or districts in which trade
is permitted, and the period for which the licence is valid.
5. The licence shall extend only to the person named in the licence, and the
licence shall specify whether the licensee is trading as principal, or as an agent
for another person.
6. Except with the special sanction of the Governor, a licensee under these
rules holding a game licence shall not take into the districts in which he is licensed
to trade more than two rifles, other than rook rifles, more modern than a Martini,
and shall not take more than 300 rounds of ammunition per rifle for each year
or part of a year during which the licence under these rules is valid.
7. No person licensed to trade under these rules shall be accompanied by a
caravan of more than 150 porters ; and the number of rifles with any one caravan
shall not exceed :—
For a caravan of 30 porters or under ... ei wah ... 10 rifles.
For a caravan of more than 30 porters but under 100 porters 20 rifles.
For a caravan of more than 100 porters fe ee ... 380 rifles.
8. The Collector may require a licensee to take out a separate permit to travel
for each porter in the caravan, to be carried by such porter.
9. The porters shall be registered under The Native Labour Ordinance, 1905,
and any death in a caravan shall be reported to the nearest administrative official
within one month of the date of the death.
10. Every licensee shall deposit with the Collector such sum, not exceeding
500 rupees, by way of security for the due observance of the provisions of these
rules and of the laws for the time being in force in the Protectorate, as the
Collector shall fix.
ENTEBBE, H. HESKETH BELL,
31st OctoserR, 1908. Governor.
506 Laws of the Uganda Protectorate. [Cuap, 33,
CHAPTER XXXITI.
BROKERS.
No. 1 of 1902. The Brokers Regulations, 1902.
No. 1 of 1902."
BROKERS.
1. From and after the date of these regulations no person
shall carry on the trade of a broker, ? pawnbroker, money-changer,
gold or silversmith in the Uganda Protectorate save as herein-
after provided.
2. Any person desirous of carrying on any of the trades men-
tioned in Article 1 must first obtain a licence from the Sub-Com-
missioner of the province in which he intends to trade, or from
such person as the Sub-Commissioner may appoint for the purpose,
and must pay the fees specified in the annexed schedule.
3. The licensing authority may refuse to grant a licence with-
out assigning any reason, but shall record reasons for the informa-
tion of the Commissioner. It shall be a good cause for refusal
that the applicant cannot keep, or cause to be kept, proper business
books.
4. All licensees who can read and write, or can afford to keep
a clerk, shall keep proper business books.
5. Every licence shall specify the place or places at which the
trade may be carried on, and the licensee shall not carry on such
trade elsewhere save on particular occasions by direction of a
Court or permission of the licensing authority : Provided that any
licensee may be authorised by his licence to carry on business n
the streets.
1 As to Sub-Commissioners under this Ordinance, see No. 14 of 1908, and notices in Chapter 9,
ante,
2 As tothe sale of liquors by auction, see exemption in the rules of 10th March, 1908, and
14th October, 1903, under The Uganda Liquor Ordinance, 1903, Chapter 41, post, page 570.
Crap. 33. ] Brokers. 507
6. Every licence granted under these Regulations shall expire
on the 31st day of December next following its issue. _
7. Brokers will be of two classes, “ official ” and “ ordinary.”
Any person desirous of becoming an official broker must find two
sureties approved by the Sub-Commissioner, or such person as he
may appoint, who will enter into a bond to the extent of 1,000
rupees each for his good behaviour.
8. Except for special reasons the Courts and Government
officials shall employ official brokers in preference to ordinary
brokers.
9. No person carrying on any of the trades mentioned in
Article 1 shall sell or dispose of, or in any way alter the shape, con-
ditions or nature of, any article offered to him for purchase, sale,
exchange, or otherwise, within forty-eight hours after he shall
have received the actual possession of such article.
10. Every person carrying on any of the trades mentioned in
Article 1 shall, during the forty-eight hours aforesaid, deposit
and keep any article or articles offered to him for purchase, sale,
exchange, or otherwise, at such place or places only as may be des-
cribed on his licence.
11. Every person carrying on any of the trades mentioned in
Article 1 shall bring to the notice of the police any case in which
he has reason to believe that any article offered to him is stolen
property, and shall allow the police at any time to enter and inspect
his house and premises on production of an order from the chief
police-officer of the district.
12. Any person carrying on any of the trades mentioned in
Article 1 shall, on conviciton for a breach of these Regulations,
in addition to any other penalties to which he may have rendered
himself liable, be liable to the penalties provided for a breach of
King’s Regulations and to the forfeiture of his licence.’
13. These Regulations may be cited as “ The Brokers Regula-
tions, 1902.”
F. J. JACKSON,
H.M. Acting Commissioner and Consul-General.
3RD JANUARY, 1902.
Allowed: LANSDOWNE,
H.M. Principal Secretary of State for Foreign A ffatrs.
3 As to punishment for breach of King’s Regulations, see note 2 to page 128.
508 Laws of the Uganda Protectorate. [CHap. 33.
SCHEDULE.
The fees leviable in respect of licences under these Regulations
shall be as follows :—
Rupees.
Licence for ordinary broker ies 10
a official 3 we on 20
re pawnbroker ee ip 10
. money changer au bs 5
i: gold or silversmith ... ae 5
Provided that His Majesty's Commissioner may at his dis-
cretion authorise a reduction in the above-mentioned fees in case
of licences issued after the 30th June in any year.
Cuap. 34.] Documents— Registration. 509
CHAPTER XXXIV.
DocUMENTS— REGISTRATION,
No. 3 of 1904. The Uganda Registration of Documents Ordinance, 1904.
No. 8 of 1904. The Uganda Registration of Documents Amendment Ordinance,
1904.
No. 4 of 1905. The Registration of Documents Ordinance, 1905.
No. 3 of 1904.!
REGISTRATION OF DOCUMENTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The shorttitic
Uganda Registration of Documents Ordinance,
1904.”
2. In this Ordinance, unless there be something Iterpretation.
repugnant in the subject or context—
“Signature ” and “signed” include and
apply to the fixing of a mark;
“Immovable property” includes land,
buildings, rights of way, lights, ferries, fisheries,
and any other benefit to arise out of land and
things attached to the earth or permanently fast-
ened to anything which is attached to the earth,
but not standing timber, growing crops, or grass;
“ Book ” includes a portion of a book, and
also any number of sheets connected together
with a view to form a book or portion of a book;
“ Indorsment ” and “ indorsed ” include and
apply to an entry in writing by a registering
officer on a rider or covering slip to any document
tendered for registration under this Ordinance;
' This Ordinance does not apply to documents to which The Registration
of Land Titles Ordinance 1908, applies. See Land, Chapter 25, ante, page 396,
510
Laws of the Uganda Protectorate. [Cuap. 34,
Registration dis-
tricts.
Registers, where
kept.
Documents of
which registration
is compulsory.
Documents of
which registration
is optional.
* Minor” means a person who, according
to the personal law to which he is subject, has
not attained majority;
“ Representative ” includes the guardian of
a minor, and the committee or other legal curator
of a lunatic or idiot;
“ Principal Registry ” applies to the regis-
ter kept at Entebbe or such other place as the
Commissioner may appoint, and “district
registry” to the register kept in any other
district ;
“ Registrar ” applies to such person as may
from time to time be appointed by the Commis-
sioner to exercise the duties of a Registrar of
Documents.
“ Principal Registrar ” means such person
as may from time to time be appointed by the
Commissioner to exercise the duties of the
Principal Registrar of Documents.”
3. (1) The Commissioner shall, by order pub-
lished in the Gazette, divide the Protectorate into
districts, for the purposes of this Ordinance, herein
referred to as Registration Districts, and may from
time to time, by like order, alter the Registration
Districts either by alteration of boundaries or by
union or sub-division of districts, or by the formation
of new districts.
(2) A register shall be kept in each Registration
District of the Protectorate.
4. All documents conferring, or purporting to
confer, declare, limit, or extinguish any right, title,
or interest, whether vested or contingent to, in or over
immovable property (other than such documents as
may be of a testamentary nature), shall be registered
as hereinafter prescribed. *
5. Any other document may be registered at the
option of the person holding the same, provided that
® The Principal Registrar is a Deputy Sub-Commissioner for the purpose
of The Indian Stamp Act as applied to Uganda by The Uganda Stamp Ordinance,
1903 ; see notice 1st April, 1905, Chapter 9, ante, page 150. :
8 See note! above. As to the registration of Provisional Certificates of
Claim issued under The Uganda Agreement, 1900, see Section 2 of No. 4 of
1905, following. Documents registered under The Uganda Land Regulations,
1897, need not be re-registered under this Ordinance; see Section 3 of No. 4 of
1905, following. :
Cuap. 34. ] Documents— Registration.
a registrar may refuse to register any such document,
for reasons to be stated by him in writing.
6. If any document duly presented for registra-
tion be in a language which the registering officer
does not understand, the registrar may refuse to
register the same unless it be accompanied by a true
translation in English, certified to the satisfaction of
the registrar, and also by a true copy of the original
document.
7. The registrar may, in his discretion, refuse
to accept for registration any documents in which
any interlineation, blank, erasure, or alteration ap-
pears, unless the persons executing the document
attest their signature or initials to such interlinea-
tion, blank, erasure or alteration. If he registers
such document, he shall, at the time of registering the
same, make a note in the register of such interlinea-
tion, blank, erasure, or alteration.
8. No non-testamentary document relating to im-
movable property shall be accepted for registration
unless it contains a description of such property
sufficient to identify the same.
9. Every document, the registration whereof is
compulsory, shall, if already executed, be registered
within two months after the commencement of this
Ordinance, and every document subsequently exe-
cuted shall be registered within two months after its
execution, and if executed outside the limits of the
Protectorate shall be registered within two months
after its arrival in the Protectorate.
_ 10. If any such document be not registered with-
in the time prescribed, the person in whose favour
the document is made, or his successor in title, shall
be liable to the payment of a fine, not exceeding ten
times the prescribed registration fee on the document
in question, with a maximum of 500 rupees, and the
Tegistrar may impose the fine in his discretion and
delay registration until payment of such fine.
11. Every document presented for registration
under Article 4 of this Ordinance shall be registered
at the registry of the district in which the property
Documents in
language not under-
stood by registering
officer.
Documents contain-
ing interlineations,
blanks, erasures, or
alterations.
Description of
parcels,
Time for presenting
documents,
Penalty for non-
registration within
prescribed time.
Place for registering
documents.
512
Laws of the Uganda Protectorate. [Cuap. 34,
Persons to present
documents for regis-
tration.
Inquiry before regis-
tration, by regis-
tering officer.
Procedure on
admission of
execution.
Procedure on denial
of execution, &c.
Procedure where
appearance of
executant or witness
is desired.
affected is situate; and every document presented
under Article 5 shall be registered either at the prin-
cipal registry or at the registry of the district in
which the document was executed, or at the registry
of the district at which all the persons executing and
claiming under the document desire the same to be
registered.
12. Every document presented for registration
shall be presented by the party executing or claiming
an interest under it or his agent, or attorney, duly
appointed, or by the representative or assign of such
person.
13. The registrar shall take such steps to satisfy
himself as to the identity of the person presenting
a document for registration, and of the right of such
person to appear, as he may deem necessary or desir-
able, and shall inquire whether or not such document
was executed by the person by whom it purports to be
executed.
14. If all the persons executing the document
shall appear personally before the registrar, and
satisfy him they are the persons they represent them-
selves to be, and if they all admit the execution of the
document, or in the case of any person appearing by
his representative, assign, or agent, such representa-
tive, assign, or agent admits the execution;
Or, if the person executing the document is dead,
and his representative or assign appears before the
registrar and admits the execution, the document
shall be registered as provided by this Ordinance.
15. If any of the persons by whom the document
purports to be executed deny its execution, or if any
such person appears to the registrar to be a minor,
an idiot, or a lunatic, or if the person by whom the
document purports to be executed is dead, and his
representative or assign denies its execution, the
registrar shal] refuse to register the document.
16. If any person presenting a document for
registration desires the appearance of any person
whose presence or testimony is necessary for the regis-
tration of such document, the registrar may, in his
Cuap. 34.] Documents—Registration.
513
discretion, call upon the Court of the district or the
High Court to issue a summons requiring him to
appear at the registry either in person or by duly
authorised agent as in the summons may be men-
tioned, and at a time named therein.
17. Any document, the registration of which is
compulsory under this Ordinance, shall not, unless
duly registered, be received as evidence in any trans-
action affecting the property to which the document
relates except with the consent of the Court, and upon
such terms and conditions as the Court may impose :
Provided always that nothing in this Ordinance shall
make any document inadmissible in any criminal
proceeding.
18. The following books shall be kept in all regis-
tration effects :—
_ (1) Register of documents of which the registra-
tion is compulsory.
_ (2) Register of documents of which the registra-
tion is optional.
(3) Register of reasons for refusal to register.
_ 19. On a document being presented for registra-
tion the registrar shall give a receipt therefor, and
such receipt shall be produced upon any application
for the return of the document to which it relates.
20. In the event of a receipt being lost, the
registrar may deliver the document to which it refers
to the owner or his duly authorised agent, upon being
satisfied as to the applicant’s right thereto, and he
may also require a reasonable indemnity before
delivering the document.
21. Upon receipt of any instrument for regis-
tration relating to immovable property, the registrar
may, in his discretion, give public notice thereof in
such manner, with such particulars, as the Principal
Registrar may from time to time direct.
22. Any person who may have cause to object to
the registration of any document may lodge a protest
with the registrar, stating the grounds of his objec-
tion, and upon receipt of such protest the registrar
33
When unregistered
documents may be
received as evidence,
Registration books.
Receipt to be given
by registrar for
every document
presented, &c.
Procedure when
such receipt lost.
Public notice may be
given of documents
affecting immovable
property.
Procedure when
objection lodged to
registration,
514
Laws of the Uganda Protectorate. [Cuar. 34.
Copy to be made in
register of every
instrument admitted
to registration.
Indexes,
Certificate for
registration to be
indorsed on
document.
Date of registration.
Return of document.
Procedure on pre-
sentation of docu-
ment in language
unknown to regis-
tering officer.
Principal Registrar
to exercise a general
superintendence.
shall inquire into the matter, and either refuse to
register or delay the registration for a period of four-
teen days from the date of his decision.
23. The registrar shall cause a complete copy to
be made in the register of every instrument to be
registered, every such copy shall be numbered consecu-
tively, and bear the day of the month and the year
when it was presented for registration. All copies
shall be entered in the register in the order in which
they are presented for registration.
24. At each registry indexes shall be kept of all
registered documents in such form and containing
such particulars as the Principal Registrar may
direct.
25. A certificate of registration signed by the
registrar shall be indorsed on every registered docu-
ment showing the number of the document in the
register and the date of the registration.
26. The day upon which a document is presented
for registration shall be deemed to be the date of the
registration.
27. Upon completion of the registration of any
document the registrar shall, on production of the
receipt referred to in Article 19, or, if the receipt be
lost, upon being satisfied as to the applicant’s right,
and, upon taking indemnity as provided in Article
20, return the document.
28. When a document is presented for registra-
tion under Article 6, the translation shall be trans-
cribed in the register of documents as of the nature of
an original, and, together with the copy referred to
in Article 6, shall be filed.
The indorsement shall be made on the original,
and for the purpose of making copies and memoranda
the translation shall be treated as if it were the
original.
29. The Principal Registrar may exercise a gen-
eral superintendence over all the registration offices
in the Protectorate.
Cuap. 34. | Documents— Registration.
515
30. Every registrar may, at his discretion, ad-
minister an oath to any person examined by him
under this Ordinance.
31. Every registrar refusing to register a docu-
ment shall make an order of refusal and record his
reasons for such order in the book prescribed in
Article 18, and shall indorse the words “registration
refused ” on the document, and on application made
‘by any person executing or claiming under the docu-
ment shall, without payment and unnecessary delay,
give him a copy of the reasons so recorded.
32. An appeal shall lie against an order of
refusal from any registrar to the Principal Regis-
trar, and the Principal Registrar may reverse or alter
such order; and if the order of the Principal Regis-
trar directs the document to be registered the
registrar shall obey the same.
33. When the Principal Registrar has refused
to register a document under Article 32, and also
when on a document presented to him for registra-
tion he has refused to register, any person claiming
under such document, or his representative, assign, or
agent may, within thirty days after the making of the
order of refusal, institute in the High Court a suit
for a decree directing the document to be registered in
such office, and, notwithstanding anything contained
in this Ordinance, the document shall be receivable
as evidence in such suit.
34. The Court may remit or reduce any of the
prescribed fees in special cases for reasons to be
recorded.
35. No registering officer shall be liable to any
suit, claim, or demand by reason of anything in good
faith done or refused in his official capacity.
36. Nothing done in good faith pursuant to
this Ordinance by any registering officer shall be
deemed invalid merely by reason of any defect in his
Appointment or procedure,
A
Power to administer
oaths.
Reasons for refusal
to register to be
recorded.
Appeals.
Procedure on refusal
to register by
Principal Registrar.
Court may remit
fees.
Registering officer
not liable for thing
bond fide done, or
refusal in his official
capacity.
Nothing so done
invalidated by
defect in appoint-
ment or procedure.
516
Laws of the Uganda Protectorate. (Crap. 34,
Registration of
documents executed
by public officers.
Registers may be
searched.
Rules to be made
and fees to be fixed
by Commissioner.
Repeal.
Commencement.
37. Notwithstanding anything herein contained,
it shall not be necessary for any officer of the Govern-
ment to appear in person or by his agent at any regis-
tration office in any proceedings connected with the
registration of any instrument executed by him in
his official capacity. But when any instrument is so
executed, the registering officer to whom it is pre-
sented for registration may, if he think fit, refer to
such officer for information, and upon being satisfied
shall register the instrument.
38. Subject to such precautionary directions as
may be given by the Principal Registrar, and _pay-
ment of the prescribed fees, every register shall, at
such times as the registrar may direct, be open to
be searched and examined by any applicant, and cer-
tified copies of any document or extract therefrom
may be obtained on application to the registrar.
But no person shall be permitted to copy any
document or to take any note or memorandum relat-
ing thereto, except the registered number and the
date of the registration. ‘
39. The Commissioner may make rules for carry-
ing into effect the provisions of this Ordinance, and
may by rule prescribe the fees to be charged.
40. The words “in the office of the Commis-
sioner ” in Article 6 of “ The Uganda Land Regula-
tions, 1897,” are hereby repealed.
41.*
J. HAYES SADLER,
H.M. Commissioner.
ENTEBBE,
23RD FEBRUARY, 1904.
4 This section was repealed by Ordinance No. 8 of 1904, following, and the
Ordinance was brought into operation on the Ist September, 1904; see notice
Ist July, 1904, following.
Cuap. 34. ] Documents— Registration.
517
No. 8 of 1904.
REGISTRATION OF DOCUMENTS.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Uganda
Registration of Documents Amendment Ordinance,
1904.”
2. The Uganda Registration of Documents Ordin-
ance No. 3 of 1904, shall commence and come into
operation on such date as the Commissioner shall by
notice in the Gazette appoint.*®
3. Section 41 of the said Ordinance is hereby
repealed.
J. HAYES SADLER,
A.M. Commissioner.
ENTEBBE,
147TH May, 1904.
No. 4 of 1905.
REGISTRATION OF DOCUMENTS.
It is hereby enacted as follows :-—
1. This Ordinance may be cited as “ The Regis-
tration of Documents Ordinance, 1905.”
2. Provisional certificates of claim issued under
The Uganda Agreement, 1900, to native land owners
need not be registered under The Uganda Registra-
tion of Documents Ordinance, 1904.
Copies of such documents shall be filed in the
Land Office, and such copies shall, at such times as the
Land Officer may direct, be open to be searched and
examined by any applicant, and certified copies or
5 See Note 4.
Short title.
Alteration of date
for commencement
of Registration of
Documents Ordi-
nance, 1904,
Repeal.
Short title,
Registration of pro-
visional certificates
of claim.
518 Laws of the Uganda Protectorate. [CHap. 34,
extracts therefrom may be obtained on application
to the Land Officer upon payment of the same fees
as prescribed under The Uganda Registration of
Documents Ordinance, 1904.
Prior registration, 3. Documents registered in the office of the Com-
missioner under The Uganda Land Regulations,
1897, need not be re-registered under The Uganda
Registration of Documents Ordinance, 1904.
GEORGE WILSON,
Acting Commissioner.
ENTEBBE,
10TH APRIL, 1905.
RULES.
Unper Section 39 or Tue Ucanpa Recistration oF Documents
Orpinance, 1904.
1. The following fees shall be levied for the several matters to which they are
applicable :—
Rs. a. p.
(i.) On the registration of any document not otherwise charged, the
registration of which is compulsory—*
(a) For the first 100 words or part thereof, where the value
of the property conveyed or affected is less than
100 rupees its vas i a say . 38 00
(b) For the first 100 words or part thereof, where the value
of the property conveyed or affected is 100 rupees
or over ae i ve ons : 5 0 0
(c) For every further 100 words or part thereof ... . 0 8 0
* Exemption—
Temporary admission of claims issued (pending
final adjustment) to native land owners.
(ii.) On the registration of any documents not otherwise charged,
registration of which is optional—
(a) For the first 100 words or part thereof aa a 209
(6) For every further 100 words or part thereof au. 0 3 8
(iii.) For the translation of a document—
(a) For the first 100 words or part thereof ~ sa 89
(6) For every further 100 words or part thereof . 400
8 annas per cent. on the value
(iv.) On the registration of promissory notes, expressed, such charge not to
receipts, or acknowledgments ... be less than 1 rupee or more
than 5 rupees.
Cuap, 34.]| Documents— Registration. 519
(v.) On search— Rs. a. p.
(a) For specified deed sit es ’ oe we Ll @ 0
( 5 rupees for each year searched,
(6) For general search not exceeding 50. rupees.
(vi.) For copies—
Certified : ‘ Rs. a. p.
(a) For the first 100 words or part thereof... ae - 2 0 9
(0) For every further 100 words or part thereof ... « 1 0 0
Of vl 12 rupees or such other sum as
(¢) Eee) ee ike a the Registrar may direct.
Uncertified : Rs. a. p.
(d@) For the first 400 words or part thereof ... le wax 2 0
(e) For every further 100 words or part thereof ... . 0 4 0
6 rupees, or such other sum as
OE RR. sa ee or { the registrar may direct.
Rs. a. p.
(vii.) (a) For attending to take an oath, affirmation, or state-
ment beyond the registration offices sat we 38 0 O
(4) And in addition, for any distance beyond one mile, the
expenses incurred.
2. The Proclamation of the 28th May, 1902, issued under ‘‘ The Uganda Land
Regulations, 1902,’’ is hereby annulled, and the fees chargeable for registration of
documents under these rules shall be deemed to be the fees fixed by the Com-
missioner under the said Regulations.
3. These rules may be cited as ‘‘ The Uganda Registration Fees Rules, 1904.’
ENTEBBE, J. HAYES SADLER,
23Rnp Fesruary, 1904. Commissioner.
1. These rules may be cited as ‘‘ The Registration of Documents (Fees)
Rules, 1905.”
_2. Instead of the fees prescribed for the following matters by The Uganda
Registration Fees Rules, 1904, there shall be charged :—
(1) For the registration of each final document recognising under
The Uganda Agreement, 1900:—
(2.) A private estate of the Kabaka, and of his family,
as specified in the said Agreement ; (ii.) official
estates... side a ine “a
Rs. 15
520 Laws of the Uganda Protectorate. [Cuap, 34.
(2) For the registration of any other final document recognising
a native private estate under The Uganda Agreement,
1900 Nil.
ENTEBBE, GEORGE WILSON,
28TH Marc#, 1905. Acting Commissioner.
ORDER AND APPOINTMENTS.
Unper Tue Ucanpa REGISTRATION oF DocumENTS ORDINANCE, 1904.
I hereby direct the following to be Registration Districts for the purposes of
The Uganda Registration of Documents Ordinance, 1904, and I appoint the
following officers to be Registrars of Documents for such districts. I further
appoint the Assistant Secretary to the Administration to be the Principal
Registrar.’
Registration Districts. Registrar.
1. The Central® and Rudolf Provinces ay ...| The Collector, Jinja.
2. The Districts of Dodinga® and Bari, in the Nile”
Province... es .| The Collector, Gondokoro.
3. The District of Shuli,® in the Nile” Province ...{ The Collector, Wadelai”
4. The District of Unyoro ... oe a ...| The Collector, Hoima.
5. The District of Toro a8 shes 5 ...| The Collector, Fort Portal.
6. The District of Ankole ae de ca ...| The Collector, Mbarara.
7. The Sub-District Mengo, of the Kingdom of
Uganda, and the Sub-District of Kakumiro” ...| The Collector, Kampala.
8. The Sub-District Masaka, of the Kingdom of
Uganda” ... tt .| The Collector, Masaka.
9. The Sub-District Entebbe, of the Kingdom of
Uganda” ... es ait ee es ...| The Principal Registrar.
ENTEBBE, J. HAYES SADLER,
23rp Frsruary, 1904. His Majesty’s Commissioner.
7 Subsequent appointments have varied this appointment.
8 Now the Eastern Province; see proclamation 5th April, 1907, Appendix A, post, page 897.
* Dodinga and Shuli are no longer separate administrative districts, isid.
10 Now the Northern Province, ibid.
"| Koba was substituted for Wadelai, and the Collector or Assistant Collector in charge of Koba
was appointed Registrar of Documents for the District of Acholi, in the Northern Province, by
notice 30th August, 1907, see Chapter 7, ante, page 131.
Now districts, ibid.
Cuap. 34. ] Documents —Registration. 521
In modification of the order of the 23rd February, 1904, I hereby direct that
the Rudolf Province and the districts of Bukedi, Lobor and Karamojo in the
Central’* Province be a Registration District for the purposes of The Uganda
Registration of Documents Ordinance, 1904, and I appoint the Collector, Mbale,
Registrar of Documents for that district.
ENTEBBE, J. HAYES SADLER,
9TH May, 1905. His Majesty’s Commissioner.
NOTICE.
Unver Tot Ucanpa REGISTRATION oF DocuMENTS AMENDMENT ORDINANCE, 1904.
The Uganda Registration of Documents Ordinance shall commence and come
into operation on the Ist.day of September, 1904.
ENTEBBE, J. HAYES SADLER,
Isr Juty, 1904. His Majesty’s Commissioner.
18 Now the Eastern Province ; see proclamation 5th April, 1907, post, page 897.
522
Laws of the Uganda Protectorate. [Cuap. 35,
CHAPTER XXXV.
Savines Bank.
No. 4 of 1907. The Uganda Treasury Savings Bank Ordinance, 1907.
No. 20 of 1909. The Uganda Treasury Savings Bank Amendment Ordinance,
Short title.
Establishment.
Management.
Minimum amount
of deposit.
Maximum amount
of deposit.
1909.
No. 4 of 1907.
SAVINGS BANK.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Uganda
Treasury Savings Bank Ordinance, 1907.”
2. The Treasurer of the Uganda Protectorate
shall forthwith establish a Treasury Savings Bank at
the head office of the Uganda Treasury, and may,
from time to time, with the approval of the Commis-
sioner, establish at any station in the Protectorate a
branch of such Savings Bank.'
3. The Savings Bank shall be under the manage-
ment and control of the Treasurer, and shall be con-
ducted by such officer or officers as the Treasurer may,
with the approval of the Commissioner, from time to
time appoint for that purpose.
4. No deposit shall be made or withdrawn of a
less amount than twenty-five cents, nor of any sum not
a multiple of twenty-five cents: Provided that any
depositor may at any time withdraw and receive the
whole amount deposited with the interest then due
and payable thereon, or any sum that may be due
and payable to him for interest upon his deposit,
although such deposit and interest or interest may not
amount to twenty-five cents or be a multiple of
twenty-five cents.”
5. It shall not be lawful for the Treasurer or any
officer of the Savings Bank to receive from any one
1 For branch Savings Banks see notices, following, page 537.
°” Amended, as here printed, by Section 2 of No. 20 of 1909, following.
Cuap. 35. | Savings Bank.
depositor any sum or sums of money making the
amount to which such depositor will be entitled exceed
the sum of seven thousand five hundred rupees.
6. Whenever the sum standing in the name of
any depositor amounts with interest to more than
seven thousand five hundred rupees, interest shall be
payable on the sum of seven thousand five hundred
rupees, but shall not be payable on the amount by
which the sum standing in the name of such depositor
exceeds the sum of seven thousand five hundred
rupees.
7. A pass book shall be supplied to each deposi-
tor free ot charge. Every deposit received by any
officer appointed for that purpose shall be entered by
him at the time of receiving the same in the deposi-
tor’s book, and such entry shall be attested by him,
and the date stamp of his office, and the amount of
such deposit shall upon the day of the receipt be
reported by such officer to the Treasurer, and, except
as hereinafter mentioned, the acknowledgment of the
Treasurer, signified by the officer whom he shall ap-
point for the purpose, shall be forthwith transmitted
to the depositor, and the said acknowledgment shall
be primary evidence of the amount of such deposit
and of the date on which it was made. In the case of
a deposit of less than ten rupees, the entry in the
depositor’s book shall be conclusive evidence of title,
and it shall not be necessary to transmit any such
acknowledgment in case of such a deposit. *
8. On demand made upon the Treasurer by the
depositor or party legally authorised to claim on
account of a deposit made in such form as shall be
prescribed in that behalf for repayment of any
deposit, or any part thereof, the depositor shall be
absolutely entitled to repayment out of the moneys in
the Treasury of any sum that may be demanded
by and due to him, within such period as the
Treasurer shall specify, and subject to such formali-
ties as may be prescribed by rules.
_ 9. No person appointed to carry this Ordinance
into effect shall disclose the name of any depositor,
or the amount which may be deposited or with-
drawn by any depositor, except to such person
or_ persons as may be appointed to assist in
® For power to vary the provisions of this section, see Section 3 of No. 20 of
1909, following.
528
Interest not payable
on any sum over
Rs. 7,500.
Legal title of
depositor to repay-
ment.
Depositors entitled
to repayment within
prescribed period.
Names of deposi-
tors, &c., not to be
disclosed.
524
Laws of the Uganda Protectorate. [Cuap. 35,
Rate of interest pay-
able to depositors.
Interest, how calcu-
lated.
Investment of
moneys received
under this
Ordinance,
Securities in which
deposits are invested
may be sold when
necessary.
Deficiency on sale to
be made good out of
the revenues of the
Protectorate.
carrying this Ordinance into operation, or except
in pursuance of a direction by a Magistrate or Court
of Justice in any proceeding before such Magis-
trate or Court or by direction of the Commissioner,
and any person so offending shall forfeit and pay a
sum not exceeding fifteen hundred rupees.
10. The interest payable to the parties making
such deposits shall be at a rate to be prescribed by
the Commissioner from time to time by notice pub-
lished in the Gazette,’ provided that the said rate
shall not exceed three per cent. per annum, or be less
than two and a half per cent. per annum, but such
interest shall not be calculated on any amount less
than fifteen rupees, or some multiple thereof, and shall
not commence until the first day of the calendar
month next following the day of deposit, and shall
cease on the first day of the calendar month in which
such deposit shall be withdrawn or warrant for with-
drawal issued.
11. Interest on deposits shall be calculated to
the 31st day of March in every year, and shall be
added to and become part of the principal money.
12. The moneys paid as aforesaid into the Treas-
ury under the authority of this Ordinance shall, so far
as practicable, be invested in England or elsewhere
in such one or more securities yielding interest res-
pectively as His Majesty’s Principal Secretary of
State for the Colonies shall from time to time name:
Provided always that no part of such moneys shall be
applied in any way to the purposes of the Protec-
torate, or be invested in any loan of money raised or
to be raised in the Protectorate for any purpose what-
ever.
13. It shall be lawful to raise any sum or sums
of money that may from time to time be required for
the repayment as aforesaid of any deposits made in
pursuance of this Ordinance by the sale or sales of the
whole or a part of any such securities aforesaid:
Provided that if at any time or times the moneys
arising from such sale or sales shall be insufficient to
pay the lawful claims of every such depositor as afore-
said the Commissioner shall cause the deficiency to be
paid out of the revenues of the Protectorate.
+ Interest is not payable to depositors who declare they do not desire interest,
see Section 4 of No 20 of 1909, following. : 97
For rate of interest see notice of 9th September, 1907, following, page 537.
Cap. 35. | Savings Bank.
or
ho
on
14. The income arising from the said securities
shall be placed to the credit of the Uganda Protec-
torate, and be applied, so far as such income will per-
mit, in the payment of interest as aforesaid on the
deposits made under this Ordinance; and the profits
(if any) that may from time to time arise in the execu-
tion of this Ordinance shall be carried to the credit of
the revenues of the Protectorate and be deemed part
of such revenues and be applied accordingly.
15. The Commissioner may make rules for super-
intending, inspecting, and regulating the mode of
keeping and examining the accounts of depositors,
and with respect to the making of deposits, and to the
withdrawal of deposits and interest, and all other
matters incidental to the carrying of this Ordinance
into execution, and for providing penalties for any
breach of the provisions of this Ordinance or of any
rule made thereunder,® and all rules so made shall be
binding on the parties interested in the subject-matter
thereof in the same manner and to the same extent
as if such rules formed part of this Ordinance.
16. An annual account of all deposits received
and sums of money paid under the authority of this
Ordinance, and of the expenses incurred during the
year ended on the 31st day of March, together with a
statement of the total amount due at the close of the
year to all depositors, shall be laid by the Treasurer
before the Commissioner not later than the 31st of
July ensuing in every year.
17. All expenses incurred in the execution of
this Ordinance shall be paid out of the revenues of the
Protectorate. ;
18. In case any depositor shall die leaving any
sum of money not exceeding seven hundred and fifty
rupees, exclusive of interest, deposited in the Savings
Bank, and probate of his will, or letters of admini-
stration, or other order of the Court, be not produced
to the Treasurer, or if notice in writing of the exist-
ence of a will, and intention to prove the same, or to
take out letters of administration, be not given to the
Treasurer, at his principal office, within the period
of three months from the death of the depositor;
or if such be given, but such will be not proved,
> The words in italics were repealed by Section 7 of No. 20 of 1909,
following, Section 6 of that Ordinance gives power to the Governor to fix penalties.
Mode of application
of income of
securities,
Commissioner to
make rules for
keeping accounts,
&e,
Accounts to be laid
before the Com-
missioner,
Expenses.
Funds of a deceased
depositor not
exceeding Rs, 750.
526
Funds of a deceased
depositor,
Payment on death
of @ depositor who
is a native of the
Protectorate.
Payment on death
of a depositor being
illegitimate and
dying intestate.
Payment on death
of a depositor
intestate and
leaving illegitimate
relations,
Laws of the Uganda Protectorate. [Cuap. 35.
or letters of administration be not taken out,
and the probate or letters of administration (as
the case may be) or other order of the Court pro-
duced to the Treasurer within the period of six
months from the death of the depositor; it shall be
lawful for the Treasurer after such period of three
months or six months (as the case may be) to pay and
divide such funds at his discretion to or amongst the
widow or relatives of the deceased depositor, or any
one or more of them; or, if he shall think proper,
according to the Uganda Succession Ordinance, 1906.
19. In case any depositor shall die leaving any
sum of money in the Savings Bank which (exclusive of
interest) exceeds the sum of seven hundred and fifty
rupees, the same shall only be paid to the executor or
administrator on the production of the probate of the
will, or letters of administration to the estate or
effects of the deceased depositor, or to some other per-
son producing an order of the Court in respect there-
of to the Treasurer.
20. Provided always that in case a depositor who
is a native of the Protectorate shall die leaving any
sum of money in the Savings Bank, it shall be lawful
for the Treasurer, subject to the approval in each case
of the Commissioner, to pay and divide the same
whatever the amount thereof to or amongst the widow
or widows or relatives of the deceased depositor or
any one or more of them in such manner and propor-
tions as he shall think fit, until such time as The
Succession Ordinance, 1906, shall be made to apply
to natives of the Protectorate or other provision shall
be made dealing with the distribution of the property
of deceased natives of the Protectorate.
21. If any depositor being illegitimate shall die
intestate leaving any person or persons who, but for
the illegitimacy of such depositor, would be entitled
to the money due to such deceased depositor, it shall
be lawful for the Treasurer to pay the money of such
deceased depositor to any one or more of the persons
who, in his opinion, would have been entitled to the
same according to The Uganda Succession Ordinance,
1906, if the said depositor had been legitimate.
22. If any depositor shall die intestate, leaving
any person or persons who, but for his or their illegiti-
macy, would be entitled to the money due to such de-
CHae. 35. | Savings Bank.
527
ceased depositor, it shall be lawful for the Treasurer
to pay the money of such deceased depositor to such
person or persons as would have been entitled thereto
if he or they had been legitimate.
23. If any depositor shall become insane or
otherwise incapacitated to act, and the same shall be
proved to the satisfaction of the Treasurer, and if the
Treasurer shall be satisfied of the urgency of the case,
he may authorise payment, from time to time, out of
the funds of such depositor to any person whom he
shall judge proper, and the receipt of such person
shall be a good discharge for the same. Provided
always that where a guardian or committee of the
estate or person and estate of such depositor shall
have been duly appointed by the Court, payment shall
be made to such guardian or committee.
24. No power, warrant, or letter of attorney
granted or to be granted by the Treasurer, nor any
power, warrant, or letter of attorney given by any
depositor in the Savings Bank to any other person,
authorising him to make any deposit of any sum of
money in the said Bank on behalf of the said deposi-
tor, or to sign any document or instrument required
by the rules or regulations of the said Bank to be
signed on making such deposit, or to receive back any
sum of money deposited in the said Bank, or the inter-.
est arising therefrom, nor any receipt nor any entry
in any book of receipts for money deposited in the
said Bank, nor for any money received by any deposi-
tor, his executors or administrators, assigns, attorneys
or agents, from the funds thereof, nor any draft or
order, nor any appointment of any agent, nor any
certificate or other instrument for the revocation of
such appointment, nor any bond or other instrument
or document whatsoever required or authorised to be
given, issued, signed, made, or produced in pursu-
ance of this Ordinance, or of the rules thereunder,
shall be subject to or be charged with any stamp duty
or duties whatsoever.
25. Any sum in the Savings Bank which may
remain unclaimed for a period of five years after the
date of the last deposit or payment, shall be carried
to a separate account, and the Treasurer shall an-
nually cause the name of the depositor to be published
in three successive issues of the Gazette during a
Incapacitated
depositors,
Exemption from
stamp duty.
Disposal of
unclaimed deposit.
Laws of the Uganda Protectorate. [Cuap. 35,
When interest to
cease,
Interpretation.
Commencement.
Short title.
Minimum amount of
deposit,
Governor may fix
amount requiring
special acknowledg-
ment,
period of three years from the first of such advertise.
ments; and if such sum is not claimed within the said
period by any person showing a lawful right thereto,
the same shall lapse and accrue to the public revenues
of the Protectorate.
26. Interest on any sum so carried to a separate
account, shall cease to accrue and be payable as from
the date of the first of the said advertisements.
27. The term “ Treasurer” shall include the
“Deputy Treasurer” acting under the direction of the
Treasurer.
28. This Ordinance shall come into operation on
such date as the Commissioner shall by notice in the
Gazette appoint. °
ENTEBBE,
9TH SEPTEMBER, 1907.
GEORGE WILSON,
Acting Commissioner,
No. 20 of 1909.
SAVINGS BANK.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Uganda
Treasury Savings Bank (Amendment) Ordinance,
1909, and shall be read as one with “The Uganda
Treasury Savings Bank Ordinance, 1907” (herein-
after referred to as the principal Ordinance).
2. Section 4 of the principal Ordinance shall read
as though the words “ twenty-five” cents were therein
substituted for the words “ one rupee ” or “ a rupee.
3. The Governor may by notice fix from time tu
time the limit of the amount of a deposit at or below
which it shall not be necessary to transmit any such
acknowledgment of deposit as is mentioned in Section
7 of the principal Ordinance, and at or below which
the entry in the depositor’s book shall be conclusive
evidence of title.
6 The Ordinance came into force on the Ist October, 1907; see notice,
9th September, 1907, following, page 536,
Crap. 35. ] Savings Bank.
529
4. Whenever any depositor shall make a declara-
tion in such form as may be prescribed that he does
not desire to receive interest on the money deposited
by him, then in such case the provisions of the prin-
cipal Ordinance, in so far as they relate to the pay-
ment of interest on money deposited, shall not apply
to such depositor or to any moneys deposited by him,
and such depositor shall not be entitled to and shall
not receive any interest on any moneys deposited by
him: Provided, however, if any such depositor shall at
any time withdraw such declaration in such manner
as may be prescribed, then the provisions of the prin-
cipal Ordinance relating to the payment of interest
upon money deposited shall thereafter apply to such
depositor and to the money of the depositor then in the
Savings Bank, or thereafter deposited by him in
such Bank, but so that interest on the money of the
depositor in the said Bank at the time of such with-
drawal shall not commence until the first day of the
calendar month next following the day of such with-
drawal of the aforesaid declaration.
5. If any dispute shall arise between the
Treasurer and any -individual depositor, or the
executor, administrator, next of kin, or creditor of
any deceased depositor, or any assignee of a depositor
who may become bankrupt or insolvent, or any person
claiming to be such executor, administrator, next of
kin, creditor or assignee, or to be entitled to any money
deposited in the Savings Bank, then, and in every
such case, the matter in dispute shall be referred to
the arbitration of any person as sole arbitrator to be
agreed upon between the parties, or, in the event of
such arbitrator not being agreed upon, to be
appointed by a Judge of the High Court of Uganda,
and whatever award, order, or determination shall be
made by such arbitrator as aforesaid, shall be binding
and conclusive on all parties and shall be final without
any appeal. .
6. The Governor may fix such penalties for the
breach or non-observance of any rule made under
this Ordinance as he may think proper, not exceeding
a fine of a thousand rupees, or imprisonment of either
description for a period of two months, or both, and
may also provide that the right and title to any sum
deposited may be forfeited and lost.
34
Interest not payable
to depositor desiring
it Dot to be paid.
Settlement to dis-
putes.
Penalties,
530
Repeal.
Hours of business.
Amount of deposits.
Name, address, and
occupation of
depositor to he
Furnished.
Laws of the Uyanda Protectorate. [Cuar. 35,
7. The words “ and for providing penalties for
any breach of the provisions of this Ordinance or of
any rule made thereunder ” contained in the princi-
pal Ordinance, Section 15, are hereby repealed.
ALEXANDER BOYLE,
Acting Governor,
ENTEBBE,
22nD NOVEMBER, 1909.
RULES.
Unper THe Ucanpa Treasury Savines Bank Orpinance, 1907.
1. The Savings Bank shall be open for business during such
hours and on such days as the Treasurer with the approval of
the Commissioner shall determine, which will be notified by notice
posted at the Savings Bank and in such other manner as the
Treasurer may prescribe. The business of the Savings Bank shall
be conducted by such Officer or Officers of the Treasury as the
Treasurer with the approval of the Commissioner shall appoint
in that behalf. ,
2. Deposits of 25 cents, or any multiple of 25 cents * will
be received from any depositor at the Savings Bank, provided
that the total amount standing in such depositor’s name mn the
books of the Treasurer do not exceed Rs. 7,500.
For computing the maximum amount of deposit allowable
for a depositor under this rule, if such deposit is raised so as to
be in excess of the said maximum by reason of any additions
thereto by way of simple interest on the said maximum being
credited to such depositor, and so long as such interest is not
added to the said maximum for the purposes of subsequent
computations of interést thereon, the excess so created shal] not
be deemed unlawful.
3. Every depositor, on making a first deposit on his own
behalf, shall be required to specify his name, occupation, and
residence, and make and sign the following declaration, to be
witnessed by some officer of the Treasury appointed under thes?
rules, or by some person known to such officer or by a clergyman
of the Church of England or other minister of religion ee
in the Protectorate, or by a Collector or by a Magistrate ; and 1
such declaration, or any part thereof, shall not be true, the
7 Amended, as here printed, by Rule, 22nd November, 1909, following.
*
Cuap. 35. ] Sarings Bank.
depositor making the same shall forfeit and lose all right and
title to his deposits. But nothing herein contained shall prevent
the Commissioner or other officer appointed by him in that
behalf from foregoing the rights of the Crown to such deposits
if in his opinion the depositor made such declaration believing it
to be true.
Depositor’s Book...... Copy of declaration to be signed
by the depositor on A.
| making first deposit.
In pursuance of The Uganda Treasury Savings Bank Ordi-
nance, 1907, I of do
hereby declare to the Treasurer that I ain desirous on my own
bshalf to become a depositor in the Savings Bank. I do further
hereby declare that I am not directly or indirectly entitled to
any deposit in, or benefit from, the funds of this or any other
Savings Bank, save and except such benefit as J may be entitled
to from such sum or sums as may be standing in my name as
trustee jointly with the name or names and on behalf of any
other depositor or depositors; and I do hereby also testify my
consent that my deposits in the said Savings Bank shall be
managed according to the Regulations thereof.
Witness my hand this day of
Signed by the said
depositor in the ;
presence of me
A copy of the above declaration shall be printed within the
cover of every depositor’s book.
4. In all cases in which the signature of the depositor is
required, if the depositor cannot write, his mark must be affixed
in the presence of one or more witnesses, and the attestation must
show that the declaration or other document was first read over
and explained to such depositor.
5. Every deposit received by any officer of the Treasury
appointed under these rules shall be entered by him at the time
in a numbered book, and the entry shall be attested by his
signature and by the date stamp of the office ; and the said book
with the entry so attested shall be given to the depositor and
retained by him as primary evidence of the receipt of the deposit.
Every deposit shall be attested in the depositor’s book by the
signature of the person making the deposit. The amount of each
deposit, and the name, occupation and residence of the depositor
shall, upon the day of the receipt thereof, be reported to the
Treasurer, and except as hereinafter mentioned the acknow-
ledgment of the Treasurer’s receipt of the deposit, signified in the
following form by the officer duly appointed by the Treasurer in
that behalf, shall be forthwith furnished to the depositor as
primary evidence of the amount of such deposit and of the date
on which it was made.
Depositor’s book...... Savings Bank Department,
PI RC6 st alee essen ewe ~ Treasury, Uganda B.
ING areca eos fa tal \ 19 ’
ee of declaration
If depositor cannot
write.
Deposits, how
received, entered,
report2d to the
Treasurer and
acknowledged,
Form of acknow-
ledgment, B.
Laws of the Uganda Protectorate. [Cuap. 365,
Interest.
Trust Account.
Form of declaration,
Cc.
The Receiving Officer of the Savings Bank having reported to
the Treasurer the receipt by him of your deposit of Rs.
that amount has been placed to the credit of your account in the
books of this department.
Examined Treasurer.
If the depositor does not receive such acknowledgment within
a reasonable time from the day on which he made the deposit,
he must apply for the same to the Treasurer by letter, and if
necessary he must renew his application to the Treasurer until he
receives such acknowledgment.
In the case of a deposit of less than 10 rupees, the entry in
the depositor’s book shall be conclusive evidence of title, and it
shall not be necessary to transmit any acknowledgment in case
of such a deposit.
6. Interest, calculated yearly, at the prescribed rate, shall
be allowed on every complete sum of fifteen rupees deposited,
and shall be computed from the first day of the calendar month
next following the day on which a complete sum of fifteen rupees
shall have been deposited, or on which deposits of less amount
shall have made up a complete sum of 15 rupees, up to the
first day of the calendar month in which moneys are withdrawn or
warrant for withdrawal issued.
The interest will be calculated to the 31st March in every
year, and will then be added to, and become part of, the principal
money.
7. Deposit may be made by a trustee on behalf of another
person, in the joint names of such trustee and the person on
whose account such money shall be so deposited, but repayment
of the same or any part thereof shall not be made without the
réceipt or receipts of both the said parties, or the survivor of
them, or the executors or administrators of such survivor, whose
receipt or receipts signed either personally or by agent appointed
by power of attorney, which power of attorney may be executed
by an infant of or exceeding the age of eighteen years, shall
alone be a valid discharge, except in the case of insanity or
imbecility of the party on whose behalf the deposits were made,
when the Treasurer may, on proof of the fact to his satisfaction,
and provided that no guardian or committee of the estate of
such person shall have been appointed by the Court, allow
repayment to be made to the trustee alone.
The following declaration, to be witnessed as provided for in
Rules 3 and 4, must be made in the case of such deposits: —
Depositor’s Book..... Form of declaration to be
PIA CG acs sarexnench and airi signed by the trustee C.
INO pigecig saivccone pea mentees { of a depositor.
In pursuance of The Uganda Treasury Savings Bank Ordi-
nance, 1907, I of do hereby
declare to the Treasurer that I am desirous of becoming .
depositor in the Savings Bank, as the trustee of 0
, and I do further declare that so far as T know,
Cuap. 35. ] Savings Bank.
039
the said is not either directly or indirectly
entitled to any deposit or benefit from the funds of this or any
other Savings Bank, save and except such benefit as he may be
entitled to from such sum or sums as may be standing in his name
as trustee jointly with the name or names and on behalf of any
other depositor or depositors: and I do hereby also testify my
consent that my deposits in the said Savings Bank shall be
. managed according to the regulations thereof.
Witness my hand this day of 19
Signed by the said \
in the presence of me
And in case any such declaration shall not be true, the
depositor making the same shall forfeit| and lose all right and
title in or to any deposit and in or to any funds of The Uganda
Treasury Savings Bank, provided always that no such forfeiture
shall have the effect of depriving any cestui gue trust of his right
to the fund, where the falseness of such declaration was at no
time known to the cestuz que trust.
8. Deposits may be made by, or for the benefit of, any
person under 21 years of age, and repayment shall be made to
such minor after the age of 7 years in the same manner as if he
were of full age. In the case of minors under the age of 7 years,
the declaration must be made by one of the parents or guardians
on behalf of the minor.
In case of an officer of the Protectorate being appointed by
the Commissioner either by name or by the designation of his
office to administer the estate of a minor under the age of 7 years,
such officer may make deposits and withdraw the same, and make
and do all necessary declarations and acts in respect of such
deposits for, on behalf of, and in the name of such minor. Upon
such minor attaining the age of 7 years, such deposits as are
then standing in his name shall be deemed to have been paid in
by such officer as-a trust account under Rule 7, and shall be
dealt with accordingly.
9. Every depositor shall, once in a year, on the anniversary
of the day on which he made his first deposit, forward his book
to the Treasury Office, in a cover to be obtained at the Savings
Bank, in order that the entries in the said book may be com-
pared with the entries in the books of the Treasurer, and that
the interest due to the depositor may be inserted in his book.
10. No charge shall be made upon the depositors for the
books at first supplied to them, or for books issued to them in
continuation thereof ; but if any depositor shall lose his book, or
permit the same to become in a filthy or undecipherable state,
and a new book is necessary, application must be made by him to
the Treasurer, by letter, stating the circumstances, and for-
warding one rupee to pay for the new book, should the application
be granted ; and the Treasurer shall, as he thinks fit, issue a new
book or return the rupee to the applicant.
11. No charge shall be made upon the depositors for the
transmission of their books to the Treasurer or for the return
Minors.
Annual transniis-
sion of depositor’s
book to the Treasury
Office.
Depositor’s book.
Charges.
X
Laws of the Uganda Protectorate. [Cuar, 35,
Withdrawals.
Form of notice of
withdrawals, D.
Form of Warrant, E,
thereof to them, or for any application they may have to make for
acknowledgment of deposits, or for any application or necessary
letter of enquiry respecting the sum deposited by them or for
replies thereto.
12. Except as hereinafter mentioned, any depositor wishing
to withdraw the whole or part of the sum deposited by him
must make application for the same to the Treasurer in the
following form, a printed copy of which may be obtained at the
Savings Bank. If such application is made in respect of a with-
drawal of a sum amounting to or exceeding the sum of Rs. 750,
then and in such case such notice shall be given so many clear
days previous to the withdrawal of such sum as the Treasurer
shall specify.
Depositor’s Book...... | (Date) day of 19
Pla CB sesmanecasi cena To the Treasurer, D.
NO seusresingirsanaeossaste s Uganda.
I hereby give notice that I wish to withdraw the sum of
from my deposit account, bearing the above number in the books
of the Savings Bauk, and I request that a warrant may be issued
for the above-named sum and made payable to me at the Savings
Bank.
Signature
Address of depositor.
Occupation
In this form the depositor must specify the number of his
book, the sum he wishes to withdraw, and his occupation and
residence. On receipt of this application, a warrant in the
following form, for the amount required, shall be delivered to
him.
Form of Warrant. E.
To be issued to enable a depositor to receive payment of a
sum withdrawn.
Depositor’s Book...... Warrant No.
Pla CO ss scchusealeacied scien Savings Bank Department.
IN Gs sia sincadeeenongamia ance Treasury Office, Uganda.
19
To the Treasury Officer
Pay of the sum of on
production of his deposit book, on or before the | day
of and on his satisfying you that he is the person
entitled to the same, and charge the amount to this
department.
Entered. Stamp
Examined. of
Rs. Treasurer. Office.
Depositor’s receipt.
I hereby acknowledge the receipt of the above-name a gain
(Signature of depositor-)
Such warrant must be presented by the depositor at ee
Savings Bank within the period specified in the warrant, togeter
Cuap. 35.] Sacings Bank.
Or
eo
Or
with the depositor’s book, in, which the Treasurer or officer
acting for him shall enter the amount repaid, and attest the entry
with his signature and the date stamp of his office. The
Treasurer shall take a receipt from the depositor on the warrant
for the amount paid to him, which receipt is not chargeable with
stamp duty. In the event of a depositor alleging the loss of any
warrant, the Treasurer shall issue a new warrant, but shall not
do so before the period mentioned in the original warrant has
expired.
The Treasurer may from time to time authorise any officer or
officers conducting the business of the Savings Bank at any
place at which a Savings Bank has been established, to pay
depositors who have accounts at that Savings Bank and who
wish to withdraw sums of less than one hundred rupees,* upon
presentation of the depositor’s book without production of a
warrant from the Treasurer, but no further sum shall be paid to
such depositor until the Treasurer shall have signified to the
paying officer that such withdrawal has been duly recorded in the
head office of the Savings Bank.
The Treasurer shall endeavour to prevent fraud and to
identify every depositor transacting business with the Savings
Bank ; but if any person shall fraudulently represent himself to
be a depositor, and if by forwarding the proper notice of with-
drawal, and by presentation of a depositor’s book, and com-
pliance with the rules of the department, shall obtain any
sum of money belonging to the depositor, the Treasurer shall not
be responsible for the loss thereof.
When the Treasurer is unable to identify any person repre-
senting himself to be a depositor, he may, notwithstanding that
such person may be in possession of a depositor’s book, require,
if he thinks fit, from such person a certificate signed by a
Collector or Magistrate, or by any two known and respectable
residents of the placé in which such person resides, declaring the
identity of such person with the depositor mentioned in the
depositor’s book, or in the declaration made pursuant to the
provisions of Rule 3.
13. Repayments shall be made only to the depositor in
person or to the bearer of an order under his hand, signed in the
presence of a clergyman of the Church of England or other
minister of religion resident in the Protectorate, of a Collector,
or of a Magistrate, or, in case of sickness, of a duly qualified
medical attendant. If the depositor be resident out of the
Protectorate, his signature must be verified by a Magistrate or
Consular officer of the district or place in which he resides.
14. The following is the form of order to be signed by the
depositor on such occasions, a copy of which may be obtained at
the Savings Bank.
Form of Order to be signed by a Depositor F.
who cannot attend personally to receive payment.
Depositor’s Book...... ) ici be Wnerantt
ACER ish Merah Soke teaoadt j Dateo’
5 Amended, as here printed, by Rule, 29th March, 1909, following.
Repayment toa
depositor unable to
attend personally.
Form of Order, F.
536 Laws of the Uganda Protectorate. [Cuap, 35.
To the Treasurer, Uganda.
I, the undersigned, do hereby authorise and direct the bearer of this order
to receive on my account the sum of due to me under the above-described
warrant of the Savings Bank, for which sum the receipt of the above-named person
shall be a good and sufficient discharge.
As Witness my hand, this day of 19
Signature of witness. Signature of Depositor.
Address Address
Occupation Occupation
ENTEBBE,
GEORGE WILSON,
9vrH SEPTEMBER, 1907. Acting Commissioner.
The third paragraph of Rule 12 of the rules under the above Ordinance, dated
the 9th September, 1907, shall be read as if the words ‘‘ one hundred rupees ’’ were
therein substituted for the words ‘‘ ten rupees.’’
ENTEBBE,
H. HESKETH BELL,
29TH Mancg, 1909.
Governor.
Rule 2 of the rules made under the above-mentioned Ordinance, dated
9th September, 1907, shall read as though the words ‘‘ Deposits of 25 cents or any
multiple of 25 cents ’’ were therein substituted for the words ‘‘ Deposits of 1 rupee
or any number of rupees.’’
ENTEBBE,
ALEXANDER BOYLE,
22np NovemBeER, 1909.
Acting Governor.
NOTICES.
Unvrer Tue Ucganpa Treasury Savincs Bank Orpinance, 1907.
I hereby give notice that the above-named Ordinance shall come into operation
ou the lst October, 1907.
ENTEBBE,
GEORGE WILSON,
9TH SEPTEMBER, 1907.
Acting Commissioner.
Cuap. 35.] Savings Bank. 537
I hereby declare that the rate of interest payable on deposits in the Savings
Bank shall be two and a half per cent per annum.
ENTEBBE, GEORGE WILSON,
97TH SEPTEMBER, 1907. Acting Commissioner.
Notice is hereby given that a Treasury Savings Bank will be established at
the head office of the Uganda Treasury on the 1st October, 1907, and that, with
the approval of the Acting Commissioner, a branch of such Savings Bank will be
established at Kampala on the 10th October, 1907.
ENTEBBE, G. D. SMITH,
10TH SrPTeMBER, 1907. Treasurer.
Notice is hereby given that, with the approval of the Governor, a branch of
the Treasury Savings Bank will be established at Jinja on the 3rd January, 1908.
TREASURY, ENTEBBE, 7 G. D. SMITH,
19TH DeEcEMBER, 1907. Treasurer.
Notice is hereby given that, with the approval of His Excellency the Acting
Governor, a branch of the Treasury Savings Bank will be established at Fort
Portal on the 1st of July, 1909.
TREASURY, ENTEBBE, . A. E. BOOTY,
‘June, 1909. Acting Treasurer.
538 Laws of the Uganda Protectorate. [Cuap. 36,
CHAPTER XXXVI.
BANKRUPTCY.
No. 4 of 1906. The Bankruptcy and Lunacy Ordinance, 1906.
No. 4 of 1906.
BANKRUPTCY AND LUNACY.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Bankruptcy and
Lunacy Ordinance, 1906.”
2. The High Court shall have jurisdiction in bankruptcy and
lunacy, and shall exercise such jurisdiction in conformity with the
substance of the law for the time being in force in England so far
as circumstances admit.
GEORGE WILSON,
Acting Commissioner.
ENTEBBE,
13TH Fresruary, 1906.
Cuar. 37.] Contract. “539
(d)—ConTRACct.
CHAPTER XXXVILI
Contract.!
[The Indian Contract Act, 1872 (IX. of 1872), was applied with modifications to
the Protectorate on the 17th August, 1899.]*
1 As to the enforcement of civil contracts against soldiers, see Section 63 of No. 8 of 1902,
chapter 53, post, page 853; against police, see Sections 74-77 of No. 1 of 1908, Chapter 12, ante,
page 192. As to contracts of labour, see Lanour, Chapter 45, post.
* See No. 15 of 1899, ante, page.129.
As to application of amending Acts, see The Applied Indian Acts Ordinance, 1909, Chapter 7,
ante, page 130.
540 Laws of the Uganda Protectorate. [Cuap, 38
(¢)—Pusiic Heatran AND Protection.
CHAPTER XXXVIIL.
PREVENTION OF DISEASE.!
No. 2 of 1902. The Uganda Infectious Diseases Ordinance, 1902,
No. 4 of 1908. The Uganda Sleeping Sickness Ordinance, 1908.
No. 8 of 1909, The Dangerous Diseases Ordinance, 1909.
No. 2 of 1902.
INFECTIOUS DISEASES.
It is hereby enacted as follows :—
1. In this Ordinance, and the rules thereunder, the following
words and expressions are used in the following senses, unless a
contrary intention appears from the context :—
“Ship” includes every vessel or boat, dhow, or other native
craft.
“Master ” includes the person for the time being in charge of
the ship.
“Medical officer” means any medical officer in the Uganda
Protectorate in medical charge of a station.
TAs to diseases of cattle, see Chapter 29, ante. As to diseases of plants, see Chapter 28,
ante. As to the prevention of plague in Entebbe, see rules 6th February, 1905, under The Unans
Townships Ordinance, 1903, Chapter 17, ante, page 307. For power of Governor to make rules :
the purpose of preventing the spread of contagious disease among the K.A.R., see Section 15 o1
No. 8 of 1902, Chapter 53, post, page 821. As to destruction of infectious clothing—police, S
No. 1 of 1908, Section 19, Chapter 12, ante, page 172; prison, No. 9 of 1909; Section ane
‘Chapter 13, ante, page 236. Persons dying from infectious diseases are not to be buried in is
Victoria Nyanza within 10 miles of Entebbe Port, see No. 8 of 1905, Section 6, Chapter 18, er
page 314. As to the prevention of disease in townships, see The Townships Rules, 1903, ae
77, 84, 108 and 109, Chapter 17, ante. As to offences affecting public health, see Chapter 14 ae :
Penal Code. For disobedience of lawful order tending to cause danger to health, see Section 188
The Penal Code.
Cuap. 38.] Prevention of Disease. 541
“Infectious disease” means plague, cholera, and any other
disease declared infectious by the Commissioner for the purposes
of this Ordinance. ”
“Port officer” means any officer appointed to perform the
duties of a port officer or acting in that behalf.
“Infected ship” means any ship with a case of infectious
disease on board, or on board which there has been a case of infec-
tious disease within the prescribed period, or to which a person has
been transhipped from another ship on board which there has been
infectious disease within the prescribed period.
' “Prescribed period” means the period from time to time pre-
scribed by the Commissioner in respect of a particular disease;
except as to plague and cholera, with regard to which the pre-
scribed periods shall be respectively twelve days and seven days.
“Suspected ship” means any ship coming from an infected
port or place, or carrying passengers or crew who have come from
an infected port or place, who have not been the prescribed period
on the journey from such infected port or place.
“Infected port or place” means any port or place declared by
the Commissioner for any reason to be infected.
“Sanitary station” means any place declared by the Commis-
sioner as and for a sanitary station for the purposes of cases of
infectious diseases.
“Observation” means isolation on board a ship or at a sanitary
station.
2. Where this Ordinance or the rules thereunder provide that
a person may be permitted to proceed to his place of destination,
subject to surveillance, such permission shall be granted on the fol-
lowing conditions :—
(2) He must satisfy the medical officer as to his name, intended
place of destination, and his address at such place;
. (0) He must agree to submit himself, and must submit himself,
to medical supervision at such place, such medical supervision to
extend in the case of plague to ten days, in the case of cholera to
five days;
(c) Such place must, in the opinion of the medical officer,
be conveniently situated for the medical supervision.
In the case of non-compliance with any of these conditions, the
medical officer may, by order in writing, prohibit the said person
to depart from the ship or place, or direct him to return thereto, or
to proceed to any convenient place to be specified in the order, and
there remain under medical supervision during the prescribed
* Smallpox was declared an infectious disease by notice, 12th September, 1909, following,
542 Laws of the Uganda Protectorate. [Cuap. 38,
period ' and, if any such order of the medical officer is not obeyed
forthwith, it shall be carried into effect by any officer of police as
if it were the warrant of a duly authorised court.
3. An infected or suspected ship, or a ship arriving from an
infected port or place, shall not communicate with any ship, port,
or place in the Protectorate, except the station of Entebbe or
Gondokoro, or such places as may from time to time be declared
excepted by the Commissioner, until it has received pratique at one
of the stations aforesaid.
4. The master of any such ship shall, on arrival at any such
station aforesaid, indicate, by such signals as may from time to time
be prescribed by the Commissioner, that the ship has come from an
infected port or place, or is an infected or suspected ship; and shall
conform to such regulations regarding anchorage, disinfection, dis-
embarkation communicating with the shore and other ships, the
inspection of passengers and crew by the medical officer, the des-
truction or otherwise of articles of personal use likely to retain
infection, as the Commissioner shall from time to time prescribe.
5. When such regulations have been complied with, the medical
officer shall, by an order in writing under his hand to be delivered
to the master, grant pratique.
6. The medical officer, for the purpose of exercising any of
the duties imposed on him by this Ordinance and any rules made
thereunder, may medically examine any and every person on board
any ship arriving at any stations in the Protectorate.
7. Where a ship is not certified to be suspected or infected, but
has passengers on board who are in a filthy or otherwise unwhole-
some condition, or is overcrowded with passengers or immigrants,
the medical officer may, if in his opinion it is desirable, with a view
to checking the introduction or spread of infectious disease, and on
his certifying to that effect, order such ship to proceed to the sani-
tary station, or to such place as he may direct, and may detain under
observation or surveillance the passengers and crew for such period.
as he may direct.
8. The medical officer shall, in the case of every such ship, give
directions and take steps as to cleansing and disinfection as may
appear to him to be necessary or desirable.
9. The master of any ship or any other person shall give to
any officer, and, if required, in writing, or on oath, all such informa-
tion as may be necessary for the purpose of this Ordinance or any
rules thereunder.
Cuar. 38.] Prevention of Disease. D433
10. Should the medical officer discover any person on board
any ship arriving at any station in the Protectorate to be suffering
from a disease which he suspects may turn out to be an infectious
disease as defined in this Ordinance, he may direct the detention, or
removal and detention, of such person for a period of three days,
in order that it may be ascertained whether the illness is or is not
an infectious disease.
11. Where any person is found to be suffering from an infec-
tious disease, he shall immediately be, as far as possible, isolated,
and shall not be removed from one place to another except by order
and under the directions of the medical officer, and shall not depart
from the place where he is until the medical officer certifies that he
is free from infectious disease: Provided that should a medical
officer not be present, the case shall be regulated as the Commis-
sioner may from time to time direct.
12. Nothing in this Ordinance or any rules thereunder shall
render liable to detention, disinfection, or destruction any articles
being part of any mail (other than a parcel mail) conveyed under
the authority of the postal administration, or shall prejudicially
affect the delivery in due course of any such mail (other than a
parcel mail) to the Post. Office.
13. The introduction as merchandise of clothing, sacks, and
bedding which have been used, or hides which have not been either
cured by arsenical preparations or drysalted, that are imported
or have come from any infected port or place, is prohibited.
_ 14. The landing of merchandise from infected or suspected
ships shall be carried out under such precautions, other than dis-
infection, as the port officer may direct.
_ 15. The Commissioner may make rules for the regulation of
intercourse between places declared infectious and other places,
and for the control of infectious diseases in places within the Pro-
tectorate that may be declared infected, and generally for the
purpose of carrying out this Ordinance.
16. Any breach of this Ordinance or any rules thereunder shall
be deemed an offence, and be punishable with a fine not exceed-
ing 1,000 rupees, or imprisonment not exceeding two months of
either kind, or both.
_. 17. This Ordinance may be cited as “The Uganda Infectious
Diseases Ordinance, 1902.”
J. HAYES SADLER,
His Majesty's Commissioner,
ENTEBBE,
17TH OcToBER, 1902.
d44 Laws of the Uganda Protectorate. [CHAP. 38,
RULES.
Unver THE Ucanpa Inrectious DISEASES ORDINANCE, 1902, To APPLY TO THE
APPROACHES TO UGANDA VIA THE VicToRIA NYANZA.
1. The master of any ship arriving at Entebbe or other place that may
hereafter be designated as a place on the Nyanza at which an infected or suspected
ship, or ship arriving from an infected port, may approach Uganda, shall, before
entering the harbour by day, indicate by a yellow flag the fact that the ship is
infected, suspected, or come from an infected port or place, but should such flag
not be in his possession, he shall indicate such fact by such means as may occur to
him, ¢.g., by a strip of bandera, or otherwise, until his signs are understood by
the people on shore: if by night, he shall indicate such fact by two red lights, or if
such red lights are not in his possession, by burning a flare or such other means as
may occur to him, until his signal is seen and answered.
2. The master shall bring his ship to an anchor in the position indicated by
the port officer, or in a position not nearer than thirty yards from the shore or .
pier, and shall not, except as hereinafter provided, allow any communication,
except orally or by signal, with the shore, or with any other ship or boat, except
the medical officer’s or port officer’s boat.
3. The medical officer, learning of the arrival of such a ship, shall, as soon
as possible, visit the ship and make such inquiries and inspection as he thinks
necessary for determining whether the ship is an infected or a suspected ship, and
for this purpose may require a declaration in writing from the master of such ship
with respect to any material facts within their knowledge, and, upon being
satisfied that the ship is an infected or suspected ship, he shall give a certificate
accordingly.
4. Every infected ship shall be directed to take up her position at the sanitary:
station, if any, or at such place as may be indicated by the port officer: Provided
that the medical officer, for any reason that he may deem sufficient, may, by
giving a certificate to that effect, permit such ship, instead of proceeding to the
sanitary station, to take up position to be indicated by the port officer, that in his
opinion is sufficiently isolated, and in that event the provisions of these rules, s0
far as the medical officer may direct, shall apply as if such position were a
sanitary station.
5. On arrival at the sanitary station the sick shall be immediately dis-
embarked and isolated under the orders of the medical officer; no person 80
isolated shall leave such place of isolation until the medical officer shall have
certified that such person is free from infectious disease.
6. The other persons on board, except such members of the crew as are
required for the care of the ship, shall also be disembarked, and, when necessary,
kept under observation at the sanitary station for a period varying according, to
the sanitary condition of the ship and date of last case: it is also in the discretion
of the medical officer to allow any such person to proceed to their respective
places of destination, subject to surveillance for such period as he may direct.
Crap. 38.] Prevention of Disease. 545
7. The master shall disinfect or destroy any clothing and bedding and other
articles of personal use on board which are likely to retain infection, and shall
cleanse and disinfect any part of the ship likely to retain infection, and, if the
master shall have neglected to do so before the ship arrives in port, the medical
officer shall direct or cause the same to be disinfected, destroyed, or cleansed, as
the case may require.
. 8. Suspected ships shall comply with the provisions contained in Rules
Nos. 4 and 7.
9. Every passenger and member of the crew of a suspected ship may be sub-
jected to surveillance.
10. When the rules so far as they relate to any ship have been fully complied
with the medical officer shall, by an order in writing under his hand, grant
pratique.
11. Until otherwise directed by the Commissioner, the islands in the Nyanza
shall be places at which an infected or suspected ship, or ship coming from an
infected port or place, may call for the purpose of taking in fuel, or food, or from
stress of weather. ®
The passengers and crew of a suspected ship shall, unless they produce a pass
or permit from an authorised medical officer, be liable to observation ; or, may be
subject to surveillance.
ENTEBBE, GEORGE WILSON,
177m January, 1905. Acting Commissioner.
1. Steamers and dhows from an infected port shall lie off on arrival at
Entebbe or Jinja and await inspection. The port officer at Entebbe or the
District Commissioner at Jinja, together with the local medical authority, will
visit each vessel as soon as possible and inspect the crew, passengers and cargo
before giving pratique.
2. If an infectious disease is found to exist on board any vessel, pratique will
not be given and no passengers, member of the crew, nor any goods shall land
without a special permit from the medical and port authorities.
_ 3. Any case suspected of being an infectious disease shall be isolated for a
period of four clear days under daily supervision.
_4. No steamer or dhow may, until further notice, sail direct from an infected
port to Port Kampala, but must first call at Entebbe or J inja for inspection and
pratique.
5. Steamers and dhows arriving at Port Kampala from an infected port shall
show their bill of health from the last port of call to the clerk in charge’ of
3 These rules were published in the official Gazette, Ist January, 1903.
35
546 Laws of the Uganda Protectorate. [Cuap, 38,
Customs, before landing any person or goods, and the clerk must initial each bill
of health as having seen it. The crews of such vessels shall not be allowed to
leave the pier at Port Kampala.
6. If any case of illness occurs on board a steamer or dhow which has sailed
from an infected port, before it reaches Port Kampala, the fact must be reported
as soon as possible to the medical officer, Kampala, who will visit and inspect
before pratique can be granted.
ENTEBBE, ALEXANDER BOYLE,
127H SEPTEMBER, 1909. Acting Governor.
To APPLY TO THE APPROACHES TO UGANDA VIA THE NILE.
1. The master of any ship arriving at Gondokoro or any other place that
hereafter may be designated a place on the Nile at which an infected or suspected
ship or ship arriving from an infected port or place may approach Uganda via the
Nile, shall tie up or anchor at a spot, to be appointed by the port officer, on the
Nile below Gondokoro, and shall, by day or night, indicate orally or by signal
the fact that the ship is an infected or suspected ship or has come from an infected
port or place until his communications are understood by the people on shore.
2. The master shall not communicate, except orally or by signal, with the
shore or with any other ship or boat except the medical officer’s or port officer’s
boat, other than may be necessary for the purpose of tying up or as herein
provided.
3. Rules 3 to 11, applicable to the Nyanza, shall apply as therein provided to
ships approaching Uganda by the Nile. *
* To APPLY TO PLACES DECLARED INFECTED.
1, Any person or persons within the Protectorate suffering from an infectious
disease shall, as far as possible, be isolated, and shall on no account leave the place
of isolation until permitted to do so by the medical officer, or, in his absence, by
the officer or chief in charge of the station.
2. The medical officer, the officer or the chief in charge of the station or
place shall see that the huts occupied by infected persons, immediately after the
removal of the occupants, are disinfected or burnt, together with all articles of
personal use likely to retain infection.
3. No person shall leave the infected place or communicate with other persons
or places except by and with the permission of the medical officer, officer or chief
in charge of the station.
4. When a place outside the Protectorate is declared to be an infected place,
every person coming from such infected place shall be subject to detention or
surveillance, as provided by Section 2 of the Ordinance.
4 These rules were published in the official Gazette, 1st January, 1903.
Cap. 38.] Prevention of Disease. 547
5. Such assistance in the way of police supervision or otherwise as a medical
officer, if any, may deem desirable shall be rendered by the officer or chief in
charge of the station, in so far as such officer or chief may deem possible.
6. The following instructions issued to the Baganda chiefs on the 6th July,
1900, for the control of the native disease of kaumpuli, of which translations in
Luganda were distributed, shall continue to apply to infected places in the
Kingdom of Uganda, and shall apply to other infected places in so far as they
do not conflict with the provisions of the Ordinance. *
INSTRUCTIONS FOR THE PREVENTION OF THE SPREAD OF DISEASE LOCALLY KNOWN AS
‘* Kaumpuyi ’’ on UGanpa Busonic PLaGuE.
1. Any person or persons suffering from, or supposed to be suffering from,
‘‘kaumpuli’’ must be placed in a large hut as far away as possible from the
other huts of the shambas (plantation), and must on no account leave the hut.
2. One man from the shamba must be told off to look after the infected
persons. He, and no one else, may enter the hut in which the infected persons
are confined. Whilst acting as attendant he must not mix with the rest of the
people of the villages.
In choosing an attendant, care must be taken to select a man who is in good
health, and who has no wound or sore anywhere about him. After his period of
attendance is completed, all his clothes and bedding should be burnt, and he
should wash himself thoroughly before rejoining his neighbours.
3. Food, water and fire-wood must be brought as required and deposited on
the ground outside the hut and not put direct into the hands of the attendant or
infected persons.
4, A latrine for the use of the infected persons only should be made close to
the hut, and, after it has ceased to be required, carefully filled in.
5. All rags used by the infected persons to cover sores or wounds must be
burnt inside the hut and not brought outside.
6. When a case of kaumpuli occurs in a village, all the rats and mice should
be killed and their bodies burnt.
7. If a man dies of the disease, his body should be burnt with the hut and
all it contains.
8. On the recovery of certain infected persons, the huts occupied by them
must be burnt, together with all clothes, barkcloths, bedding, sleeping mats,
skins, cooking and water pots used by them.
9. Infected persons, even if apparently quite recovered, must not leave the
hut if they have any discharging sores.
10. If a chief or headman of a village suspects that one of his men is suffering
ie oe he should at once report the fact to the nearest Government
official.
5 a Rules were published in the official Gazette, 1st January, 1903,
OA
548
Laws of the Uganda Protectorate. [Cuap. 38,
NOTICE.
Unver THe Ucanpa InFectious DisEases ORDINANCE, 1902.
1. Small-pox is hereby declared to be an infectious disease for the purposes
of the above-mentioned Ordinance, and the ‘‘ prescribed period ’’ shall in respect
to small-pox be sixteen (16) days.
2:4
ENTEBBE,
ALEXANDER BOYLE,
127H SepremMBER, 1909. Acting Governor.
Mode of citation.
Infected place.
Governor may
declare any district
or place to be an
infected place.
Governor may
make rules.
No. 4 of 1908.
SLEEPING SICKNESS PREVENTION.’
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Uganda
Sleeping Sickness Ordinance, 1908.” .
2. In this Ordinance and the rules thereunder
“ infected place ” means any district or place or any
lake or river or part thereof within the Protectorate
which is declared by the Governor to be infected with
sleeping sickness.
3. The Governor may by Proclamation declare
any district or place, or any lake or river or part
thereof within the Protectorate to be an infected
place for the purposes of this Ordinance, and shall
define the limits thereof.
4. The Governor may make rules for the regula-
tion of intercourse between places declared to be in-
fected and other places, and for the control and regu-
lation of all persons from time to time within infected || _.
places, and may apply all or any of such rules to any
infected place or may make special rules in regard to
any particular infected place, and may make rules
generally applicable to persons within or without
6 Paragraph 2 of this notice was a declaration of infected ports and of a
temporary nature only. a ace
7 See also rules relating to sleeping sickness of the 5th April, 1909, under
The Dangerous Diseasrs Ordinance, 1909, following. :
Cuap. 38. | Prevention of Disease. 549
infected places for the purpose of carrying out this
Ordinance in the prevention of sleeping sickness.
5. The power to make rules shall include a power _ Fees, charges ana
to fix reasonable fees, charges and tariffs.
6. The Governor may fix such penalties for the Penslties.
breach or non-observance of any rule as he may think
proper, not exceeding imprisonment with or without
hard labour for a term of two months, or a fine of
1,000 rupees or both, and when no penalty is imposed
by the rules the breach or non-observance of any rule
shall be punishable to the extent aforesaid, and may
provide that any canoe or other vessel in respect of
which a breach or non-observance of any rule has been
committed may be confiscated or otherwise dealt with.
H. HESKETH BELL,
Governor.
ENTEBBE,
10TH Marcu, 1908.
PROCLAMATION.
Unver Tur Ucanpa SieEpine Sickness Orpinance, 1908.
I hereby declare the places set forth in the schedule hereto to be infected
places for the purposes of the above-mentioned Ordinance.
Enresse, H. HESKETH BELL,
10TH Maxcu, 1908. Governor.
THE SCHEDULE.
Tur SCHEDULE ABOVE REFERRED TO.
The whole of the mainland of the Uganda Protectorate within a distance of two
miles of the Victoria Nyanza.
All the islands in the Victoria Nyanza.
550
Laws of the Uganda Protectorate. [Cuap, 38,
Short title.
Interpretation.
Registration of
canoes,
Places for
registration.
Canoes to be
numbered and
lettered.
Registration letters.
Registration
anuual,
Offences,
Certificate of
rogistration.
RULES.
Unper THE SLEEPING SICKNESS ORDINANCE, 1908.
SLEEPING SICKNESS.
1. These rules may be cited as ‘‘ The Sleeping Sickness Rules
(No. 2), 1908.”
2. In these rules the term ‘‘canoe’’ means any vessel
exempt from registration under The Uganda Registration of
Vessels Ordinance, 1904, other than His Majesty’s ships or
vessels belonging to the Government of the East Africa and
Uganda Protectorates.
REGISTRATION OF CANOES.
3. All canoes employed or intended to be employed in navi-
gation on any waters of the Victoria Nyanza in the Protectorate
shall be registered.
4. Such canoes may be registered at the offices of the District
Commissioners at Entebbe, Jinja, or Masaka on the mainland, or
at the offices of the Saza Chiefs of the Islands of Sesse or Buvuma
at Bugalla or Kanfunsi.
5. A registered canoe shall have its register number and
letter clearly painted on both bows in large white characters.
6. Canoes registered at Entebbe shall have the letter ‘‘E”
prefixed to their number.
Canoes registered at Jinja shall have the letter ‘J’ pre-
fixed to their number.
Canoes registered at Masaka shall have the letter ‘‘M”
prefixed to their number.
Canoes registered with the Saza Chief of the Sesse Islands
shall have the letter ‘‘S ’’ prefixed to their number.
Canoes registered with the Saza Chief of the Buvuma Islands
shall have the letter ‘‘ B ’’ prefixed to their number.
7. Registration shall be annual and, after the first registra-
tion, shall be made between the Ist and 10th of January in each
year.
8. The owner of any unregistered canoe, or any registered
canoe not duly numbered and lettered, and any persons using any
such canoe, shall be deemed to have committed an offence under
these rules.
9. The registering officer shall issue a certificate of ete
tion, signed by himself, specifying the registered ee
numbers of the canoe and such other particulars as may !rom
Cur. 38.] Prevention of Disease.
551
time to time be prescribed, and such certificate shall be carried
by the person in charge of the canoe.
10. Any person who abets the navigation of a canoe of
which the headman is not carrying the certificate of registration
shall be deemed to have committed an offence under these rules.
REGULATION OF INTERCOURSE BETWEEN PLACES DECLARED
INFECTED.
11. No person shall travel by canoe on the watefs of the
Victoria Nyanza in the Protectorate without a written permit
issued under the provisions of these rules.
12. Such permit may be obtained from the District Com-
missioners at Entebbe, Kampala, Jinja or Masaka or from the
Saza Chiefs at Bugalla or Kanfunsi, or from any officer or chief
at such place, duly authorised to issue such permits.
13. Such permits shall be signed and dated by the officer
issuing the same and, in the case of HKuropeans and Americans
desiring to travel as aforesaid, the permit shall be countersigned
by the Chief Secretary to the Government.
14. Any person travelling as aforesaid shall be subject to
the conditions following and to any further conditions that may
be entered on the permit. ©
(a) The period for which the permit is valid shall be as
stated on the permit.
(6) No person shall travel as aforesaid except between
the places mentioned on the permit.
(c) The permit shall be carried by the person for whom
it is issued, and shall be produced for inspection whenever
called for by any Government officer.
15. The issue of such permits shall be in the discretion of the
issuing officer, subject to any directions that may be given by the
Governor. A permit may be refused, and any permit issued may
be cancelled, without any reason assigned.
CoNTROL WITHIN INFECTED PLACES.
16. Rules 17 and 18 shall apply to the whole of the main-
land of the Protectorate within a distance of two miles of the
Victoria Nyanza, except the following places, namely :—
(a) The Entebbe peninsula south of a line starting from
the lake shore along the Manyago citronella plantation to
the Kampala road, thence northwards along the said road
to a post at a distance of 964 yards or thereabouts, thence
north-west to a post at a distance of 380 yards or thereabouts,
thence south-east to a post at a distance of 376 yards or
thereabouts, thence west, following the township boundary
to a post at a distance of 780 yards or thereabouts, thence
Offences,
Permit to travel by
canoe.
How obtained.
Permits to be signed
and dated,
Conditions of
permit.
Issue of permits
discretionary.
Application of
Rules 17 and 18,
or,
Or
lw
Prohibition against
entering certain
infected places
without permit.
Condition precedent
to issue of permit.
Authorised landing
places.
Sesse canoes calling
at mainland.
Laws of the Uganda Protectorate. [Cuap. 38,
south’ to a post on the edge of the swamp near the police
lines, and thence west along the swamp to the lake, except .
-the villages known as Buku, Musole and Lower Buira and
. the land lying between those villages respectively and the
lake shore.
(0) The station compound (within the limits fixed by
the District Commissioner) of the Algerian Mission of the
White Fathers at Kisubi. :
(c) The township of Jinja.
(ad) The landing places referred to in Rule 19.
(e) Camping grounds and market places from time to
time authorised by the District Commissioner.
(f) Main roads leading to any of the above-mentioned
places.
Save that persons may enter the wood on the west side of
the Kampala road for a distance of 500 yards from the said road
for the purpose of obtaining firewood.
17. No person shall enter or remain in an infected place
within the Protectorate to which this rule applies without the
written permission of a Provincial Commissioner, or the Chief
Secretary to the Government, and upon the conditions following
and such further conditions as may be imposed by the officer
issuing the permit and written on the permit.
(a) Any person permitted to enter an infected place
shall, if so required by the officer issuing the permit, and all
natives so entering shall each carry, so long as they remain
in an infected place, an identification tally, which shall be
in such form as the officer issuing the permit shall prescribe.
(6) Groups of men engaged under any one employer
shall, if the officer issuing the permit so requires, be accom-
panied by a headman.
(c) The permit shall be valid for the period of one month
from the date of issue or such less time as shall be prescribed
in the permit.
18. No permit as aforesaid shall be given unless the person
applying for the same shall first satisfy the Provincial Commis-
sioner or Chief Secretary to the Government, as the case may be,
by a medical certificate or otherwise that the person for whom
the permit is sought is free from sleeping sickness.
19. No canoe or-other vessel shall put in, and no person
shall land from any canoe or other vessel at, any infected place
except at the authorised landing places specified in the schedule
hereto or from time to time authorised by the Governor by notice
in the Gazette.
20. No canoe registered at Sesse shall put in on the main-
land elsewhere than at Banga near the Entebbe gaol.’
8 Banga is now removed from the list of authorised landing places; se
notice of the 80th October, 1909, following, page 556.
Cuap. 38.] Prevention of Disease.
553
21. No canoe registered at Buvuma shall put in on the
mainland elsewhere than at the authorised landing place men-
tioned on the permit issued to the headman in charge of the
canoe.
22. No canoe registered on the mainland, or other vessel,
shall put in at any of the islands of the Victoria Nyanza in the
Protectorate without a permit signed by the Chief Secretary to
the Government.
23. The headman or master of any canoe or other vessel
putting in at any infected place in contravention of these rules
shall be deemed to have committed an offence under these rules.
24. No person landing at Banga near the Entebbe gaol shall,
except to embark, leave the area of the landing place without a
permit.
25. No person landing at any of the authorised landing
places on the mainland shall, without the consent of the District
Commissioner, camp in the infected area except at an authorised
landing place or an authorised camping ground (whichever may
be prescribed).
Fisa.
26. No person shall fish in the Victoria Nyanza in the Pro-
tectorate within a distance of two miles from the mainland.
27. No person on the mainland shall buy or otherwise receive
fish which comes from the waters of the Victoria Nyanza. Any
person found in possession of fresh fish shall be deemed to have
committed an offence under these rules unless he can show that he
had reasonable grounds for believing that the said fish did not
come from the waters of the Victoria Nyanza. ‘
GENERAL.
28. Nothing in these rules shall be construed as preventing
any of the persons hereinafter mentioned from entering or
remaining in any infected area or from travelling or from doing
any act prohibited by these rules, notwithstanding the absence
of any permit required by these rules :—
(1) Any person or persons generally or specially
authorised by the Governor.
(2) Any person or persons charged with seeing to the
carrying out of these rules.
(3) The police in the exercise of their duties.
(4) Medical officers in the discharge of their duties.
29. Every permit and certificate of registration under these
rules must be produced when called for ‘by any officer of the
Government, and must be surrendered when the permit or certifi-
cate expires or otherwise ceases to be valid. Any permit or
certificate holder who fails without reasonable cause to produce
Buvuma canoes
calling at mainland,
Communication
with islands.
Offences.
Prohibition of
leaving Banga.
Camping in main-
land infected area,
Fishing.
Purchase of fish.
Savings.
Production and
surrender of
permits.
554 Laws of the Uganda Protectorate. [Cuap, 38,
his permit or certificate when called for, or to surrender it ag
aforesaid, shall be guilty of an offence under these rules.
Penalties, 30. Save as in these rules mentioned, any person who
commits an offence under these rules, and any person who travels
by canoe in contravention of these rules, or otherwise commits
any breach of the provisions of these rules or of the conditions
of any permit issued under the provisions of these rules, and any
person who in any way abets the same, may be arrested without
warrant by any Government officer, and shall, on conviction, be
liable to imprisonment of either description for a term which
may extend to two months, or to fine which may extend to one
thousand rupees, or both; and the canoe in respect of which a
breach or non-observance of any of these rules has been com-
mitted may be confiscated or otherwise dealt with.
Repeal. 31. The Sleeping Sickness Rules, 1908, of the 10th March,
1908, and the rules of the 13th July, 1908, are hereby repealed
save as to any acts done or permit or certificate issued thereunder.
ENTEBBE, H. HESKETH BELL,
147TH DecemsBer, 1908. Governor.
Tur SCHEDULE ABOVE REFERRED TO.
The landing places authorised for use under the Sleeping
Sickness Rules (No. 2), 1908, are the Cleared landing places
at:—°
(1) ON THE Marnuanp. (1) On THE Sessz Istanps. (11) ON tHe Buvuma
IsLanDs.
Nangoma. Bugalla. Kanfunsi.
Kyabasimba. Bugoma. Kulwe.
Bukakata. Bumangi. Bugaia.
Mabamba. Lulamba. Mwama.
Bwaya. Serinya. Dwaiji.
Nakiwogo. Kitobo. Kibibi.
Banga. Bufumira. Mpuga.
Manyago. Bukassa. Wema.
Munyonyo. Bunyama. Ziru.
Luzira. Bubembe. Ngata.
Kibanga. Bubeke.
Nansangazi. . Buguba.
Kasirye. Nsadzi.
Bugungu. Kome.
Jinja. Damba.
Kakungulu. Jana,
Katotis. Dyavodemu.
® For variations of this list, see notices following.
Cuap. 38.] Prevention of Disease. 555
NOTICES.
Unver Rute 19 or THe Ucanpa SiLEepine Sickness Russ (No. 2), 1908.
1. Manyago is hereby removed from the list of authorised landing places
specified in the schedule to the above rules, and the Mackinnon Pier, the Railway
Pier and the old Steam Launch Pier, and the land lying between them at Entebbe
are hereby declared to be authorised landing places within the meaning of the
said rules.
H. HESKETH BELL,
Governor.
ENTEBBE,
Ist January, 1909.
The cleared landing place at Bugoma is hereby removed from the list of
authorised landing places under The Sleeping Sickness Rules (No. 2), 1908.
H. HESKETH BELL,
Governor.
ENTEBBE,
30TH January, 1909.
The following landing place is hereby authorised as a landing place under The
Sleeping Sickness Rules (No. 2), 1908:—
On the mainland: Z1Ba, opposite Mabamba.
ENTEBBE, STANLEY C. TOMKINS,
l7ru Juzy, 1909. Acting Governor.
The following landing place is hereby authorised as a landing place under The
Sleeping Sickness Rules (No. 2), 1908 :—
On the mainland: Kisust.
EntvEBBE, STANLEY C. TOMKINS,
4tu Aucust, 1909. Acting Governor.
556 Laws of the Uganda Protectorate. [CHaP. 38,
The following landing place is hereby restored to the list of authorised landing
places mentioned in the schedule to The Sleeping Sickness Rules (No. 2), of 1908:—
On the mainland: Karoris (otherwise known as Kidumiro).
ENTEBBE, STANLEY C. TOMKINS,
4tn Auaust, 1909. Acting Governor.
The following authorised landing places are hereby removed from the list of
authorised landing places :—
On the mainland: Banea.
KIBANGA.
NANSANGAZI.
KaAsirve.
ENTEBBE, ALEXANDER BOYLE,
30TH OcToBER, 1909. Acting Governor.
No. 8 of 1909.
DANGEROUS DISEASES.
It is hereby enacted as follows :-—
Short title. 1. This Ordinance may be cited as “ The Danger-
ous Diseases Ordinance, 1909.”
Sanitariaandhos- | 2. (a) The Governor may establish and regulate
pitals for dangerous : . A : 4
diseases, places to be used as sanitaria for the segregation or as
hospitals for the treatment of persons who are or are
reasonably suspected to be suffering from any disease
which the Governor may declare by notice in the
Gazette to be dangerous, and may make rules for the
examination of such persons, and for their detention
and treatment in such sanitaria or hospitals, and gen-
erally for the purpose of carrying this Ordinance into
effect.”
1 Sleeping sickness was declared a dangerous disease by notice 5th April,
1909, and rules relating thereto were made on the same date, both following.
Cuap. 38. | Prevention of Disease.
(6) When the Governor has declared any disease
to be dangerous, and has made rules under the Ordi-
nance, any officer in charge of a station or district
may, until the direction of the Governor is obtained,
establish in any local area, places as sanitaria as
aforesaid for the detention and treatment in accord-
ance with the prescribed rules of persons who are or
have recently been suffering from such dangerous
disease.
3. The power to make rules shall include a power
to fix reasonable fees, and charges and tariffs.
4. The Governor may fix such penalties for the
breach or non-observance of any rule as he may think
proper, not exceeding imprisonment with or without
hard labour for a term of two months, or a fine of
1,000 rupees, or both, and when no penalty is imposed
by the rules the breach or non-observance of any rules
shall be punishable to the extent aforesaid.
5. The Small-pox Regulations, dated 1st Decem-
ber, 1899, are hereby repealed.
H. HESKETH BELL,
Governor.
ENTEBBE,
5TH APRIL, 1909.
RULES.
Unper THE DancErous Diseases ORDINANCE, 1909.
Fees, charges and
tariffs,
Penalties,
Regulations
repealed.
1. In these rules the term ‘‘ Medical Officer ’’ means a medical officer of the
Protectorate.
2. A medical officer for the purpose of exercising any of the duties imposed
on him under this Ordinance, or any rules made thereunder, may medically
examine or direct the examination of any person or persons within the Protectorate
who maybe suspected of suffering from sleeping sickness. The medical officer
558 Laws of the Uganda Protectorate. [Crap. 38,
or person conducting the examination as aforesaid is hereafter called the
‘examining officer.”’ 4
3. When any person is found to be suffering from sleeping sickness he may
be directed, subject to the directions of the Governor, by the examining officer to
proceed to the nearest segregation camp or hospital, or to such other segregation
camp or hospital established under this Ordinance as the examining officer shall
think fit, and he shall otherwise comply with the directions of the examining officer.
4, Every person who shall be so sent to such segregation camp or hospital
shall remain there until a medical officer shall, by special or general order,
authorise him to depart, and while there shall submit himself to all directions
issued by the medical officer for the purpose of the administration of such camp
or hospital or the treatment of any person therein, and upon leaving such camp
or hospital he shall comply with any further directions which may be given to him
by the medical officer.
5. Any person who shall refuse to be medically examined as aforesaid, or
who fails to comply with any directions given by an examining officer as aforesaid,
shall be liable to be arrested without warrant by any Government servant or
person acting under his directions, and detained in pursuance of the directions
given by the examining officer, unless and until he shall show, upon application to
a magistrate, that he has been improperly arrested or that he is not suffering from
sleeping sickness.
ENTEBBE, H. HESKETH BELL,
5rH Aprit, 1909. Governor.
NOTICE.
Unver THe DancErous Diseases Orpinance, 1909.
I hereby declare that sleeping sickness is a dangerous disease for the purposes
of the above-mentioned Ordinance.
ENTEBBE, H. HESKETH BELL,
5TH Aprit, 1909. Governor.
11 Porters for the Congo must be examined for sleeping sickness ; see notice lst February, 1909,
under The Native Labour Ordinance, 1905, Chapter 45, ost, page 602.
Jn Buganda, see also The Law for Prevention of Spreading of Sleeping Sickness, 1908, Appe?-
dix B, page 976.
Cuap. 39. | Aduiteration of Produce. 559
CHAPTER XXXIX.
ADULTERATION OF Propvuce.!
No. 4 of 1901. The Adulteration of Produce Regulations, 1901.
No. 4 of 1901.
ADULTERATION OF PRODUCE.
1. In these Regulations :—
“ Produce” includes india-rubber, gutta-percha, caoutchouc,
coffee, tea, cotton, gums, ivory, tobacco, grain, oils, rice, and every
other produce, whether raw or partly or wholly manufactured.
To “adulterate produce” means to falsify, deteriorate, or in-
crease the apparent bulk or weight, or conceal the inferior quality
of produce by the combination, admixture, or addition there-
with or thereto of some foreign, superfluous, or inferior substance,
matter or thing, whether deleterious or not, or by the addition of
water, or by the use of artificial means, and it includes abstracting
from produce part of it so as to injuriously affect its nature, sub-
stance, or quality.
2. Any person who shall adulterate, or cause or order to be
adulterated, any produce shall, subject to the provisions of these
Regulations, unless he shall prove that he acted without intent to
defraud, be guilty of an offence against these Regulations.
3. Any person who shall sell, or offer for sale, or who shall
give or tender in payment or satisfaction of any debt, or who shall
export, or procure, attempt, aid, or abet the exportation of any
adulterated produce, shall be guilty of an offence against these
Regulations, unless he shall prove that, having taken all reasonable
precautions against committing any such offence, he had, at the
time of its commission, no reason to suspect the genuineness or
purity of the produce, and that, on demand made by or on behalf of
the prosecutor, he gave all the information in his power with
respect to the person or persons from whom he obtained the
produce.
1 As to the adulteration of milk in townships, see Rule 107 of The Township Rules, 1903,
Chapter 17, ante, page 308. As to adulterated food, drink, and drugs, see Sections 272 to 276 of The
Penal Code,
560 Laws of the Uganda Protectorate. [Crap. 39,
4. The collection of root rubber and the extraction of rubber
from boiled bark are hereby prohibited; and any person who sells,
purchases, or is found in possession of any root-rubber or rubber
extracted from boiled bark shall be guilty of an offence against
these Regulations.
5. Every ball of rubber must be cut through the centre and
must not be offered for sale or exported otherwise than in half-balls.
6. Any magistrate, if satisfied that there is reasonable ground
for suspecting that any produce so adulterated or any rubber so
collected, extracted, or adulterated as aforesaid is on any pre-
mises or at any place within his district, may grant a warrant to
search such premises or place, and if any such produce or rubber is
found thereon it may be seized and taken before a magistrate to be
‘dealt with according to law.
7. Any person, who, being within the Protectorate, procures,
aids, or is accessory to the commission without the Protectorate of
any act, which, if committed within the Protectorate, would be an
offence against these Regulations, shall be guilty of that offence as a
principal, and be liable to be charged, tried, and convicted in
any part of the Protectorate in which he may be, as if the offence
had been there committed.
--8. Any person committing a breach of these Regulations shall
be liable, on conviction, to a fine not exceeding 300 rupees, or to
imprisonment, with or without hard labour, for a term not exceed-
ing three months, or both, and on a second or subsequent con-
viction to a fine not exceeding 1,500 rupees, or to imprisonment,
with or without hard labour, for a term not exceeding two years,
or to both, and in any case, to forfeit to His Majesty every article
or thing by means of or in relation to which the offence was
committed.
9. Inevery case of a second or subsequent offence against these
Regulations the Court, in addition to any penalty imposed by the
preceding article, may order the offender’s name, occupation,
place of abode and place of business, and particulars of his punish-
ment, to be published at the expense of such offender in such
Gazettes or newspapers or in such other manner as the Court. may
think fit.
10. No prosecution for an offence against these Regulations
shall be commenced after the expiration of three years after the
commission of such offence, or of one year after the discovery
thereof by the prosecutor.
Cuap. 39.] Adulteration of Produce. 561
11. Upon any prosecution under these Regulations, the Court
may order costs to be paid to the defendant by the prosecutor or
to the prosecutor by the defendant, having regard to the informa-
tion given by, and the conduct of, the defendant and the prosecutor
respectively, and may (subject to disallowance by His Majesty’s
Commissioner) order an informer to receive a sum not exceeding one-
half of any penalty recovered in consequence of such prosecution.
12. On the sale, or in the contract for the sale, of any produce,
the seller shall be deemed to warrant that the produce is not
adulterated, unless the contrary be expressed in some writing,
signed by or on behalf of the seller, and delivered at the time of the
sale or contract to and accepted by the purchaser.
13. These regulations may be cited as “The Adulteration
of Produce Regulations, 1901.”
F. J. JACKSON,
Acting Commissioner and Consul-General.
31st DECEMBER, 1901.
Allowed: LANSDOWNE,
His Majesty's Principal Secretary of State for Foreign Affairs.
36
362 Laws of the Uganda Protectorate. [Cuap. 40.
CHAPTER XL.
Potsons.*
No. 9 of 1902. The Poisons Regulations, 1902.
No. 9 of 1902.’
POISONS.
1. For the purpose of these Regulations the term “ poisons”
shall mean such articles as may be comprised in the schedule hereto,
provided that His Majesty's Commissioner and Consul-General
hereinafter referred to as the “Commissioner” may, by Pro-
clamation published in the Gazette at any time, add any article to
the schedule.
2. It shall be unlawful for any person to sell or keep open shop
for selling by wholesale, retailing, dispensing, or compounding
poisons, unless such person shall hold a licence issued under these
Regulations by the Commissioner or such officers as may be desig-
nated by rules made under these Regulations.
3. The Commissioner may make rules designating the officers
by whom, and setting forth the terms and conditions upon which,
licences will be issued under these Regulations, and may fix the fees
to be paid by persons taking out such licences.
4. It shall be unlawful to sell any poison either by wholesale
or by retail unless the box, bottle, vessel, wrapper, or cover 10
which such poison is contained be distinctly labelled with the name
of the article and the word “ POISON,” and with the name and
address of the seller of the poison.
5. It shall be unlawful to sell any poison to any person
unknown to the seller, unless introduced by some person known to
the seller; and on every sale of any such article the seller shall,
before delivery, make, or cause to be made, an entry in a book to be
kept for that purpose, stating the date of the sale, the name and
address of the purchaser, the name and quantity of the article sold,
1 For offences relating to poisons, see also Sections 284 and 328 of The Penal Code.
* For penalties for breaches of these Regulations, see note 2, page 128.
Cuap. 49. | Poisons. os 563
and the purpose for which it is stated by the purchaser to be
required, to which entry the signature of the purchaser and of
the person, if any, who introduced him shall be affixed.
6. The provisions of Clause 4 of these Regulations, which
require that the label shall contain the name and address of the
seller, and the provisions of Clause 5 of these Regulations shall not
apply to sales by wholesale to retail dealers in the ordinary course
of wholesale dealing; nor shall any of the provisions of Clauses
4 and 5 of these Regulations apply to any medicine supplied to his
patient by a person who shall be entitled to practise as a physician
or surgeon in the Protectorate, or in the absence of any law in that
behalf, who shall be entitled to practise as a physician or surgeon
under a diploma obtained from some corporation, association or
society duly authorised for that purpose under the laws of the
country in which such corporation, association, or society is
situated; nor apply to any article when forming part of the in-
gredients of any medicine dispensed by a person authorised by the
Commissioner to dispense medicines, provided such medicines be
labelled in the manner aforesaid with the name and address of the
seller, and the ingredients thereof be entered with the name of the
person to whom it is sold or delivered in a book to be kept by the
seller for that purpose. :
7. The “ Poisons Regulations No. 23 of the 1st March, 1900,”
are hereby repealed
8. These Regulations may be cited as “ The Poisons Regula-
tions, 1902.” '
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
5TH JUNE, 1902.
Allowed: LANSDOWNE, -
His Majesty’s Principal Secretary of State for Foreign A sates
jeer
SCHEDULE.
Arsenic and its preparations. Cyanides of potassium and
all its metallic cyanides. Corrosive sublimate. Oxalic acid.
Tartar emetic. Aconite. Belladonna. Calabar bean.
Chloroform. Coculus Indicus. Datura. Ergot of rye. Henbane.
Nux vomica. Strychnine. Prussic acid. St. Ignatius bean.
Cantharides.
386A
564 Laws of the Uganda Protectorate. [Cuap. 40,
RULES.
Unvrr Szction 3 or Tox Porsons Recutations, 1902.
1. Licences under The Poisons Regulations, 1902, may be obtained on applica-
tion to the Sub-Commissioner of the province in which the applicant desires to
sell poisons.
2. The Sub-Commissioner* may grant or withhold the same at his discretion.
3. Poisons may be sold within such premises only as are specified in the
licence. A separate licence must be taken out for each shop or place in which it
is desired to sell poisons.
4. All licences, whenever taken out, shall expire on the 31st December in
each year.
5. The fee for each licence shall be 45 rupees.
ENTEBBE, J. HAYES SADLER,
10TH Apri, 1903. H.M. Commissioner.
UGANDA PROTECTORATE,, UGANDA PROTECTORATE.
(Issued under The Poisons Regulations,
t
1
t
LICENCE TO SELL Poisons. « Licence To sett Potsons.
t
!
1902, and rules thereunder.) |
(Issued under The Poisons Regulations, 1902, and rules thereunder.)
Pia ssa OP coe ade maeinab hadimamarroeanetceaaeacands ated eet oe
Name .0....ceeeeeeee cece eeeeeeceeees ' is hereby licensed to sell poisons within the premises
MOREE 9 Egle cite she at ely Mee E Ale Nees Re j RNOWIWAG sigs wa siea'ze al ceate’ uot uaniarivanns ome saeamieeenmeniaueren
PLemiSes ser snensaeocsascweauenacare Wave. audure daa vaadisteria ubacinues commana aceucnanchauiaete waceeaccesaene
ai laje Siatelengoas aap wines aw eleleou Sarma awe po Sibtia ter Abseushar oicivcy de neaiwoesune eadaunieneaieess
iovisedadon aches oiierMexeayeemeate SN eeat ; Subject to the terms, conditions and restrictions of
: ‘The Poisons Regulations, 1902, and _ rules
Date Of isSUe......ccccceececeeeee eal
' thereunder.
This licence expires on the 31st December,
19
Issued at , this day of
/19
Fee, Rs. 45. | Fee, Rs, 45.
Sub-Commissioner. Sub-Commissioner.
® For Sub-Commissioner in these rules, see No, 14 of 1908, and notices in Chapter IX., ante.
Cuap. 41.] Liquors.
CHAPTER XLI.
Liqvors.!
No. 3 of 1903. The Uganda Liquor Ordinance, 1903.
No. 8 of 1903. The Uganda Liquor Ordinance (No. 2), 1903.
No. 7 of 1902. The Native Liquors Ordinance, 1902.
No. 10 of 1906. The Native Liquors Ordinance, 1906.
No. 8 of 1903.’
DISTILLED AND ALCOHOLIC LIQUORS.
It is hereby enacted as follows :—
1. From and after the date hereof, no distilled
or alcoholic liquors shall be imported into or sold or
dealt in within the Protectorate otherwise than in
accordance with this Ordinance.
2. Distilled liquors may be admitted for the use
of the non-native population only.
Importation.
3. No person shall import any distilled or alco-
holic liquors into the Protectorate for the purposes
of sale without a licence.
_ 4. (1) Licences to import distilled or alcoholic
liquors into the Protectorate for sale may be granted
by such licensing authority and upon such terms
1 The guiding principles for the importation and manufacture of distilled
and alcoholic liquors were laid down in Chapter VI. of The Brussels Act, 1890.
Uganda is within the zone of prohibition under that Act; see notice
17th January, 1902, Gazette, page 140 (c.) As to the possession and sale of
liquor and intoxicating drugs in Cantonments, see Sections 6-9 of No. 7 of
1908, Chapter 53, post, pages 864-866.
* For “ Sub-Commissioners ”’ under this Ordinance, see No. 14 of 1908, and
notices in Chapter IX., ante.
General importation
prohibited.
Limited importation
allowed.
Licences to be taken
out by importers.
Conditions upon
which licences are
granted.
Laws of the Uganda Protectorate. [Cuap. 41
Importation for oon-
sumption of
importer.
Rate of duty.
Proviso—liquors in
transit.
Bonding,
Licence for scling
liquor,
and conditions as the Commissioner may by rules pre-
scribe, provided that the fee for such licence for the
period of one year shall not exceed 1,000 rupees,
(2) No person shall be entitled to demand a
licence as of right.
5. Distilled and ‘alcoholic liquors may be im-
ported into the Protectorate without licence for the
purpose of being consumed by the importer; but in
‘the event of any question being raised as to the
character of any importation of such liquors it shall
be deemed to be an importation for the purposes of
sale unless and until the contrary is proved.
6. From and after the date of this Ordinance, a
duty at the rate of two rupees the gallon at 50 degrees
of the Gay-Lussac alcoholometer, at the temperature
of 15 degrees centigrade, shall be paid on all distilled
liquors which are imported for sale, consumption, or
use in the Protectorate. The said duty shall bg aug-
-mented proportionally for each -degree above 50
degrees, and shall be diminished proportionally for
each degree below 50 degrees.
Provided that all such liquors consigned to im-
porters in the Protectorate, and actually in transit at
the date of this Ordinance coming into force, shall be
admitted at the rates and in the manner previously
existing.
7. The duty upon wines, beers, and other fer-
mented alcoholic liquors will be payable at the rate
of 5 per centum upon their value as heretofore.
8. The Commissioner may make rules for the
bonding of any distilled or alcoholic liquors, and for
the testing of any distilled liquors imported into or
manufactured in the Protectorate.
MANUFACTURE OF DISTILLED Liquor.’
9, 10, 11, 12.
SALE oF LIQUORS.
13. No person shall sell any distilled or alcoholic
liquors in the Protectorate without a licence."
3 Sections 9-12 were repealed by No. 8 of 1903, following. on :
4 Tavern keepers are ‘liable to fine for harbouring ‘or entertaining pouce
constables on duty, Section 68 of No. 1 of 1908, page 190.
Crap. 41.] Liquors.
567
14. Licences to sell distilled or alcoholic liquors,
either wholesale or by retail, to be consumed either on
or off the premises, may be granted by such licensing
authority, and upon such terms and conditions as the
Commissioner may by rules prescribe.
15. Every licence shall specify the place or places
at which the business of the licensee is to be carried
on.
16. (1) The aforesaid rules shall provide for the
payment of a minimum annual charge for each
licence, and may also provide for the limitation of the
number of licences to be granted in specified locali-
ties, and for the payment of additional charges in
respect of licences to be granted in such localities.
(2) The rules may provide for the sale of liquors
forming part of the estate of a deceased person with-
out payment of any fee.
GENERAL.
17. Distilled or alcoholic liquor, whether manu-
factured in the Protectorate or imported, shall not be
sold or given otherwise than for medicinal purposes
by any person to any native.
18. For the purposes of this Ordinance, “ native”
-Ieans any person of African extraction, not being
an immigrant from a place where the sale of distilled
or alcoholic liquors to such persons is permitted.
19. Any distilled or alcoholic liquors found in
the possession of a native which have not, been sold
or given to him for medicinal purposes shall be liable
to confiscation, and may be seized by any Protectorate
officer or properly authorised person and disposed of
as the Sub-Commissioner of the province may
direct.
20. Any person who commits a breach of this
Ordinance, or of any rules made thereunder, shall, on
conviction, be liable to a fine not exceeding 1,000
Conditions upon
which licences to
sell liquor are
granted.
Place of business to
be specified.
Charge for licences.
Sale to natives pro-
hibited.
Native defined.
Power to seize
liquor in hands of
native.
Penalties for breach
of Ordinance or
rules,
568 Laws of the Uganda Protectorate. [Cuap, 41,
rupees, or imprisonment not exceeding two months
of either kind, or to both, and to forfeiture of any
licence granted to him under or by virtue of this
Ordinance; and any liquor, together with the vessel
or vessels in which it is contained, or any instru-
ment or plant for the manufacture of the same, in
respect of which a conviction has been obtained for
a breach of this Ordinance, or of any rules made as
aforesaid, shall be liable to confiscation and to be
disposed of in such manner as the Sub-Commissioner
of the province or a Court may direct.
Tembo exempt from 21. This Ordinance does not apply to tembo or
ms oranene® other liquors habitually drawn or manufactured by
natives.
Repeal. 22. The Distilled Liquors Regulations, 1896
(26th November, 1896), and The Traders’ Regulations
(30th September, 1900), in so far as the same are now
in force, are hereby repealed.
Short title. 23. This Ordinance may be cited as “The
Uganda Liquor Ordinance, 1903.”
J. HAYES SADLER, ~
His Majesty's Commissioner.
ENTEBBE,
2np Marcu, 1903.
No. 8 of 1903.
DISTILLED LIQUOR.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Uganda Liquor Ordin-
ance (No. 2), 1903.”
2. (1) The manufacture of distilled liquor at any place within
the Protectorate is prohibited.
(2) Sections 9, 10 (except as hereinafter mentioned), 11, and 12
of “ The Uganda Liquor Ordinance, 1903 (No. 3 of 1903),” are here-
by repealed.
wap. 41.] Liquors. 569
3. The manufacture of distilled liquor under a licence issued
by the Commissioner under Section 10 of “The Uganda Liquor
Ordinance, 1903 (No. 3 of 1903),” may continue so long as the licence
is in force upon the terms and subject to the conditions laid down |
in the said Ordinance or in any rules thereunder, or in the licence,
but no such licence shall be renewed.
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
147TH Juxy, 1903.
RULES.
Unper Toe Ucanpa Liquor Orpinance, 1903.
1. The Sub-Commissioner.of a province shall be the licensing authority for
the grant of licences under these rules within the limit of such a province.
2. Any of the licences specified in the schedule hereto may be obtained on
application to the licensing authority, who may grant or withhold the same at his
discretion.
3. The licensing authority may require security to be given before granting
any licence.
4. No licence shall be transferable without the permission of the licensing
authority.
5. Subject to the exemptions contained therein, the fees specified in the
schedule hereto shall be payable before the issue of any licence: Provided that in
the case of a holder of an alcoholic liquor licence under The Traders Regulations,
1900, whose licence expires during the year 1903, and who desires to take out a
licence under these rules, a proportionate rebate may be made by the licensing
authority calculated to the beginning of the month in which the former licence
expires.
_ 6. Distilled or alcoholic liquors may be sold on the premises specified on the
‘licence only. A separate licence must be taken out for each shop or house in
which it is desired to sell alcoholic or distilled liquors.
7, All licences, whenever taken out, shall expire on the 31st December in
each year.
ENTEBBE, J. HAYES SADLER,
107TH Marcu, 1903. H.M. Commissioner.
570 Laws of the Uganda Protectorate. (Cap. 41,
SCHEDULE OF LICENCES AND FEES.
ImMpPorvaTION.
Licence for the importation of distilled or alcoholic liquors for the
purpose of sale ... vi re
Exemption.—The holder of a similar licence in the East Africa Pro-
tectorate will be exempt from the payment of this fee.
SALE.
I. Licence for the sale of alcoholic or distilled liquor, either whole-
sale or by retail, between the hours of 6 a.m. and 12 p.m., to be
consumed either on or off the premises ... es ‘
II. Licence for the sale of alcoholic or distilled liquor, either whole-
sale or by retail, between the hours of 6 a.m. and 10 p.m.
(Sundays excepted) to be consumed either on or off the premises
III. Licence for the sale of alcoholic or distilled liquor, either whole-
sale or by retail, between the hours of 6 a.m. and 8 p.m., to be
consumed off the premises ... om ‘
IV. Licence for the sale of alcoholic or distilled liquor wholesale only
between the hours of 6 a.m. and 8 p.m. 3 ae oh
V. An occasional licence to the holder of a first or second class licence
as specified above for the sale of alcoholic or distilled liquors in
exceptional cases for a limited period at any place other than
the premises specified in the licence of which he is the holder...
Exemption.—Distilled or alcoholic liquors forming part of the estate of
a deceased person may be sold by the personal representative
of the deceased without payment of any fee.
J. HAYES SADLER,
Rs. 100
Rs. 600
Bs. 450
Rs. 250
Rs. 200
H.M. Commissioner.
The following licence may be obtained, and the fees specified shall be payable,
as provided by the rules of the 10th March, 1903, made under The Uganda Liquor
Ordinance, 1903, as if the licence and fee had been inserted in the schedule thereto.
VI. An occasional licence for the sale in exceptional cases of
alcoholic or distilled liquor by auction on the premises
specified in the licence sig sh oie
ENTEBBE, J. HAYES SADLER,
Rs. |
147TH Ocroser, 1903. H.M. Commissioner.
CHap.. 41.] ‘Liquors. 571
The fee payable for any new licence, other than an occasional licence, under
The Uganda Liquor Ordinance, 1903, taken out after the 31st day of March, the
30th day of June, or the 30th day of September in any year shall be respectively
4, 4, or $ of the prescribed fee for such licence.
_ ENTEBBE, GEORGE WILSON,
16ra Sepremper, 1904. Acting Commissioner.
No. 7 of 1902.
NATIVE LIQUOR.
it is hereby enacted as follows :—
1. The sale of palm wine, pombe, fermented asali
(honey), and all other native intoxicating liquors,
hereinafter called native liquors, is hereby prohibited
in the places specified in the annexed schedule, except
under a licence and upon the conditions prescribed
in this Ordinance.” —
2. Licences to sell native liquors may be granted
by such licensing authority, and upon such terms and
conditions as the Commissioner may by rules pre-
scribe.
3. All licences whenever taken out shall expire
on the 31st December in each year.
4. The fee for each licence shall be the sum speci-
fied in the schedule annexed.
5. The licensee shall sell such liquors in such:
place or places only as shall be specified in the licence.
6. (1) The Commissioner may from time to time
by Proclamation extend the application of this
Ordinance to such other towns, places or areas with-
in the Protectorate as he may think fit, and may fix
and vary the fee to be charged for a licence in such
places.
(2) The Commissioner may also suspend by Pro-
clamation the operation of this Ordinance in any
town, place or area to which it way have been applied,
or may add to, or reduce, the fees charged.
* See note to Section 13 of The Uganda Liquor Ordinance, 1908, «ante,
page 566,
572
Laws of the Uganda Protectorate. [CHary 41,
Penalties for breach
of Ordinance.
7. Any person who commits a breach of this
Ordinance, or of any rules made thereunder, shall, on
conviction, be liable to a fine not exceeding 1,000
rupees, or imprisonment not exceeding two months
of either kind, or to both, and to forfeiture of any
licence granted to him under or by virtue of this
Ordinance; and any liquor, together with the vessel
or vessels in which it is contained, or any instrument
or plant for the manufacture of the same, in respect
ot which a conviction has been obtained for a breach
of this Ordinance, or of any rules made as aforesaid,
shall be liable to confiscation, and to be disposed of
in such manner as the Collector of the district or a
Court may direct.
8. This Ordinance may be cited as “ The Native
Liquors Ordinance, 1902.”
SCHEDULE.
PLACE OR AREA TO WHICH THE ORDINANCE APPLIES.°
The following Government stations :—
Fee.
Entebbe... i ie a 150 rupees.
Kampala _... an nee sats 150s,
Masaka _.... Be ae - 100 _~—C—=»,
Mubendi’ ... ee ae cans 100 _—s—=4,,
The following Government stations and all places within a
distance of 4 miles from the Collector’s office in each :—*°
Fee.
Jinja we “es or es 100 rupees.
Hoima en nae as Le 100 =,
Masindi _... sn ie a 100 sé,
Mbarara _... ae sue ae 100 _—éi,,
Fort Portal ed i ae 100 _=Cé,,
ENTEBBE,
J. HAYES SADLER,
His Majesty's Commissioner.
1st NovemMBER, 1902.
6 The Ordinance has also been applied to Mnauz, Nimutz and Burrana—see proclamations
following.
7 Mubendi was substituted for Kakumiro by notice 4th November, 1909, Chapter 7, 41
page 132.
te,
8 Budaka was removed from this schedule by proclamation 2nd November, 1904, following.
Cap. 41.| Liquors. 573
PROCLAMATIONS.
Unper THE Native Liquors Orpinance, 1902.
The station of Budaka is hereby removed from the schedule to The Native
Liquors Ordinance, 1902, and proclamation is hereby made that a fee of 100 rupees
will be charged for a licence under the said Ordinance in the Government station
of Mbale and all places within a distance of four miles from the Collector’s office
therein.
ENTEBBE, GEORGE WILSON,
2np Novemser, 1904. Acting Commissioner.
In exercise of the powers vested in me by The Native Liquors Ordinance, 1902,
I hereby extend the application of the said Ordinance to the Government station
of Nimule, and all places within a distance of four miles, in the limits of the
Protectorate, from the Collector’s office, and I direct that the fee to be charged
for a licence to sell native liquors within the said area shall be 100 rupees.
ENTEBBE, GEORGE WILSON,
10TH Fepruary, 1905. Acting Commissioner.
In exercise of the powers conferred upon me by Section 6 of The Native Liquors
Ordinance, 1902, I hereby extend the application of the said Ordinance to an area
of four miles from the main landing place at the Port of Butiaba.
The fee payable within the aforesaid area for a licence under Section 2 of
the said Ordinance shall be 50 rupees.
ENTEBBE, H. HESKETH BELL,
147TH Aprin, 1908. Governor.
RULES.
Unver THe Native Liquors Orpinance, 1902.
1. Licences under The Native Liquors Ordinance, 1902, may be obtained on
application to the Collector of the district in which the applicant desires to sell
native liquors.
oft
Laws of the Uganda Protectorate. [Cuap. 41,
ENTEBBE, J. H. SADLER,
20TH Novemser, 1902. HM. Commissioner.
UGANDA PROTECTORATE., UGANDA PROTECTORATE.
LICENCE TO SELL Native Liquor. Licence To sELL Native Liquor.
: (Issued under The Native Liquors Ordinance, 1902.)
NGmeeecenean —_—_—_—_—_—_—
'
MNO sinnao tac haisea een ants, eae Gad as ; Now eeeeeees
re ne Esp peel acco le en gk ipa i anne eae
bi OB ety sta laae wilee ais waly ands sae cine Wes waded hab ba Bei PRE
Tae th: AS Bis tee a Soe yee is hereby licensed to sell Native Liquor on the
i premises known as..........c.cce cence eee eee seers
| Situate at.c..cc.cccccccccccceecceececeeenecsaneneeeesereeenes
: This licence expires on the 31st December,
, 19 =
Issued at............08 this......day of... ;
bd
Fee, Rs....... Fee paid, Rs.......
Collector. Collector.
2. Licences shall be in the following form :—
NOt: desuiens
LicENCE TO SELL NatIve Liquor.
(Issued under The Native Liquors Ordinance, 1902.)
OL eaicesie Sa dils sone Yow sios nade Boa ato Henne ayer nen gee Hes et anaes etmadie eect Jailed y
is hereby licensed to sell native liquors on the premises known as
SRS Gad wiasoens en sanees se BEGUN bi ays si dey: encacies ign via aioe Mes ey es Sete bwtecs aude
This licence expires on the 3lst December, 19
Issued at.................. pp UMTS wee ees dates day Of scsi cman: 19 ..
Fee paid, Rs............
Collector.
3. The Collector may grant or withhold the same at his discretion.
Cap. 41.| Liquors. 575
1. The Collector of a district shall be the licensing authority for the grant of
licences under The Native Liquors Ordinance, 1902, within the limits of such
district.
2. The licensing authority may grant or withold a licence at his discretion.
3. No licence shall be transferable without the permission of the licensing
authority.
EnrEsse, UGANDA, J. HAYES SADLER,
ist Apriz, 1903. HM. Commissioner.
1. A licence under The Native Liquors Ordinance, 1902, shall state the
amount of native liquors which persons who are licensees under that Ordinance
may have in their possession or control.
ENTEBBE, H. HESKETH BELL,
22np OctToBER, 1906. His Majesty’s Commissioner.
No. 10 of 1906.
NATIVE LIQUOR.
It is hereby enacted as follows :—
1. The importation of palm wine, pombe, fer- ‘importation ot
mented asali (honey) and other native intoxicating _
liquors (hereinafter called native liquors) into the
places specified in Schedule (1) is hereby prohibited
except under a licence in writing from the Collector
and upon the terms and conditions specified therein.
2. No person shall have in his possession or under Possession or con-
trol of native
his control in the places specified in Schedule (1)!
576
Laws of the Uyanda Protectorate. [Cuap. 41,
Licensing
authority.
Extension of appli-
cation of Ordinance.
Licence.
Fees.
Penalties for breach
of Ordinance.
native liquors to a greater quantity than is reasonably
necessary for the use of his household, except under a
licence in writing from the Collector, and upon the
terms and conditions specified therein: Provided
always that any person holding a licence to sell under
The Native Liquors Ordinance, 1902, or a licence
under this Ordinance may have in his possession, or
under his control, such quantity of native liquors as
shall be specified in such licence.
3. The licensing authority under this Ordinance
may grant or withhold a licence at his discretion.
4. The Commissioner may from time to time by
Proclamation extend the application of this Ordi-
nance to such other towns, places or areas within the
Protectorate as he may think fit.
5. A licence under this Ordinance shall be in
one of the forms in Schedule (2), or to that effect, or
in such form as the Commissioner may from time to
time by rules direct, and such licence shall be pro-
duced by the licensee upon demand.
6. No fee shall be charged for a licence under
Section 1. The fee chargeable under Section 2 shall
be the sum of eight annas. The Commissioner may
by rules fix or vary the fee to be charged for any
licence under this Ordinance.
7. Any person who commits a breach of this
Ordinance or any of the terms and conditions speci-
fied in any licence made in pursuance thereof, shall,
on conviction, be liable to a fine not exceeding one
thousand rupees, or imprisonment of either kind not
exceeding two months, and to the forfeiture of any
licence granted to him under or by virtue of this
Ordinance, or The Native Liquors Ordinance,
1902: and any native liquor together with the
vessel or vessels in which it is contained, or any
instrument or plant for the manufacture of the same
in respect of which a conviction has been obtained for
a breach of this Ordinance, or of any of the rules
or conditions made as aforesaid shall be liable to
Cuap. 41.] Liquors. 577
confiscation, and to be disposed of in such manner
as the Collector or a Court may direct.
8. An offence under this Ordinance shall be a cognizavie oftence.
cognizable offence within the meaning of Section
54 (1) of The Code of Criminal Procedure, 1898.
9. This Ordinance may be cited as “The Native Giaten st
Liquors Ordinance, 1906.”
H. HESKETH BELL,
His Majesty’s Commissioner.
ENTEBBE,
22npD OcToBER, 1906.
SCHEDULE (1).
PLACES OR AREAS TO WHICH THIS ORDINANCE APPLIES.
1. The following township :—
Entebbe.
2. Any town, place, or area to which this Ordinance may by
proclamation be extended.
SCHEDULE (2).
Form of Licence under Section 1.
Licence to import native liquors under The Native Liquors
Ordinance, 1906.
1. [Name of licensee] is hereby authorised to import into
[name of place | [amount] [kind of native liquor] on the
day of 19 between the bours of and by the
road.
2. This licence must be produced upon demand.
3. This licence is not transferable.
4. This licence is available only or the date and between the
hours and by the road stated above.
[ Signature of Collector. |
Collector.
37
578 Laws of the Uganda Protectorate. [Cuap, 41,
Form of Licence under Section 2.
Licence.
1. [Name of licensee | is hereby authorised to have in his pos-
session or under his control in | place] [amount] of [ kind of native
liquor] on [state day upon which or days upon which the licence is
available |.
2. This licence must be produced upon demand.
3. This licence is not transferable.
4. This licence is only available for the period stated above.
[Signature of Collector. |
Collector.
Cuap. 42. | Opium. ; 579
CHAPTER XLII.
Opium.
No. 10 of 1902. The Opium Regulations, 1902.
No, 10 of 1902.
OPIUM.
1. In these regulations “Opium” includes also poppy heads,
preparations or admixtures of opium and intoxicating drugs pre-
pared from the poppy, and also the preparations known as bhang,
ganja, churus, and chandoo natron, and any other product or pre-
paration which the Commissioner may, from time to time, by
public notice declare to be included.
“Commissioner” means His Majesty's Commissioner and
Consul-General for the Uganda Protectorate and any person acting
for him.
2. It shall be unlawful for any person to grow, produce, manu-
facture, sell, either wholesale or retail, export, import, or transport
opium unless such person shall hold a licence under these
Regulations.
3. The Commissioner may cause an advertisement to be
inserted in the official Gazette for the Uganda Protectorate stating
the number of licences which he proposes to issue during a specified
period, the different areas to which such licences shall be confined,
and such other particulars as he may deem proper.
4. The Commissioner may hereafter cause such licences to be
sold by public auction at such places, and subject to such terms
and conditions, including the right to accept the highest or any
other bid, as he may deem fit.
5. The persons whose bids have been accepted shall each be
entitled, upon payment of the amount of their respective bids, to
receive a licence under these Regulations, the different areas to
which their respective licences are confined being duly inserted
oe in accordance with the advertisement mentioned in Article
ereof.
37a
580 Laws of the Uganda Protectorate. [Cuap, 42,
6. Such licences shall be operative during the period specified
in the said advertisement only.
7. The Commissioner may attach to any licence such con-
ditions, as he may think proper, and, in particular, may by such
conditions—
(a) Restrict the hours during which opium may be sold.
(b) Restrict the amount of opium which may be sold at
one time to any individual.
(c) Restrict or prohibit the consumption of opium on the
premises of the licensee.‘
(zd) Prohibit the sale of adulterated opium.
(e) Restrict the sale of opium to young persons under a
specified age, or to natives, either generally or of particular
tribes or classes.
And any breach of a condition so attached to a licence shall be
punishable as a breach of these Regulations.
8. No licence shall be issued except in accordance with the
said advertisement.
9. Any person infringing these Regulations shall, on convic-
tion, in addition to the penalties provided by Article 56 of “The
Africa Order in Council, 1889,” be liable to forfeiture of any licence
he may hold hereunder and to the confiscation of any opium in his
possession or under his control.?
10. These regulations may be cited as “The Opium Regula-
tions, 1902.”
J. HAYES SADLER,
His Majesty’s Commissioner.
ENTEBBE,
5TH JUNE, 1902.
Allowed: LANSDOWNE,
His Majesty’s Principal Secretary of State for Foreign Affairs.
1 For penalties provided by Article 56 of the A. O, C., 1889, see note 2, page 128.
Cap. 43.] Petroleum. 581
CHAPTER XLIII
PETROLEUM.
[The Indian Petroleum Act, 1899 (VIII. of 1899) was applied to the Protectorate
with modifications by Order of the Secretary of State 17th August, 1899.]®
Notice of the expected arrival of any vessel with kerosene as cargo must be given to the
port officer, Entebbe; see Section 7 of No. 3 of 1905, Chapter 18, ante, page 814. As to the
storage of kerosene in townships, see Rule 64 of The Township Rules, 1908, Chapter 17, ante,
ei es “* Kerosene "' is included in the term ‘ Petroleum,” Section 9 of The Indian Petroleum
* See No. 15 of 1899 and The Applied Indian Acts Ordinance, 1909, Chapter 7, ante.
582 Laws of the Uganda Protectorate. (CHap. 44,
CHAPTER XLIV.
EXPLOSIVEs.!
[The Indian Explosives Act, 1884 (IV. of 1884) was applied to the Protectorate
by Order of the Secretary of State, 10th January, 1898, and was re-applied with
modifications by Order of the Secretary of State 17th August, 1899.]?
No. 8 of 1898. The Uganda Explosives Rules, 1898.
No. 6 of 1904. The Trade in Fire-arms Ordinance, 1904.
No. 8 of 1898.
RULES AS TO EXPLOSIVES.
Whereas under the provisions of Section 5 of “The Indian
Explosives Act, 1884” (Act 4 of 1884), as applied to the Uganda
Protectorate, Her Majesty’s Commissioner and Consul-General for
the Uganda Protectorate, with the previous sanction of Her
Britannic Majesty’s Principal Secretary of State for Foreign
Affairs, may make rules consistent therewith, to regulate or pro-
hibit, except under and in accordance with the conditions of a
licence granted as provided by those rules, the manufacture, posses-
sion, use, sale, transport, and importation of explosives, or of any
specified class of explosives.
It is hereby notified that the Commissioner has, in pursuance
of the powers aforesaid, made the following—
RULES.
1. These rules may be cited as “ The Uganda Explosives Rules,
1898.”
1 As to the use of explosives in mines, see Rule 8 of The Safe Mining Bules, 1902, Chapter 26,
ante, page 489. Notice of the expected arrival of any vessel carrying explosives as calgo at
Entebbe must be given to the port officer; see Section 7 of No. 8 of 1905, Chapter 18, ante,
page 814, As to negligence, ete., with respect to explosives, sce The Penal Code. See also Arms
and Ammunition, Chapter 10, anée.
2 See No. 15 of 1899 and The Applied Indian Acts Ordinance, 1909, Chapter 7, ante, page 128.
Cuap. 44.] Explosives. 583
2. In these rules—
(1) “ Explosive ”
(a) Means nitro-glycerine, dynamite, gun-cotton, blasting
powders, fulminate of mercury, or of other metals, coloured fires,
and every other substance, whether similar to those above-mentioned
or not, used or manufactured with a view to produce a practical
effect by explosion, or a pyrotechnic effect; and
(b) Includes fog-signals, fireworks, fuses, rockets, detona-
tors, and every adaptation or preparation of an explosive as above
defined, and any other substances’ which the Commissioner may
from time to time by notice declare to be “ explosives ;” but
(c) Shall not include any gun-powder, cartridges, caps, or
other materials for loading fire-arms, to which “ The Uganda Fire-
arms Regulations, 1896,” apply.
(2) “Master “ includes every person having for the time being
command or charge of a vessel : Provided that, in reference to any
boat belonging to a ship, master shall mean the master of the ship.
(3) “Import” means to bring into the Uganda Protectorate
by water or land.
(4) “District officer” comprises every person appointed by the
Commissioner to be in charge of any district.
(5) “ Court ” means any Court or person exercising jurisdiction
under “The Africa Order: in Council, 1889,” or any amendment
thereof.
__ 3. Save as provided in Rules 5 and 10, all explosives imported
into the Protectorate shall be deposited at the risk, cost, and peril
of the person importing the same, in such public warehouses as
ie be appointed by the Commissioner by public notice to that
effect.
4. It shall not be lawful to import any explosives into the
Protectorate, except on production of an export declaration, which
has been made by the importer and signed by the proper Customs
official of the country from which the explosives have been
imported.
_ 5 The Commissioner may, on special request, grant import
licences for the introduction of specified explosives—
(1) To persons affording sufficient guarantee that the explo-
ae will not be given, assigned, or sold to third persons without a
icence.
084 Laws of the Uganda Protectorate. [Cuap. 44,
(2) To travellers provided with a declaration of their Govern-
ment stating that the explosives are destined exclusively for their
personal defence.
For each such licence which may comprise one consignment of
explosives, however large, shall be paid the sum of 10 rupees.
If such explosives are not exported from the Protectorate
within eight days, excluding the time of transit after reaching the
Protectorate, they shall be deposited in a public warehouse, as pre-
scribed in Rule 3, and be subject to all the provisions of these
rules.
6. On each external package containing explosives imported
into the Protectorate, there shall be affixed in conspicuous charac-
ters, by means of a brand or securely attached label or mark, the
word “ Explosive,” followed by the name of the explosive or other
description of the contents, and name and address of the sender.
Proper directions for the safe transport and handling of the pack-
ages shall be specified in a way-bill or other note which shall
accompany each consignment.
7. Any person contravening any provision of the four
preceding rules shall, on summary conviction before a Court, which
may order the explosives to be forfeited to Her Majesty, be liable
to-a penalty not exceeding 3,000 rupees.
8. No explosives shall be withdrawn from a public warehouse
except on the written authority of the Commissioner or of a Dis-
trict Officer. Any person delivering or withdrawing any explosive
from a public warehouse without the proper authority shall be
liable, on conviction before a Court, to a penalty not exceeding 1,000
rupees.
9. The Commissioner or a District Othicer may, by licence,
authorise the withdrawal of explosives from a public warehouse
for the purpose of sale. Such withdrawal licence shall specify the
store within which the same are to be kept before sale, and the
region or district in which they may be‘ sold, and may require
accounts to be delivered at fixed times of the explosives sold and
remaining in stock respectively. For each such withdrawal licence
shall be paid the sum of 10 rupees.
10. The Commissioner may, notwithstanding the provisions
of these rules, take such measures as he thinks fit for importing,
manufacturing, storing, and issuing explosives for the use of the
troops, or police, or other public force, or otherwise, for the protec-
tion of the Protectorate and its inhabitants, or for military
operations, whether rendered necessary by local circumstances of
directed by Her Majesty’s Government.
Cuap. 44. | Explosives. 585
11. The Commissioner, or a District Officer, may, by licence,
authorise the withdrawal of explosives from a public warehouse—
(1) 'To persons affording sufficient guarantee that the explo-
sives will not be given, assigned, or sold to a third person without a
licence.
(2) To travellers provided with a declaration of their Govern-
ment stating that the explosives are destined exclusively for their
personal defence.
12. The rates of rent which shall be payable in respect of any
explosives deposited in any public warehouse shall be as follows :—
For every parcel or quantity of 100 lbs. or under of explosives,
1 rupee for every three months or portion of three months.
No authority shall be given for the withdrawal of any explo-
sives in respect of which all arrears of rent have not been fully paid.
All sums due under this section may be recovered summarily
in a Court.
13. Where any explosives are, without the proper authority
or licence, kept in a place other than a public warehouse, the
occupier of such place (unless he can prove that the same were
deposited there without his knowledge or consent), and also the
owner of, or other person guilty of keeping the same, shall, on sum-
mary conviction before a Court, be liable to a penalty not exceed-
ing 1,000 rupees, and the Court may order that all or any part of
such explosives be forfeited to Her Majesty.
14. The manufacture of all explosives within the Protectorate,
other than in pursuance of Rule 10, is prohibited, save that the
Commissioner, by special licence under his hand, may authorise the
manufacture of explosives at such place, and under such restric-
tions, and to such an amount as is therein specified.
For each special licence shall be paid the sum of 20 rupees.
15. The occupier of any place where the unlicensed manufac-
ture of explosives may take place (unless he can prove that the
same were manufactured there without his knowledge or consent),
and also the owner of, or other person guilty of manufacturing the
same, shall, on summary conviction before a Court, be liable to a
penalty not exceeding 3,000 rupees, and the Court may order that
all or any part of such explosives, or the materials thereof, be for-
feited to Her Majesty.
16. It shall be lawful for a District Officer, if satisfied by infor-
mation on oath that any explosives are being unlawfully manufac-
tured, imported, kept, or sold, in contravention of these rules at
any place, whether a building or not, or any vessel or vehicle, to
586 Laws of the Uganda Protectorate. [Cuap. 44,
grant a warrant to enter at any time, and if needs be by force, on
Sundays as well as on any other days, the place, vessel, or vehicle
named in such warrant, and every part thereof, and to examine the
same, and to search for any explosives unlawfully manufactured
or kept therein, and to demand trom the owner or occupier thereof
the production of his licence or authority for manufacturing,
importing, keeping, or selling the same.
Where the officer or other person executing such warrant has
reasonable cause to believe that any explosive found by him in any
such place, vessel, or vehicle is being manufactured, imported, kept,
or sold in contravention of these rules, he may take samples of any
explosives found therein on payment of the value thereof, or may
seize and detain the said explosives until the Court has decided
whether the same are liable to be forfeited or not.
Proceedings in the Court shall be commenced within one month
of the date of the seizure.
17. Any person acting under such warrant shall not be liable
to any suit for seizing or detaining any explosives, subject, or pre-
sumably subject, to the provisions of these rules.
18. Where the owner or master of a vessel is adjudged under
these rules to pay a fine for an offence committed with or in relation
to that vessel, the Court may, in addition to any other power it may
have for the purpose of compelling payment of the fine, direct it to
be levied by distress and sale of the vessel and the tackle, apparel,
and furniture thereof, or so much thereof as is necessary.
19. Whosoever attempts to commit, or aids or abets in the com-
mission of, any offence against these rules, may be dealt with in the
same way, and shall be liable in the same penalty as if he was
charged with the same offence.
20. Nothing in these rules shall prevent any person from being
prosecuted under any other law or rule for any act or omission
which constitutes an offence against these rules, or from being liable
under that other law or rule to any other or higher punishment or
penalty than that provided by these rules : Provided that a person
shall not be punished twice for the same offence.
21. These rules shall come into force on the Ist day of April,
1898. °
E. J. L. BERKELEY,
Her Majesty's Commissioner and Consul-General.
UGANDA,
20TH Marca, 1898.
Sanctioned :
SALISBURY.
Cuap. 44.] Explosives. 587
No. 6 of 1904.’
TRADE IN FIRE-ARMS.
It is hereby enacted as follows :—
1. (1) No person shall trade in fire-arms, ammunition, or
explosives without a licence.
(2) Such licence shall be termed a licence to deal in fire-arms,
and may be issued by the Collector of a district. The licence shall
last for one year from the date of issue and shall cost 150 rupees.
(3) A licence to trade in fire-arms shall only permit sale to per-
sons of European or American descent, or to Asiatics approved by
the Commissioner.
2. The sale, gift, or loan of fire-arms, ammunition, or explo-
sives to natives is prohibited, provided that, in the case of a native
employed in the public service, or as a porter or askari with a
caravan, permission to carry and use a fire-arm shall not be deemed
to be prohibited by this section.
3. Licences for the sale of fire-arms, ammunition, and explo-
sives, issued under Section 4 of “ The Traders’ Regulations, 1902,”
in force at the date of this Ordinance, shall be deemed to be licences
under this Ordinance.
4. Any person trading in fire-arms, ammunition, or explosives,
without a licence, or selling, giving, or lending fire-arms, ammuni-
tion, or explosives to a native in contravention of Section 2, shall be
guilty of an offence, and be liable to a fine not exceeding 1,000
rupees, or to imprisonment of either kind not exceeding twelve
months, or to both.
_ 5. Nothing herein shall be deemed to affect “The Uganda
Fire-arms Regulations, 1896.” *
6. This Ordinance may be cited as “ The Trade in Fire-arms
Ordinance, 1904.”
J. HAYES SADLER,
His Majesty's Commissioner.
3 This Ordinance was repealed, except as regards explosives, by Section 48 of The Uganda Arms
Ordinance, 1906, Chapter 10, ante, page 162.
‘These regulations were repealed by Section 48 of The Uganda Arms Ordinance, 1906,
Chapter 10, ante, page 162, which contains the present law on the subject of arms and ammunition.
588
Laws of the Uganda Protectorate. [Cuap. 45,
CHAPTER XLV.
LaAsour.!
No. 12 of 1903. The Breach of Contract Ordinance, 1903.
No. 9 of 1905. The Native Labour Ordinance, 1905.
No. 14 of 1909. The Native Labour (Amendment) Ordinance, 1909.
Short title.
If workman neglect
to perform work, on
account of which he
has received an ad-
vance of money,
complaint may be
made to the magis-
trate.
No. 12 of 1903.
BREACH OF CONTRACT.’
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Breach
of Contract Ordinance, 1903.”
2. When any artificer, workman, or labourer
shall have received from any master or employer,
resident or carrying on business in any township to
which this Ordinance applies, or from any person
acting on behalf of such master or employer, an
advance of money on account of any work which he
shall have contracted to perform or to get performed
by any other artificers; workmen, or labourers, if such
artificer, workman, or labourer shall wilfully and
without lawful or reasonable excuse neglect or
refuse to perform or get performed such work accord-
ing to the terms of the contract, such master oF
employer or any such person as aforesaid may com-
plain to a magistrate, and the magistrate shall there:
upon issue a summons or a warrant, as he shall think
1 Employers of labour may be called upon to pay for additional police
rendered Aecuean by conduct of labourers; see Section 82 of No. 1 of 1908,
Chapter 12, ante, page 194. As to caravan porters carrying arms, see
Section 15 of No. 5 of 1906, Chapter 10, ante, page 155, and Rule 7 of the
Rules of the 31st October, 1908, under The Uganda Trade Ordinance, 1904,
Chapter 82, ante, page 505. As to forced labour, see Section 874 of The
Penal Code.
* For application of this Ordinance, see Section 6 and notice, page 590.
For breach of contract by porters, see Section 30 of The Native a
Ordinance, 1905, and note thereunder, following ; and for breach aapgre
service, see Chapter 19 of The Penal Code, and Section 198 of The Criminal Iro-
cedure Code. :
Cuap. 45. | Labour.
589
proper, for bringing before him such artificer, work-
man, or labourer, and shall hear and determine the
case.
ay
3. If it shall be proved to the satisfaction of the
magistrate that such artificer, workman, or labourer
has received money in advance from the complainant
on account of any work, and has wilfully and without
lawful or reasonable excuse neglected or refused to
_perform or get performed the same, according to the
terms of his contract, the magistrate shall, at the
option of the complainant, either order such artificer,
workman, or labourer to repay the money advanced,
or such part thereof as may seem to the magistrate
just and proper, or order him to perform or get per.
formed such work according to the terms of his con-
tract; and if such artificer, workman, or labourer shall
fail to comply with the said order, the magistrate
may sentence him to be imprisoned with hard labour
for a term not exceeding three months, of if the order
be for the repayment, of a sum of money, for a term
not exceeding three months or until such sum of
money shall be sooner paid: Provided that no such
order for the repayment of any money shall, while the
same remains unsatisfied, deprive the complainant
of any civil remedy by action or otherwise which he
might have had but for this Ordinance.
4. When the magistrate shall order any artificer,
workman, or labourer to perform or get performed
any work according to the terms of his contract, he
may also at the request of the complainant require
such artificer, workman, or labourer to enter into a
recognizance with sufficient security for the due per-
formance of the order; and in default of his entering
into such recognizance or furnishing such security to
the satisfaction of the magistrate, may sentence him
to be imprisoned with hard labour for a period not
exceeding three months.
3. The word “contract,” as used in this Ordi-
nance, shall extend to all contracts and agreements,
whether by deed, or written or verbal, and whether
such contract be for a term certain, or for specified
work, or otherwise. 7
Magistrate may
order repayment of
advance or perfor-
mance of contract.
Penalty if workman
fail to comply with
the order,
Magistrate may
require workman to
give security for due
performance of
order.
To what contract
the Ordinance
extends.
rd
590 Laws of the Uganda Protectorate. [Cuap, 45,
Application, 6. This Ordinance shall extend to the townships
of Entebbe and Kampala and may be extended by the
Commissioner to any place within the Protectorate,
J. HAYES SADLER,
H.M. Commissioner.
ENTEBBE, UGANDA,
14TH OcToBER, 1903.
NOTICE.
Unver THE Breacu oF Contract ORDINANCE, 1903.
In exercise of the power vested in me by The Breach of Contract Ordinance,
1903, I hereby declare that the said Ordinance shall extend to the stations of
Jinja and Mbale in the Central Province.
ENTEBBE, GEORGE WILSON,
6TH January, 1906. Acting Commissioner.
No. 9 of 1905.’
NATIVE LABOUR.
It is hereby enacted as follows :—
Short title, 1. This Ordinance may be cited as “ The Native
Labour Ordinance, 1905.”
Application. 2. This Ordinance, or any part of it, may be
applied by the Commissioner to any caravan or class
of caravans travelling within the Protectorate; and
shall apply to every person engaging or employing
servants within the meaning of the Ordinance.
3 For “Sub-Commissioner” and “Collector” in this Ordinance, see No. 14
of 1908, and notices in Chapter 9, ante. 0
4 For application cf the Ordinance, see notice of the 6th September, 190!
following. ‘
Cuap. 45. | Labour.
3. In this Ordinance—
(a2) “Caravan” means any collection of two or
more persons travelling within the Uganda Protec-
torate, wherein any person is engaged to carry a load
for a period exceeding seven days.
(b) “ Porter” means every person not being an
European or an American who serves in a caravan.
(c) “ Caravan leader” means any person or per-
sons actually in charge of a caravan, and the person
or persons who may have fitted out or may control the
movements of a caravan.
(d) “Registrar” means such person as His
Majesty’s Commissioner may appoint to be Registrar
of. Porters and Servants for the purpose of this
Ordinance.’
(¢) “Deputy Registrar” means a Protectorate
officer appointed by the Commissioner to act as
deputy of the registrar at any place or for any
district. °
(f) “Registering Officer ” includes registrar and
deputy registrar.
__ (g) “Employer” means any person employing or
intending to engage or employ natives for service,
and includes any agent of such person.
(h) “Servant” except where otherwise expressly
provided means any person who is a native of Africa
and who is engaged as an artificer, workman, or
manual labourer, but does not include a domestic
servant engaged for indoor work, or any porters as
hereinbefore defined.
(4) “Collector” means a Collector of a district
and any person acting as such.
PART I.
ENGAGEMENT TO TRAVEL WITHIN THE PROTECTORATE.
4. The registrar may, with the approval of the
Commissioner, make rules (not inconsistent with this
Ordinance) as to the places, times, and mode of
’ See notice of 20th October, 1905, following.
d91
Definition of
caravan.
Porter.
Caravan leader.
Registrar.
Deputy registrar.
Registering officer.
Employer.
Servant,
Collector.
Power to make
rules.
592
Laws of the Uganda Protectorate. [Cuap. 45,
Deposits to be made
or security to be
given,
Deposit or security
considered as
guarantee.
Registration fees.
Refusal to register,
or imposition of
special terms.
Engagement with
caravan leader.
Responsibility of
person registering
or using caravan.
registration, and generally as to the equipment and
management of caravans to which this Ordinance has
been applied.
5. (a) Such a sum will be deposited with the
registrar in respect of every porter as he may, with
the approval of the Commissioner, from time to time
direct.
(6) Provided that the registrar may, in his dis-
cretion, accept approved security in lieu of a cash
deposit.
6. Such deposit or security shall be held as a
guarantee for the due observance of the provisions of
this Ordinance and for the payment of porters’
wages, and may be transferred into Court if the
registrar consider that there is reason to believe
that the provisions of this Ordinance have been
infringed, or in the event of any dispute beween the
porters and the caravan leaders.
7. Such fees shall be charged for the registration
of porters as the registrar, with the approval of the
Commissioner, may from time to time notify, and
until further notification a fee of one rupee shall be
charged in respect of each porter.
8. The registering officer may refuse to register,
or may impose special terms before registering a
caravan for or on behalf of, or for the benefit of, any
person who has previously committed a breach of
this Ordinance, and may also, with the sanction of the
Commissioner, refuse to register any caravan, with-
out assigning any reason for his refusal.
9. Every engagement with a caravan leader shall
be deemed to be for a single trip to such place as may
be named, and for the return journey to the place
where the porter may have been actually engaged,
unless special stipulations may have been made to the
contrary, and explained to the porters by the regis-
tering officer, and in all cases the caravan leader shall
declare between what places he intends to travel.
10. Every person who registers a caravan, and
every person making use of a caravan, or any of the
Cap. 45. | Labour.
593
porters thereof, whether as servant, agent, contrac-
tor, or sub-contractor, shall be equally responsible for
the due observance of this Ordinance, and punishable
for any breach thereof, notwithstanding any contract
or agreement that he may make to the contrary.
11. No person who has engaged porters may
transfer them to any other person without the con-
sent of the porters, testified before an authorised
registering officer.
12. The pay of porters, and any damages to
which they may be entitled in consequence of any
breach of this Ordinance, shall be a first charge on all
moneys secured or deposited under this Ordinance,
and shall also be a first charge upon any money
earned or payable in respect of goods carried or other
work done by them.
18. All pay due to deceased porters shall be paid
into Court for distribution according to law.
14. The registering officer shall explain to the
porters engaged for service with the caravan—
__ _ (a) The place to which the porters are to go, or
if the engagement is by time, the time during which
the term of service lasts, and the places between
which they will have to work, and if engagement by
time, shall be careful to ascertain that the porters
understand the nature of their agreement.
_(6) The wages and rations to which they are
entitled.
(c) That they are not liable to punishment by the
caravan leader except as herein stated.
15. No caravan may pass through or near a
Government station without an opportunity bein
given to the porters to prefer any complaints that they
may wish to make, and the caravan being inspected
by the officer in charge of the station should he so
desire.
16. Upon registering a caravan the registeri
gisterin
officer shall hand to the caravan leader a list, sone
taining the names, registered number, and monthly
90
Transfer of porters.
Porters’ pay charge
on deposit or
security.
Pay of deceased
porters.
Registering officer
toexplainto porters
Inspection at
Government
stations.
Caravan list.
594
Laws of the Uganda Protectorate. [Cuap, 45,
Registering officer
to satisfy himself
regulations are com-
phed with.
Copy of caravan list
to be filed.
Food may be issued
to be debt to
Government.
Equipment.
Exemption.
Porter’s load.
Medicines.
wages of every porter, and such other particulars as
the registrar may from time to time prescribe; such
list is hereinafter referred to as the caravan list.
17. Before allowing a caravan to proceed, the
officer shall satisfy himself that all the requirements
of this Ordinance have been complied with, and, in
particular, that the caravan leader has a reasonably
sufficient supply of money, trade-goods, and food to
enable him to complete his journey, and he shall give
a certificate to this effect upon the caravan list.
18. A copy of every caravan list must be for.
warded to the registrar, and shall be filed by him for
reference.
19. If after due inquiry it appears to the officer
in charge of any station that a caravan is not sup-
plied with sufficient food to enable it to proceed to its
destination, he may issue such food as may appear to
him to be necessary, and the price of such food shall
be a debt due to Government from the caravan leader,
and shall be a charge upon any money earned, or pay-
able, in respect of goods carried or other work done by
the porters of such caravan.
20. Every caravan leader shall provide his por-
ters with such equipment as the registrar may by
rules prescribe.
21. Provided that the registrar may give any
caravan leader a special written authority exempting
him from the provision of any prescribed articles of
equipment if, from the nature of the country through
which the caravan is to travel, they may appear to be
unnecessary.
22. A porter’s load or share of a load shall in no
case exceed 70 lb., including his blanket, posho, and
anything else he may have to carry, and if it shall
appear that any individual is unable to carry so great
a weight his load shall be reduced to such weight as
may appear to be proper. And in case any such
reduction is ordered, the officer making the order shall
notify the fact on the caravan list.
23. Every caravan must be provided with an
adequate supply of suitable medicines.
Crap. 45. ] Labour.
D95
24. In the event of a porter falling sick and being
unable to travel, he shall be carried to the nearest
station, even though doing so should necessitate the
leaving behind of loads.
25. Inthe event of a porter dying on the road he
shall be decently buried at a reasonable distance from
the caravan road.
26. All porters must be paid or given their wages
or rations at such time or times as are stated in their
contract of service and® the balance of wages due to
them within six days of the termination of their
journey. They shall be entitled to full pay up to date
of payment, and shall be at liberty to engage for any
other caravan as soon as their journey is completed.
27. All porters must be paid off in the presence of
a registering officer or other official appointed by
the registrar for such purpose; and the officer before
whom such payment is made shall give the caravan
ae a certificate that the porters have been duly
paid.
28. Immediately upon the expiration of a
journey, the caravan leader shall return to the regis-
trar his caravan list, together with a certificate that
his porters have been duly paid.
29. No caravan leader may inflict any punish-
ment upon a porter beyond taking such steps as may
be necessary to secure an accused person for charging
him before the nearest magistrate, except in so far as
a power of punishment may be specially conferred
upon him in writing by the Commissioner or the Sub-
Commissioner of the province in which his caravan
is registered or through which he may be travelling.
Such powers of punishment shall be granted, subject
to any regulations that may from time to time be pub-
lished by the Commissioner. Such powers shall be
endorsed on the caravan list, and a strict record of
all punishments inflicted shall be kept, and a return
made of them on the expiration of the journey both to
the registrar and to the Collector of the district in
which the porters were engaged.
° The words in italics were inserted by The Native Lab d t
Ordinance, 1908, following, y ative Labour (Amendment)
Sick porters,
Porters dying.
Payment of balance
of wages,
Porters to be paid
off before regis-
tering officer,
Caravan list to be
returned.
Punishments,
Power toinflict may
be conferred.
596
Laws of the Uganda Protectorate. [Cuap. 45,
Desertion or refusal
to accompany.
Contract for service
to be in writing.
Triplicate copies.
Refusal to register.
Power to fix fees.
Servants to be
returned to place of
engagement,
30. Any porter who enters into an agreement to
accompany or to hold himself in readiness to accom-
pany a caravan, and after receiving an advance of
wages or a daily supply of posho for a period of four
days or upwards, refuses to accompany or deserts
from a caravan without sufficient cause, and any por-
ter who has engaged himself to any person for cara-
van work and may subsequently engage or attempt to
engage himself to any other person for work with
another caravan, may be compelled, if physically fit,
to carry out his engagement, and shall be liable to im-
prisonment of either kind not exceeding six months
or to a fine not exceeding 60 rupees, or to both.’
PART IT:
ENGAGEMENT FOR SERVICE WITHIN THE PROTECTORATE.
31. Every contract made with a servant for ser-
vice for any period exceeding two months shall be in
writing and registered by a registering officer.
32. Such contract shall be executed in triplicate.
One copy shall be given to each party and one shall
be filed by the registering officer, who shall sign each
copy.
33. The registering officer may refuse to register
any contract which appears to him to be inequitable,
and may, in his discretion, require security for the
due payment of the servants’ wages, subject, however,
to an appeal to the Sub-Commissioner, whose decision
thereon shall be final.
34. The Sub-Commissioner, subject to any direc-
tions of the Commissioner, may fix the fees to be paid
for registration of contracts of service within his pro-
vince, and no further fee or duty shall be payable
in respect of. such contracts, and until the Sub-
Commissioner shall have fixed the fees as aforesaid
a fee of one rupee shall be charged in respect of each
servant.
35. Notwithstanding any agreement to the con-
trary, it shall be the duty of every employer of labour
i i ; + caravans,
7 This section applies only to (1) caravans, except Government car’
proceeding to or coming from a ‘closed district,” or proceeding or intending ©
proceed from or coming into Uganda; (2) all caravans ceptor » 688.
Ordinance, see notice 6th September, 1905, following. See also note* to pag
Cuap. 45. ] . Labour,
597
at the conclusion of a contract for service to return
any servant engaged as aforesaid to the place where
he was originally engaged, unless a registering officer
shall exempt him from such liability, for reasons to
be recorded.
36. Every contract of service shall clearly set out
the names, descriptions, and dwelling-place of each
servant, the nature of the work which he may be called
upon to perform, the amount of his wages, the period
for which he is engaged, and any other particulars
which the registrar may from time to time direct.
37. On registering a contract of service the reg-
istering officer shall clearly explain to the servants .
the terms of the contract, and shall ascertain that they
accept such terms.
38. Subject to any directions by the Commis-
sioner, the Sub-Commissioner of each province may
make such prohibitions, limitations, and conditions as
to the engagement of servants within any specified
district or districts of his province as he may deem
proper.
PART III.
ENGAGEMENT WITHOUT TO TRAVEL OR SERVE WITHIN
THE PROTECTORATE.
39. Parts I. and II. of this Ordinance shall also
apply to the engagement of porters and servants res-
pectively in places without the Protectorate to travel
or serve within the Protectorate with the following
modifications.
40. The Collector of the district by way of which
the porter or servant enters the Protectorate shall,
before permitting such porters or servants to enter
the Protectorate—
(a) In the case of a porter or servant entering the
Protectorate from the East Africa Protectorate,
satisfy himself that “The East Africa Native
Porters and Labour Regulations, 1902,” of such
rotectorate, or any amendment thereof, have been
duly complied with.
Contract to set out
particulars.
Terms to be
explained,
Power of Sub-
Commissioner.
Persons engaged
without Protec-
torate to travel or
serve within.
Porters or servants
entering Protec-
torate.
598
Laws of the Uganda .Protectorate. [Cuap. 45,
Complaint or dis-
pute on contract for
service.
Definition of
servant.
Persons engaged
within Protectorate
to travel or serve
without.
Permit to engage
for service without
Protectorate.
Particulars on
application for
permit.
(b) In any other case satisfy himself that the
porter or servant has left his home voluntarily for the
purpose of service within the Protectorate and under-
stands the nature of the service.
41. In the event of any complaint or dispute
arising out of a contract of service, the Court, in
addition to the power of punishment for a breach of
this Ordinance, shall have power to cancel or modify
the contract, award damages to either party, and
to order the servant to be conveyed home at the
employer’s expense.
PART IV.
ENGAGEMENT WITHIN TO TRAVEL OR SERVE WITHOUT
THE PROTECTORATE.
”
42. In this part, “servant “ means any person
not being an European or American who is engaged
as an artificer, workman, or manual labourer, but does
not include a domestic servant engaged for indoor
work only or any porter.
43. Parts I. and II. of this Ordinance shall apply
to the engagements of porters and servants respec-
tively in places within the Protectorate to travel or -
serve without the Protectorate with the following
additions.
44. No employer shall engage a porter or servant
to serve without the Protectorate unless he shall have
applied to a registering officer for a permit authoris-
ing him so to do, and shall otherwise comply with the
terms and conditions prescribed by this Ordinance In
respect to such engagement of a porter or servant.’
45. In the application shall be stated the place
to which it is proposed to take the porters or ser"
vants, the nature of the service, the rates of pay, the
period of service, and the number of porters or Set
vants proposed to be engaged, and the districts from
which it is desired to procure them.
8 The section as here printed was substituted for the original section by
The Native Labour (Amendment) Ordinance, 1909, following.
Cuap. 45.] Labour.
599
46. Unless otherwise ordered by the Commis-
sioner every such application shall be referred to
the Commissioner, and the Commissioner may in his
discretion either grant or refuse the permit.°
47. Before granting a permit, the Commissioner
may require the employer to deposit a sum not exceed-
ing the total wages of the total number of porters or
servants for the proposed period of service, or to enter
into a bond for such sum with or without sureties.
48. The registering officer shall not register a
porter or contract for service to travel or serve with-
out the Protectorate unless the employer produces the
permit of the Commissioner, or other authorised
officer, and unless he is satisfied that the porter or ser-
vant fully understands the nature of the service, the
distance to be travelled, and such other particulars
of the service as seem proper to be understood.
49. The employer shall furnish to the registering
officer a list in duplicate showing the name, village,
and district of every porter or servant engaged, and
the place to which he is to proceed, and the place of
exit by which the porters or servants are to leave the
Protectorate. The registering officer shall sign the
list, and shall deliver one copy to the employer and
shall send the other copy to the registering officer at
the place of exit. Porters and servants engaged
under these provisions shall not leave the Protectorate
at any place other than the place of exit mentioned in
the said list.
50. The employer shall bring the porters or ser-
vants engaged by him before the registering officer
at the place of exit. He shall produce the signed list
of porters or servants, and the officer, if he is satisfied
as to the identity of the porters or servants, shall
countersign the list and return it to the employer;
until the list is so countersigned, the employer shall
not take any of the porters or servants beyond the
Protectorate.
5 As to porters for the Congo, see notices of the 1st February, 1909, and
June, 1909, following.
Applications to be
referred to Commis-
sioner,
Deposit or bond
may be required.
Permit to be pro-
duced before .
registration.
Particulars of route
to be furnished.
Porters and ser-
vants must leave by
specified place of
exit.
Persons engaged to
be brought before a
registering officer at
place of exit.
600
Laws of the Uganda Protectorate. [CHap. 45,
Registering officer
may detain or
return porter or
servant, List must
be produced without
Protectorate,
Application of
deposit or amount
secured,
Porter’s or servant's
receipt.
Engaging persons
already engaged an
offence.
Penalty for breach.
51. The registering officer at the place of exit
may, at the expense of the employer, detain for fur-
ther inquiries any porters or servants whose names
do not appear in the list, or as to whose identity he is
not satisfied, or may return them to their homes. The
employers shall be bound to produce the said list for
inspection when required by any Government officer
within the Protectorate or Consular officer without
the Protectorate. The expenses incurred by the officer
under this section shall be a debt due by the employer
to the Government, and shall be recoverable accor-
dingly.
52. The sum deposited by the employer and the
amount secured by any bond when realised, may be
applied by the Commissioner in payment of any
expenses incurred by the Commissioner or any Col-
lector or magistrate in relation to the porters or
servants engaged by him, including the payment of
wages not proved to have been paid by the employer,
but, save as aforesaid, shall be returned on proof of
the payment of wages.
53. A receipt signed by a porter or servant and
witnessed by a magistrate or Consular officer in the
country or place in which the porter or servant 1s
employed, or by a magistrate and Collector of the
Protectorate, shall be sufficient evidence of the pay-
ment mentioned in the receipt on a certificate from a
magistrate certifying to that effect.
PART V.
GENERAL.
54. Any person who engages or employs any per-
son as a porter or servant, knowing him to be at the
time engaged and registered by some other person,
shall be guilty of a breach of this Ordinance.
55. Any breach of this Ordinance shall be put
ishable with imprisonment of either description,
which may extend to two years, or with a fine not
exceeding 3,000 rupees, or both.
Cuap. 45.] Labour. 601
56. The Regulations for the employment of por- — Rozuations
ters dated 10th October, 1899; se aaa
The Regulations for the employment of porters
from East Africa dated 30th November, 1899, and
The Native Labour Regulations, 1900,
are hereby repealed without prejudice to any acts
done thereunder.
J. HAYES SADLER,
H.M. Commissioner.
ENTEBBE,
6TH SEPTEMBER, 1905.
NOTICES.
Unver Tse Native Lasour Orpinance, 1905.
In exercise of the powers vested in me, I hereby direct that the provisions
of The Native Labour Ordinance, 1905, shall apply—
(1) To all caravans, except Government caravans, proceeding to or
coming from a “‘ closed district’? under The Uganda Outlying Districts
Ordinance, 1904;
(2) To all caravans, except Government caravans, coming into the
Protectorate, and caravans proceeding or intending to proceed from the
Protectorate ;
(3) To all caravans registered under the Ordinance ;
And I further direct that Sections 13, 15, 19, 20, 22, 23, 24, 25, 26, and 29
shall apply to all caravans travelling within the Protectorate; and, should the
officer inspecting a caravan by virtue of powers vested in him by Section 15 not
be satisfied that the caravan is properly fitted or properly conducted, I direct that,
upon such officer giving written directions to that effect, the whole of the Ordi-
nance shall apply to such caravan, and such caravan shall not proceed unless, and
until, the porters have been registered.
It is optional, except in the cases specified above, to register porters under the
Ordinance.
ENTEBBE, J. HAYES SADLER,
6TH SEPTEMBER, 1905. H.M. Commissioner.
602 Laws of the Uganda Protectorate. [CHap. 45,
I hereby appoint the Collector, Entebbe, to be Registrar of Porters and
Servants under The Native Labour Ordinance, 1905, and I appoint the Assistant
Collector, Entebbe, and all other Collectors and Assistant Collectors in charge of
stations to be deputy-registrars for their respective districts.
ENTEBBE, J. HAYES SADLER,
20TH OcroBER, 1905. His Majesty’s Commissioner.
Frees FoR THE REGISTRATION OF ConTRACTS OF SERVICE WITHIN THE CENTRAL
PRovINCE OF THE UGANDA PROTECTORATE.
In exercise of the powers conferred upon me by The Native Labour Ordinance,
1905, Part II., Sections 34 and 38, I hereby give notice that the following fees
shall be payable in respect of the registration of all contracts of service (as
provided for in the above-quoted regulations) in the Central Province” of the
Uganda Protectorate, provided that no contracts for a period of two months or
less will be registered.
For periods exceeding 2 months and not exceeding 3 months... Rs. 0 8 0
” ” ” ” ” ” 6 months... 99) 012 0
Exceeding 6 months Ste Se re sts as whe ge 100
Jinga, Busoca, A. G. BOYLE,
297TH OcroBER, 1906. Sub-Commissioner, Central Province.
No permit will be granted to any employer to engage a Muganda to proceed
to the Congo Free State. In the event of any caravan proceeding from Buganda
and Busoga to the Congo Free State the employment of Baganda will be sanctioned
as far as Toro and Bunyoro, but they must then be discharged, and natives of
those districts may be there engaged to proceed to the Congo Free State, subject
to the sanction of the District Commissioner of Toro and Bunyoro. Any employer
desiring to obtain a permit for porters other than Baganda to proceed to the
Congo Free State must produce a certificate from a medical officer stating that
such porters are free from sleeping sickness. To avoid inconvenience to
employers of labour the Chief Secretary to the Government may, in special cases,
sanction the employment of Baganda to proceed to the Congo Free State, provided
that such application be made prior to the 14th February, 1909.
By Order of the Governor,
ENTEBBE, STANLEY C. TOMKINS,
Ist Fesruary, 1909. Acting Chief Secretary to the Government.
The provisions contained in the notice under the above-mentioned Ordinance,
dated the Ist February, 1909, shall apply as far as may be to Basoga as well as
to Baganda.
By Order of the Acting Governor,
ENTEBBE, A. G. BOYLE,
June, 1909. Acting Chief Secretary to the Government.
10 Now called the Eastern Province; see proclamation of the 5th April, 1907, under the U.0.C.,
1902, Appendix A, page 897.
Cuap. 45.] Labour. 603
No. 14 of 1909.
NATIVE LABOUR.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Native Labour
(Amendment) Ordinance, 1909,” and shall be read as one with “The
Native Labour Ordinance, 1905” (hereinafter referred to as the
principal Ordinance.)
2. In Section 26 of the principal Ordinance, the words “or
given their wages or rations at such time or times as are stated in
their contract of service and” shall be inserted after the words
“all porters must be paid.”
3. For Section 44 of the principal Ordinance the following
section shall be substituted. :—
No employer shall engage a porter or servant to serve without
the Protectorate unless he shall have applied to a registering officer
for a permit authorising him so to do, and shall otherwise comply
with the terms and conditions prescribed by this Ordinance in
respect to such engagement of a porter or servant.
ALEXANDER BOYLE,
Acting Governor.
ENTEBBE,
12TH Avucust, 1909.
604 Laws of the Uganda Protectorate. [Cuap. 46,
CHAPTER XLVI.
VAGRANCY.*
No, 2 of 1909. The Uganda Vagrancy Ordinance, 1909.
No. 2 of 1909.
VAGRANCY.
Short title. 1. This Ordinance may be cited as “ The Uganda
Vagrancy Ordinance, 1909.”
Definition of 2. The word “ vagrant” in this Ordinance means
ern any person found asking for alms or wandering about
without any employment or visible means of sub-
sistence.
Vagrants may be 3. Any police-officer may arrest without warrant
arrested by police.
Magistrate may
commit vagrant to
gaol after inquiry.
Vagrants to be kept
in custody.
any person who is apparently a vagrant, and shall
forthwith take him before the nearest magistrate
whose powers are not less than those of a magistrate
of the second class.
4. The magistrate shall in any: case where a per-
gon charged with vagrancy under this Ordinance
comes before him make an inquiry into the circum-
stances and character of the apparent vagrant, and
record the same, and if he is satisfied that such per-
gon is a vagrant, may commit him to the gaol as a
vagrant for a period not exceeding three months.
5. Vagrants committed to gaol under this Ordi-
nance shall be subject to the same rules of management
1 As to taking security for good behaviour from vagrants, see Sections 109
and 111 of The Penal Code.
Cuap. 46. ] Vagrancy.
605
and discipline as other prisoners of the same nation-
ality confined therein, provided that vagrants shall
not wear any prison dress nor be corporally pun-
ished, nor shall they be lodged with criminal
prisoners.
6. Any vagrant who is guilty of a breach of gaol
discipline may, in lieu of any punishment prescribed
therefor, on conviction before a magistrate be pun-
ished with rigorous imprisonment for a term which
may extend to two months, which punishment shall
not affect the original order of the magistrate commit-
ting him to gaol. Where such rigorous imprisonment
is imposed such person shall during such term cease
to be considered to be imprisoned as a vagrant.
7. The Inspector-General of Prisons shall pro-
vide employment for vagrants confined in the gaol
under this Ordinance, and such person so confined
shall be credited with such sum, not less than 8 annas
per diem, as wages, as the Inspector-General of
Prisons may direct.
8. When the sum standing to the credit of any
vagrant shall be sufficient to provide for such
vagrant’s passage to his original place of abode, or to
such place as the magistrate may think fit, or at any
previous time on the order of the magistrate, a pass-
age shall be taken for such vagrant, and he shall be
conveyed on board ship, or otherwise despatched, if
going by land, by a police-officer. Any money which
may remain over after providing for such vagrant’s
passage as aforesaid shall either be paid to such
vagrant after his departure from the Uganda Protec-
torate, or be expended for his benefit, as the magis-
trate may think fit.
9. Any vagrant refusing to embark or proceed
on his journey when directed so to do under Section 8,
or escaping to the shore from the ship in which he
has embarked before it has left the port of departure,
shall for everv such offence be punished, on conviction
before a magistrate, with imprisonment of either des-
cription for a term which may extend to three months.
May be punished for
breach of prison
rules.
To be provided with
employment and
credited with wages.
Passage may be
taken for vagrant,
and he may be sent
to such place as the
magistrate may
order.
Punishment for
disobedience to
order,
606 Laws of the Uganda Protectorate. [CHap, 46,
Person convicted 10. Any person who has once been committed to
maybe punished. gaol as a vagrant shall on any subsequent conviction
of vagrancy be liable to be punished with a term of
imprisonment of either description not exceeding six
months, in addition to any other order which may
be made under this Ordinance.
H. HESKETH BELL,
Governor.
ENTEBBE,
1st January, 1909.
Cuap. 47. | Gambling. 607
CHAPTER XLVII.
(GAMBLING.!
No. 2 of 1901. The Gambling Regulations, 1901.
No. 2 of 1901.
GAMBLING.
1. In these regulations “common gaming house” means any
building, enclosure, vessel, or place, whether public or private, in
which instruments of gaming are kept or used for the profit or
gain of the owner or occupier, whether by way of charge for admit-
tance or for the use of the instruments of gaming, or for the use of
the building, enclosure, vessel, or place, or otherwise for any pur-
pose of gaming.
“Instruments of gaming” means any cards, dice, counters,
coins, tickets, gaming tables, boards, boxes, or other things devised
or used for the purpose of gaming.
2. Any person who in any street or public place—
(a) Plays for money or other valuable thing with any instru-
ment of gaming; or
(b) Sets birds or animals to fight, or aids and abets such public
fighting of birds or animals,
shall be liable to a fine not exceeding 50 rupees, or to imprisonment
for any term not exceeding one month.
And any public officer may arrest without warrant any person
whom he finds committing any such offence, and may seize any
instruments of gaming, birds or animals used, or appearing to be
used, in the commission of the offence.
3. Any person who—
(a) Whether as owner or occupier, keeps or uses, or permits
other persons to use, any building, enclosure, vessel, or place as a
common gaming house; or
' As to keeping a lottery office, see Section 294 a of The Penal Code.
As to agreements by way of wager, see Section 30 of The Indian Contract Act.
608 Laws of the Uganda Protectorate. [Cuap, 47,
(b) Manages, or assists in managing, the business of a common
gaming house; or
(c) Advances or furnishes money for the purpose of gaming
with persons frequenting any common gaming house, shall be liable
for a first offence to a fine not exceeding 200 rupees, or to imprison-
ment for any term not exceeding three months, and for a subsequent
offence to a fine not exceeding 400 rupees, or to imprisonment not
exceeding six months.
4. Any person who plays in a common gaming house, or is
there present for the purpose of gaming, whether or not actually
playing, shall be liable for a first offence to a fine not exceeding
100 rupees, or to imprisonment for any term not exceeding one
month, and for a subsequent offence to a fine not exceeding 200
rupees or to imprisonment for any term not exceeding two months.
5. (1) If any magistrate having the powers of a magistrate
of the first or of the second class, upon credible information has
any reason to believe that any building, enclosure, vessel, or place
is used as a common gaming house, he may himself, or by warrant
authorise any officer of police to—
(a) Enter, with such assistance as may be necessary by night
or day, and by force, if necessary, such building, enclosure, vessel,
or place; and
(b) Take into custody all persons whom he finds therein,
whether actually then gaming or not; and
(c) Seize all instruments of gaming, birds, or animals found
therein, and used, or appearing to be used, for purposes of
gaming.
(2) Where any person found in such place is reasonably sus-
pected of concealing about his person any article for which search
should be made under this Regulation, such person may be searched
Where such person is a woman, the directions of Section 52 of The
Code of Criminal Procedure, 1898, shall be followed.
(3) All persons and things taken or seized under such warrant
shall be forthwith taken before the nearest magistrate of competent
jurisdiction for adjudication.
6. When any instruments of gaming are found in any building,
enclosure, vessel, or place entered under the provisions of the last
preceding Regulation, or about the person of any of those who are
found therein, it shall be presumed, until the contrary 1s proved
that such building, enclosure, vessel, or place is used as a common
gaming house, and that the persons found therein were present for
the purpose of gaming, although no play was actually seen by the
magistrate or officer of police, or by any one assisting in the entry.
Cuap. 47. | Gambling. 609
7. The magistrate, before whom any persons shall be brought
under Regulation 5, may require any such persons to give evidence
touching any unlawful gaming in such building, enclosure, vessel,
or place; and any person so giving evidence, who shall, in the
opinion of the magistrate, make true and faithful discovery to the
best of his knowledge of all things as to which he shall be examined,
shall receive from the said magistrate a certificate in writing to
that effect, and shall thereby be absolved from punishment for any
offence under these Regulations committed by him during such
gaming.
8. On the conviction of any person for an offence under any
of the preceding Regulations, the convicting magistrate may order
any instruments of gaming to be forfeited, and to be destroyed,
sold, or otherwise disposed of, or, in his discretion, to be returned to
the persons appearing to be entitled to them.
9. The magistrate before whom any person is convicted
under these Regulations, may direct any portion of any fine, or of
moneys, or proceeds of articles sold, to be paid to any person who has
contributed in any way to the conviction.
10. Whenever a magistrate, having the powers of a magistrate
of the first class, receives information that any person within his
jurisdiction earns his livelihood, wholly or in part, by unlawful
gaming, or by promoting or assisting in the promotion of unlawful
gaming, he may deal with such person as nearly as may be as if
the information received about him were of the description men-
tioned in Section 110 of The Code of Criminal Procedure, 1898; and
for the purposes of any proceedings under this Regulation, the fact
that a person earns his livelihood as aforesaid, may be proved by
evidence of general repute or otherwise.
_ IL. These regulations may be cited as “ The Gambling Regula-
tions, 1901.”
They shall come into force on the 26th day of July, 1901.
F. J. JACKSON,
Acting Commissioner and Consul-General.
26TH Juty, 1901.
Allowed: LANSDOWNE,
His Majesty’s Principal Secretary of State for Foreign A ffairs.
39
610 Laws of the Uganda Protectorate. [CHap, 48,
CHAPTER XLVIII.
Lunacy.!
No. 4 of 1906. The Bankruptcy and Lunacy Ordinance, 1906.
No. 4 of 1906.
BANKRUPTCY AND LUNACY.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Bankruptcy and
Lunacy Ordinance, 1906.”
2. The High Court shall have jurisdiction in bankruptcy and
lunacy, and shall exercise such jurisdiction in conformity with the
substance of the law for the time being in force in England so far.
as circumstances admit.
GEORGE WILSON,
Acting Commissioner.
ENTEBBE,
13TH FEBRUARY, 1906.
1 As to acts and consent of persons of unsound mind, in relation to offences, see Sections :
and 90 of The Penal Code; in relation to contract, see Sections 11 and 12 of The Indian Contract Ac i
As to criminal procedure in case of accused being a.lunatic, see Chapter XXXIV. of The area
Procedure Code. As to civil procedure by or against persons of unsound mind, see Chapter a .
of The Civil Procedure Code. As to evidence by lunatics, see Section 116 of The Uganda Evi —
Ordinance, 1909, Chapter 2, ante, page 92. As to removal of criminal lunatics from Uganda . a:
United Kingdom or British Possessions, see The Colonial Prisoners Removal Act, 1884, an
Colonial Prisoners Removal Order in Council, 1907, Appendix A, pages 919-929 and 916.
Cuar. 49. | Marriage and Divorce.
(/)—Famity RELATIONS.
CHAPTER XLIX.
MARRIAGE AND Drvorce.'
No. 5 of 1902. The Uganda Marriage Ordinance, 1902.
G11
No. 11 of 1902. The Uganda Marriage (Amendment) Ordinance, 1902.
No. 2 of 1904. The Uganda Marriage (Repeal) Ordinance, 1904.
No. 14 of 1903. The Native Marriage Ordinance, 1903.
No. 6 of 1906. The Native Marriage Fees Ordinance, 1906.
No. 15 of 1904. The Divorce Ordinance, 1904.
No. 7 of 1906. The Uganda Muhammadan Marriage and Divorce
Ordinance, 1906.
No. 5 of 1902.°
MARRIAGES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Uganda
Marriage Ordinance, 1902.”
2. (a) In this Ordinance (unless the context
otherwise requires) —
(b) The expression “ Registrar” means a Regis-
trar of Marriages, and includes a Deputy-Registrar
when acting as Registrar ;
__, + For the powers of magistrates to make orders for the maintenance of
ie gives and children, see Chapter 86 of The Criminal Procedure Code. As to
caret for the recovery of wives, see Sections 259 and 260 of The Civil
ee As to forging registers of marriage, see Section 466 of The
® This Ordinance has :
dillon ni oe as ceased to apply to Muhammadans ; see No. 17 of 1906
For “Sub-Commissioner” under this Ordinance, see No. 7 of 1906, and
notices in Chapter IX., ante, , Pi ro
Rall As to native Christian marriages, see The Native Marriage Ordinance, 1903,
Mowing, page 638, and as to Muhammadan marriages, see The Native Marriage
rdinance, 1903, and The Uganda Muhammadan Marriage and Divorce Ordinance,
1906, following, page 666.
Short title.
Interpretation.
Laws of the Uganda Protectorate. [CHap, 49,
Constitution of
marriage districts,
Appointment of
Registrars.
Offices of Registrars.
Places of worship
to be licensed for
celebration of
marriages.
Notice of marriage.
(c) The expression “ Registrar-General ” means,
until a Registrar-General is appointed, any officer
appointed by the Commissioner to act as Registrar-
General for the purposes of this Ordinance; ?
(d) The expression “ district ” means a marriage
district constituted under this Ordinance;
(e) The expression “the Protectorate” means
the Uganda Protectorate.
3. The Commissioner shall, by order published in
the Gazette, divide the Protectorate into districts, for
the purposes of this Ordinance, herein referred to as
marriage districts, and may, from time to time, by
like order, alter the marriage districts, either by alter-
ation of boundaries or by union or subdivision of
districts, or by the formation of new districts. *
4. The Commissioner shall, from time to time,
appoint a fit and proper person to be the Registrar of
Marriages for each marriage district, and may revoke
such appointments; and may also from time to time
appoint a Deputy-Registrar of Marriages for any
district to act in the absence or during the illness or
incapacity of the Registrar, and may revoke such
appointment. *
5. Every Registrar shall have an office at such
place in his district as the Commissioner shall from
time to time direct. ®
6. The Commissioner may license any place of
public worship to be a place for the celebration of
marriages, and may at any time cancel such licence :
in either case he shall give notice thereof in the
Gazette.*
PRELIMINARIES TO MARRIAGE.
7
7. Whenever, after the commencement of this
Ordinance, any persons desire to marry, one of the
parties to the intended marriage shall sign and give
to the Registrar of the district in which the marriage
3 See notices of 15th November and 19th November, 1909, following, page 631,
4 See notices following, pages 632-638,
Guar. 49.] Marriage and Divorce.
613
is intended to take place a notice in the Form (A)
in the first schedule hereto.
8. If the person giving such notice is unable to
write or is insufficiently acquainted with the English
language, or both, then it shall be sufficient if he place
his mark or cross thereto in the presence of some
literate person who shall attest the same, which
attestation shall be in the form appended to Form
(A) in the first schedule.
9. Every Registrar shall supply forms of notice
gratuitously to any persons applying for the same.
10. Upon receipt of such notice the Registrar
shall cause the same to be entered in a book to be called
the “ Marriage Notice Book,” which may be inspected
during office hours without fee. He shall also publish
such notice by causing a copy of the same to be affixed
on the outer door of his office, and to be kept exposed
there until he grant his certificate as hereinafter
mentioned, or until three months shall have elapsed.
11. The Registrar, at any time after the expira-
tion of twenty-one days and before the expiration of
three months from the date of the notice, upon pay-
ment of the prescribed fee, shall thereupon issue his
certificate in the Form (C) in the first schedule hereto.
Provided always that he shall not issue such certifi-
cate until he has been satisfied by affidavit—
__(@) That one of the parties has been resident
within the district in which the marriage is intended
to be celebrated at least fifteen days preceding the
granting of the certificate.
_ (0) That each of the parties to the intended mar-
riage (not being a widower or widow) is 21 years
old, or that if he or she is under that age, the consent
hereinafter made requisite has been obtained in
writing and is annexed to such affidavit.
(c) That there is not any impediment of kindred
or affinity, or any other lawful hindrance to the
marriage.
(¢@) That neither of the parties to the intended
marriage is married by native law or custom to any
person other than the person with whom such mar-
‘lage 1s proposed to be contracted.
Signature of notice
by person unable to
write or to under-
stand English
language.
Registrars to supply
forms of notice.
Notice to be entered
in “ Marriage Notice
Book’’and pub-
lished.
Registrar to issue
certificate on proof
of conditions by
affidavit.
Explanations to be
given.
Marriage to take
place within three
months after date of
notice.
Commissioner may
grant licence to
marry.
Caveat may be
entered against
issue of certificate.
When caveat
entcred question to
be referred to Court,
Laws of the Uganda Protectorate. [Cuap. 49,
Such affidavit may be sworn before the Registrar,
or before a magistrate.
The Registrar or magistrate taking such affidavit
shall explain to the person making the same what
are the prohibited degrees of kindred and affinity,
the effect of the provisions of this Ordinance as to the
succession of property under Section 39, and the pen-
alties which may be incurred under other provisions
of this Ordinance.
12. It the marriage shall not take place within
three months after the date of. the notice, the notice
and all proceedings consequent thereupon shall be
void; and fresh notice must be given before the
parties can lawfully marry.
13. The Commissioner, upon proof being made to
him by affidavit that there is no lawful impediment
to the proposed marriage, and that the necessary
consent, if any, to such marriage has been obtained,
may, if he shall think fit, dispense with the giving of
notice, and with the issue of the certificate of the
Registrar, and may grant his licence, which shali be
according to Form (D) in the first schedule hereto,
authorising the celebration of a marriage between the
parties named in such licence by a Registrar, or by a
recognised minister of some religious denomination
or body.
14. Any person whose consent to a marriage is
hereby required, or who may know of any just cause
why the marriage should not take place, may enter a
caveat against the issue of the Registrar’s certificate,
by writing at any time before the issue thereof the
word “ Forbidden,” opposite to the entry of the notice
in the Marriage Notice Book, and appending thereto
his name and place of abode, and the grounds upon or
by reason of which he claims to forbid the issue of the
certificate, and the Registrar shall not issue his certi-
ficate until such caveat shall be removed as herein-
after is provided.
15. Whenever a caveat is entered against the
issue of a certificate, the Registrar shall refer the
matter to the High Court, and that Court shall there-
upon summon the parties to the intended marriage,
Cuap. 49. | Marriage and Divorce.
615
and the person by whom the caveat is entered, and
shall require the person by whom the caveat is
entered to show cause why the Registrar should not
issue his certificate, and shall hear and determine
the case in a summary way, and the decision of the
High Court shall be final.
16. If the High Court decides that the certifi-
cate ought to be issued, the Judge shall remove the
caveat by cancelling the word “forbidden” in the
Marriage Notice Book in ink, and writing in such
Marriage Notice Book, immediately below such entry
and cancellation, the words “Cancelled by order of the
High Court,” and signing his name thereto. The ~
Registrar shall then issue his certificate and the mar-
riage may proceed as if the caveat had not been
entered, but the time that has elapsed between the
entering and the removal of the caveat shall not be
computed in the period of three months specified in
Section 11 hereof.
17. The High Court may award compensation
and costs to the party injured, if it appear that a
caveat was entered on insufficient grounds.
ConsENT TO MARRIAGE IN CERTAIN CASES NECESSARY.
_ 18. If either party to an intended marriage, not
being a widower or widow, is under 21 years of age,
the written consent of the father, or if he be dead or
of unsound mind or absent from the Protectorate, of
the mother, or if both be dead or of unsound mind or
absent from the Protectorate, of the guardian of such
party, must be produced annexed to such affidavit as
aforesaid before a licence can be granted or a certifi-
cate issued.
19. (1) If the person required to sign such con-
sent 1s unable to write, or is unsufficiently acquainted
with the English language, or both, then he shall sign
such consent by placing his mark or cross thereto in
the presence of one of the following persons :—Any
Judge, Sub-Commissioner, magistrate, justice of the
Peace, Secretary to Government, Registrar of the
High Court, Registrar of Marriages, Registrar of
Deeds, medical officer in the service of the Protec-
torate, or minister of religion.
Removal of caveat.
Compensation and
costs.
Consent to marriage
of minors.
Signature of con-
sent by person
unable to write or to
understand English
language.
616
Laws of the Uganda Protectorate. [CHap. 49,
Consent where no
parent or guardian
capable of con-
senting.
Marriage in licensed
place of worship by
recognised minister.
Between hours of
8 a.m. and 6 p.m.
Witnesses.
Minister not to cele-
brate marriage if
impediment nor
without licence, &c.
Where minister may
celebrate marriage.
Registrars, &c., to
be provided with
books of certificates.
(2) Such signature shall be attested by such
person in the Form (B) in the first schedule hereto,
20. If there be no parent or guardian of such
party residing in the Protectorate and capable of con-
senting to the marriage, then any of the following
persons may consent to such marriage in writing,
upon being satisfied after due inquiry that the mar-
riage is a proper one; that is to say,the Commissioner,
a Judge of the High Court, a Sub-Commissioner, and
such consent shall be as effectual as if the father or
mother had consented.
CELEBRATION OF MARRIAGE.
21. Marriages may be celebrated in any licensed
place of worship by any recognised minister of the
church, denomination or body to which such place of
worship belongs, and according to the rights or usages
of marriage observed in such church, denomination or
body, provided that the marriage be celebrated with
open doors between the hours of 8 o'clock in the fore-
noon and 6 o'clock in the afternoon, and in the pre-
sence of two or more witnesses besides the officiating
minister.
22. A minister shall not celebrate any marriage
if he knows of any just impediment to such marriage,
nor until the parties deliver to him the Registrar’s
certificate or the Commissioner’s licence.
23. A minister shall not celebrate any marriage
except in a building which has been duly licensed
by the Commissioner, or in such place as the Com-
missioner’s licence may direct.
24. The Commissioner shall cause to be printed
and deliver to the several Registrars, and to the recog-
nised ministers of licensed places of worship, books
of marriage certificates in duplicate and with counter-
foils in the form marked (E) in the first schedule
hereto. Such books shall be kept by the several
Registrars and the recognised ministers for the time
being of such places of worship, under lock and key,
and be in custody of such Registrars and ministers
respectively.
Cuar. 49.] Marriage and Divorce.
617
25. Immediately after the celebration of any
marriage by a minister, the officiating minister shall
fill up in duplicate a marriage certificate with the
particulars required by the said Form (E), and state
also and enter in the counterfoil the number of the
certificate, the date of the marriage, names of the
parties, and the names of the witnesses.
26. The certificate shall then be signed in dupli-
cate by the officiating minister, by the parties and by
two or more witnesses to the marriage. The minister
having also signed his name to the counterfoil, he
shall sever the duplicate certificate therefrom, and he
shall deliver one certificate to the parties, and shall
within seven days thereafter transmit the other to the
Registrar of Marriages for the district in which the
marriage takes place, who shall file the same in his
office.
27. After the issue of a certificate under Section
11 or 16 hereof, or of a licence under Section 13, the
parties may, if they think fit, contract a marriage
before a Registrar, in the presence of two witnesses
in his office, with open doors, between the hours of
10 o'clock in the forenoon and 4 o’clock in the after-
noon, and in the following manner :—
The Registrar, after production to him of the
certificate or licence, shall, either directly or through
an interpreter, address the parties thus :—
“ Do I understand that you 4. B., and you. D.,
come here for the purpose of becoming man and
wife?”
If the parties answer in the affirmative, he shall
proceed thus :-—
“ Know ye that by the public taking of each other
as man and wife in my presence, and in the presence
of the persons now here, and by the subsequent attes-
tation thereof by signing your names to that effect,
you become legally married to each other, although no
other rite of a civil or religious nature shall take
place, and that. this marriage cannot be dissolved
uring your lifetime, except by a valid judgment of
divorce; and if either of you before the death of the
other shall contract another marriage while this
Entries to be made
in marriage ce1t-
ficate.
Signature of
certificate,
Duplicate certificate
to be sent to
Registrar.
Marriage in a Rezis-
trar’s ottice.
Form to be
observed.
618
Laws of the Uganda Protectorate. [Caap, 49,
Marriage certificate
to be signed.
Marriage under
Commissioner’s
licence,
Marriage certificates
to be registered.
remains undissolved, you will be thereby guilty of
bigamy, and liable to punishment for that offence.”
Each of the parties shall then say to the other,
“T call upon all persons here present to witness that
I, A B, do take thee, C D, to be my lawful wife (or
husband).”
28. The Registrar shall then fill up, and he and
the parties and witnesses shall sign the certificate of
the marriage in duplicate, and the Registrar shall
then fill up and sign the counterfoil as hereinbefore
prescribed in the case of a marriage by a minister, and
shall deliver one certificate to the parties and shall
file the other in his office.
29. Whenever the Commissioner’s licence author- -
ises the celebration of marriage at a place other than
a licensed place of worship, or the office of a Regis-
trar of Marriages, the Registrar of the district in
which such marriage is intended to take place, upon
the production of such licence, shall deliver to the
person producing the same a blank certificate of
marriage in duplicate, and the minister or Registrar
celebrating such marriage shall fill up such certificate,
and observe strictly all the formalities hereinbefore
prescribed as to marriages in a licensed place of
worship, or Registrar’s office, as the case may be.
REGISTRY AND EVIDENCE OF MARRIAGES.
30. (1) The Registrar of Marriages in each dis-
trict shall forthwith register in a book to be kept 10
his office for such purpose, and to be called “The
Marriage Register Book,” every certificate of mar-
riage which shall be filed in his office, according to the
Form (F) in the first schedule hereto; and every such
entry shall be made in the order of date from the
beginning to the end of the book, and every entry 80
made shall be dated on the day on which it 1s S0
entered, and shall be signed by the Registrar, and
such book shall be indexed in such manner as is best
suited for easy reference thereto.
Cuap. 49.] Marriage and Divorce.
619
(2) The Registrar shall at all reasonable times
allow searches to: be made in the Marriage Register
Book, and shall give certified copies therefrom upon
payment of the prescribed fee.
(3) Within ten days after the last day of each
month, every Registrar shall send to the Registrar-
General a certified copy of all entries made by him
during the preceding month in the Marriage Register
Book of his district, and the Registrar-General shall
file the same in his office.
31. Any Registrar, when authorised by the
Registrar-General, may correct any clerical error in
any certificate of marriage filed in his office, upon
production to him of the certificate delivered to the
parties, and shall authenticate every such correction
by his signature and the date of such correction.
32. Every certificate of marriage which shall
have been filed in the office of the Registrar of any
district, or a copy thereof, purporting to be signed
and certified as a true copy by the Registrar of such
district for the time being, and every entry in a
Marriage Register Book or copy thereof certified as
aforesaid, shall be admissible as evidence of the
marriage to which it relates, in any Court of Justice
or before any person now or hereafter having by law
or consent of parties authority to hear, receive, and
examine evidence.
INVALID MARRIAGES.
33. (1) A marriage may be lawfully celebrated
under this Ordinance between a man and the sister or
miece of his deceased wife, but, save as aforesaid,* no
marriage in the Protectorate shall be valid, which, if
celebrated in England, would be null and void on the
ground of kindred or affinity, or where either of.the
parties thereto at the time of the celebration of such
>The words in italics were repealed by The Uganda Marria
: y e (Ri J
Ordinance, 1904, following, page 630. : eeiaiid
See now The Deceased Wife’s Sister's Marriage Act, 1907 (England)..
Correction of
clerical errors in
marriage certifi-
cates.
Evidence of mar-
riage.
Marriage with
deceased wife’s
sister or niece
lawful.
Laws of the Uganda Protectorate. [Cuap. 49,
Marriages under
this Ordinance
valid.
Native marriages.<«
Certain existing
marriages vali-
dated,
marriage is married by native law or custom to any
person other than the person with whom such mar-
riage is had.
(2) A marriage shall be null and void if both
parties knowingly and wilfully acquiesce in its cele-
bration (a) in any place other than the office of a
Registrar of Marriages or a licensed place of wor-
ship (except where authorised by the Commissioner's
licence); or (6) under a false name or names; or
(c) without the Registrar’s certificate of notice or
Commissioner’s licence duly issued; or (d) by a per-
son not being a recognised minister of some religious
denomination or body, or a Registrar of Marriages.
(3) But no marriage shall, after celebration, be
deemed invalid by reason that any provision of this
Ordinance other than the foregoing has not been com-
plied with.
34. All marriages celebrated under this Ordi-
nance shall be good and valid in law to all intents and.
purposes.
35. Any person who is married under this
Ordinance, or whose marriage is declared by this
Ordinance to be valid, shall be incapable, during the
continuance of such marriage, of contracting a valid
marriage under any native law or custom; but, save as
aforesaid, nothing in this Ordinance contained shall
afiect the validity of any marriage contracted under
or in accordance with any native law or custom, or 0
any manner applied to marriages so contracted.
MARRIAGES ALREADY CELEBRATED.
36. Every marriage celebrated in the Protec-
torate before the commencement of this Ordinance
by any minister of any religious denomination OF
body, according to the rites in use by such religious
denomination or body, shall be, and shall be deemed to
have been from the time of the celebration thereof,
a tegal and valid marriage : Provided that nothing
herein contained shall legalise any marriage whic
has before the commencement of this Ordinance been
Cuap. 49. | Marriage and Divorce.
621
declared invalid by any competent Court, nor any
marriage, either party to which had at the time of its
celebration a lawful wife or husband living, nor any
marriage which was void by reason of kindred or
affinity, or fraud or incapacity to contract marriage;
nor any marriage otherwise invalid, either party to
which shall before the commencement of this Ordi-
nance, and in the lifetime of the other party thereto,
have intermarried with any other person.
37. Every minister of religion or other person
in the Protectorate who has in his custody or control
any register, record, or paper, purporting to be such,
of marriages heretofore celebrated in the Protec-
torate, shall, on or before the 1st dav of January,
1903, deliver or transmit to the Registrar-General
the said register or official record, or a copy thereof,
omitting, if desired, any matter of a private nature,
se a certificate appended thereto in the following
orm :—
“I, A.B., of [here describe place of abode and
position |, do certify that the annexed written pages
contain the true record (excepting matters of a confi-
dential nature) of the marriages heretofore celebrated
in [here name the church].
“Dated the day of wd og
(Signed) “A.B.”
38. The Administrator may defray out of the
general revenue of the Protectorate all proper
expenses connected with the transmission or delivery
of the said registers, or which may ‘otherwise become
necessary to be incurred in carrying out the provisions
of this Ordinance.
SUCCESSION To INTESTATE’S PROPERTY.
39. (a) Where any person who is subject to native
law or custom contracts a marriage in accordance
with the provisions of this or of any other law relat-
ing to marriage, or has contracted a marriage prior
to the passing of this Ordinance, which marriage is
validated hereby, and such person dies intestate, sub-
sequently to the commencement of this Ordinance,
leaving a widow or husband, or any issue of such
marriage,
Existing registers
of marriages to
be transmitted to
Registrar-General,
Certain expeuses to
be defrayed from
general revenue.
Succession to pro-
perty of natives
married under
Ordinance and dying
intestate,
622 Laws of the Uganda Protectorate. [Cuap, 49,
And also where any person who is the issue of
any such marriage as aforesaid dies intestate sub-
sequently to the commencement of this Ordinance.
The personal property of such intestate, and also
any real property of which the said intestate might
have disposed by will, shall be distributed in accor-
dance with the provisions of the law of England relat-
ing to the distribution of the personal estates of
intestates, any native law or custom to the contrary
notwithstanding.
Provided always that where by the law of
England any portion of the estate of such intestate
would become a portion of the casual hereditary
revenues of the Crown, such portion shall be distri-
buted in accordance with the provisions of native law
and custom, and shall not become a portion of the
said casual hereditary revenues.
Provided also that real property, the succession
to which cannot by native law or custom be affected
by testamentary disposition, shall descend in accor-
dance with the provisions of such native law or
custom, anything herein to the contrary notwtth-
standing.
(b) Before the Registrar of Marriages issues his
certificate in the case of an intended marriage, etther
party to which is a person subject to native law or
custom, he shall explain to both parties the effect. of
these provisions as to the succession to property as
affected by marriage.®
> FEErs.
Fees, 40. The fees specified in the second schedule
hereto shall be paid to the Registrars for the several
matters to which they are applicable, and shall be
paid by them into the Treasury of the Protectorate.
Fee may be remitted 41. The Commissioner may, when he 1s ae
poe fied of the poverty of the parties, reduce the amoun
6 Section 39 was repealed by Section 11 of The Native Marriage Ordinance,
1903, following, page 640, :
Crap. 49.] Marriage and Divorce.
of the said fees, or remit them altogether; and, if they
have been paid into the Treasury, order their refund.
42. This Ordinance shall not preclude a minister
from receiving the fees ordinarily paid to a minister
_ of his denomination for the celebration of marriage.
OFFENCES AND PENALTIES.”
43. Whoever is guilty of bigamy shall be liable to
imprisonment, with or without hard labour, for a
period not exceeding five years.
44. Whoever, being unmarried, goes through the
ceremony of marriage with a person whom he or she
knows to be married to another person, shall be liable
to imprisonment, with or without hard labour, for a
period not exceeding five years.
45. Whoever in any declaration, certificate,
licence, document, or statement by law to be made or
issued for the purposes of a marriage, declares, enters,
certifies, or states any material matter which is false,
shall, if he does so without having taken reasonable
means to ascertain the truth or falsity of such matter,
be liable to imprisonment for a period not exceeding
one year, or shall, if he does so knowing that such
matter is false, be liable to imprisonment, with or
without hard labour, for a period not exceeding five
years.
46. Whoever endeavours to prevent a marriage
by pretence that his consent thereto is required by
aw, or that any person whose consent is so required
does not consent, or that there is any legal impedi-
ment to the performing of such marriage, shall, if he
does so knowing that such pretence is false or without
having reason to believe that it is true, be liable to
Imprisonment, with or without hard labour, for a
period not exceeding two years.
Oring? also Chapter XX. of The Penal Code, and Sections 198 and 199 of ‘The
timinal Procedure Code,
Minister may
receive customary
fees.
Bigamy.
Marriage with a
person previously
married,
Making false
declarations, &c.,
for marriage.
False pretence of
impediment to
marriage.
Laws of the Uganda Protectorate. [CHap. 49,
Unlawfully per-
forming marriage
ceremony,
Wilful neglect of
duty to fill up or
transmit certificate
of marriage.
Personation in
marriage.
Fictitious marriage.
Contracting mar-
riage under this ©
Ordinance when
already married by
native law.
Contracting mar-
riage by native law
when already
married under this
Ordinance.
47. Whoever performs or witnesses as a mar-
riage officer the ceremony of marriage, knowing that
he is not duly qualified so to do, or that any of the
matters required by law for the validity of such mar-
riage has not happened or been performed, so that the
marriage is void or unlawful on any ground, shall be
liable to imprisonment, with or without hard labour,
for a period not exceeding five years.
48. Whoever, being under a duty to fill up the
certificate of a marriage celebrated by him, or the
counterfoil thereof, or to transmit the same to the
Registrar of Marriages, wilfully fails to perform such
duty, shall be liable to imprisonment, with or without
hard labour, for a period not exceeding two years.
49. Whoever personates any other person in mar-
riage, or marries under a false name or description,
with intent to deceive the other party to the marriage,
shall be liable to imprisonment, with or without hard
labour, for a period not exceeding five years.
50. Whoever goes through the ceremony of mar-
riage, or any ceremony which he or she represents to
be a ceremony of marriage, knowing that the marriage
is void on any ground, and that the other person
believes it to be valid, shall be liable to imprisonment,
with or without hard labour, for a period not exceed-
ing five years.
51. Whoever contracts a marriage under the
provisions of this Ordinance, or any modification or
re-enactment thereof, being at the time married in
accordance with native law or custom to any person
other than the person with whom such marriage 1s
contracted, shall be liable to imprisonment, with or
without hard labour, for a period not exceeding five
years.
52. Whoever, having contracted marriage under
this Ordinance, or any modification or re-enactment
thereof, during the continuance of such marriage
contracts a marriage in accordance with native law
or custom, shall be liable to imprisonment with or
without hard labour, for a period not exceeding five
years,
CHap. 49.] Marriage and Divorce. 625
Forms.
53. The forms contained in the first schedule Forms in scheaule
hereto may be used in the cases to which they are
applicable, with such alterations as may be necessary.
54.8
Date of commence-
ment.
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE, :
1st NoveMBER, 1902.
FIRST SCHEDULE.
Form (A).
Notice oF MARRIAGE.
To the Registrar of Marriages for the District of
Uganda.
I hereby give you notice that a marriage is intended to be hacl
within three months from the date hereof between me, the under-
signed, and the other party herein named.
| Occupation, Dwelling Consent, if
Name. | Condition. Rank, or Age. or Place of any, and by
| Profession. Abode. whom given
Bridegroom ...; Bachelor or Farmer, &e. 23 Entebbe =
Widower | (as case may be)
Bride ... ... | Spinster or , _Laundress 18 Port Alice Father
Widow (as case may be)
Witness my hand, this day of , 19
[Signature, |
8 Section 64 was repealed by The Uganda Marriage Amendment Ordinance, 1902, following,
page 630, and the Ordindnce was brought into operation on the 1st April, 1904, by notice of the
4th apes 1903, following, page 631.
626 Laws of the Uganda Protectorate. .[Cuap. 49,
Form (B).
Form oF ATTESTATION.
Signed by the said MeN , on the
day of , 19 , this notice having been first read over to
him [her] [or, read over and truly interpreted to him [her]in the
language | by . He [she] seemed to under-
stand the same and made his [her] mark thereto in my presence.
(Stgned)
Form (C).
REGISTRAR’S CERTIFICATE.
I, , Registrar of Marriages in the
District in Uganda, do hereby certify that on the day of
, notice was duly entered in the Marriage Notice
Book of this district of the marriage intended between the parties
herein named and described, such notice being delivered under the
hand of . one of the parties, that is to say :—
Occupation,
Name. Condition. Rank, or Age. Consent. Dwelling. seas
Profession. | neenee
|
A.B.| Bachelor! Cultivator 19 LF, Entebbe
(as case may be)| (as case; the father
may be) (as case may be)
(as case may be)
Port Alice
(as case may oy
C.D.| Spinster, Laundress 16 GEL,
(as case may be)| (as case| the mother
may be) (as case may be)
| | |
Date of notice entered, pS) 4
Date of certificate given, , 19
No caveat has been entered against the issue of the certificate;
or
A caveat was entered against the issue of this certificate on
the day of ,19 , but it has been cancelled.
Witness my hand, this day of , 19
(Signed) A.B,
Registrar of Marriages, District.
Note.—This certificate will be void unless the marriage is
solemnised on or before the day of ,19
AB.
Cuap. 49.| Marriage and Divorce. 627
Form (D).
SPECIAL LICENCE.
Whereas A.B. and C.D. desire to intermarry, and sufficient
cause has been shown to me why the preliminaries required by
“The Uganda Marriage Ordinance, 1902,” should be dispensed
with;
Now, therefore, in pursuance of the said Ordinance, I do dis-
pense with the giving of notice and the issue of the certificate
thereby prescribed, and do hereby authorise any Registrar of
Marriages, or recognised minister of some religious denomination
or body to celebrate marriage between the said 4.B. and C.D., at
[ place of celebration |, within days from the date hereof.
Such marriage may be celebrated by a Registrar of Marriages
between the hours of 10 o’clock in the forenoon and 4 o’clock in the
afternoon, or by such recognised minister between the hours of
.8 o'clock in the forenoon and 6 o’clock in the afternoon.
Given under my hand this day of , 19
(Signed)
Commissioner,
40a
(28 Laws of the Uganda Protectorate. [Cuap. 49,
Form (E).
UGANDA. UGANDA.
Ordinance No. , 19 Ordinance No. , 19
Section , 19 Section , 19
Marriages celebrated in the at] Marriages celebrated in the at
in the Uganda Protectorate.
CERTIFICATE OF MARRIAGE.
in the Uganaa Protectorate.
CERTIFICATE OF MARRIAGE.
— a
ic oO
: :
Ee a
s ms
No. 3 al No. 3 5
O ahs
& | 3 |.2 Ble\s
es a os a
Ela| Elalg
Ria |s a/ 8/4
Sie) 2 3 f\'S
a i ee a 5 | a
n nD
vee diel |a/Sle|s] Date gla! Jal@lulé
3 g lo} a] a i) Slol alas
wleleé B\e| ela ./ 8 (8 alel?|a
S/ 3/4 2 B/ Sis a |S 2|3 ols
ma 1H Oo | w 8 fava] = wm | 4 &
elsls|lelelele El@ ls) (elslels
19 Slalol|ld{H!]o 4|s8 19 Slalsl|a]h|e a\§
2/2) S)S)s/elelz #/2)3)/8|s|8lels
alaia BLO sl/hl es ai/el¢elS]°]8l% a
Sleial(si~lelals 8 slaiglg
a g asic a 2
s|2|E/E/ 8/9] 3/2] 8 s/f} 8/S]8)8/3/8/8
Z2lEFlAle lola laja ls Zielala|slajalals
ee sie
imac ick
Name of Name of
wife wife
wit { sf
nesses \ nesses {
Married at by | Married at by
(or before) me A.B., (or before) me ALB,
Minister (or Registrar)
(as the case may be).
This marriage ) A.B. inthe ) EL.
was celebrated presence
between us. f C.D. of us { @.H.
Witnesses.
Minister (or Registrar)
(as the case may be).
l A.B. | inthe ) ZF.
presence
j C.D. \ of us } GH.
Witnesses.
This marriage
was celebrated
between us.
Caarp. 49. | Marriage and Divorce. 629
Form (F).
|
WwW er j F 4
oy Sabicea Pall Azo or |Condition.} Occupation. | Residence. ene aea
|
|
| |
| Z
Entered this day of ,19 , at the District
Registry of Marriages at
(Stgned) A.B., Registrar.
SECOND SCHEDULE.
£8. d.
Filing every notice and entering same 0 3 0
On issue of each certificate or certified copy thereof... 0 2 0
Certifying any extract 0 2 0
On every marriage in Registrar’s office 0 4 O
Special licence 1 0 0?
* Corrected, as here printed, by notice 16th December, 1902, in the 1903 Gazette, page 22.
As to fees in cases where both the parties are natives of the Protectcrate, sce The Native
Marriage Fees Ordinance, 1906, following, page 640.
630 Laws of the Uganda Protectorate. [Cuap. 49,
No. 11 of 1902.
MARRIAGES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Uganda Marriage
.\mendment Ordinance, 1902.” .
2. The Uganda Marriage Ordinance No. 5, of 1902, shall com-
mence and come into operation on such date as the Commissioner
shall by notice in the Gazette appoint.
3. Section 54 of the said Ordinance is hereby repealed.
J. HAYES SADLER,
H.M. Commissioner.
ENTEBBE,
27TH DECEMBER, 1902.
No. 2 of 1904.
MARRIAGES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “The Uganda Marriage
(Repeal) Ordinance, 1904.”
2. The words,
“ A marriage may be lawfully celebrated under this Ordinance
between a man and the sister or niece of his deceased wife, but
save as aforesaid,”
in Section 33 of the Uganda Marriage Ordinance, 1902, are hereby
repealed.
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
15TH Frepruary, 1904.
Cuap. 49. | Marriage and Divorce. 631
NOTICE.
Unper THe Ucanna Marriage AMENDMENT ORDINANCE, 1902.
The Uganda Marriage Ordinance, 1902, shall commence and come into opera-
tion on the ist day of April, 1904.
J. HAYES SADLER,
H.M. Commissioner.
ENTEBBE,
4rq NovemsBer, 1903.
NOTICE.
Unver Tue Ucanpa MarriaGE Orpinance, 1902.
1. I hereby appoint the Secretary to the Uganda Administration to act as
Registrar-General for the purposes of The Uganda Marriage Ordinance, 1902.
2. I hereby declare the following to be marriage districts, and appoint the
officers mentioned below to be Registrars of Marriages for the districts against
which their names respectively appear, and to have their offices at the places
respectively mentioned :—
DISTRICTS.
1. The Eastern Province
and the Rudolph
Province.
2. Buganda (exclusive of
the Towxship of
Entebbe).
3. The Township of
Entebbe.
4. The Northern Pro-
vince,
d. The Western Pro-
vince.
REGISTRARS.
The Provincial Commis-
sioner of the Eastern
Province.
The Provincial Commis-
sioner, Buganda.
The Registrar-General.
The District Commis-
sioner, Hoima.
The Provincial Commis-
sioner of the Western
Province.
OFFICES.
The Provincial Commis-
sioner’s Office at Jinja.
The Provincial Commis-
sioner’s Office at Kam-
pala.
The Registrar-Gencral’s
Office at Entebbe. -
The District Commis~
sioner’s Office at Hoima.
The District Commis-
sioner’s Office at Fort
Portal.
3. The notices under the above-mentioned Ordinance, dated 1st November,
1902, 23rd January, 1906, and the 5th July, 1909, are hereby repealed.
ALEXANDER BOYLE,
Acting Governor,
ENTEBBE,
15ra NovemBer, 1909.
632 Laws of the Uganda Protectorate. [CHap. 49,
NOTICE.
Unprr THE Ucanpa MarriaGe ORDINANCE, 1902.
I hereby appoint the Assistant District Commissioner to be Deputy-Registrar
of Marriages for the District of the Eastern Province, to act in the absence of the
Registrar or until the Registrar is able to resume his duties at Jinja as Registrar.
ENTEBBE, ALEXANDER BOYLE,
19TH Novemser, 1909. Acting Governor.
NOTICES.
PLACES LICENSED FOR THE CELEBRATION OF MARRIAGES
Unver Tur Ucanpa MarriaGE OrbINANCE, 1902.
The under-mentioned places of public worship are hereby licensed to be places
for the celebration of marriages under The Uganda Marriage Ordinance, 1902, as
from 1st April, 1904 :—
Puaces oF Pustic WorsHIP oF THE CHurcH Missionary Sociezry.
The English Church at Entebbe.
The Cathedral Church, Namirembe.
The Anglican Church, Kampala Road, Entebbe.
The Anglican Churches at the following places :—
Gayaza, Jungo, Ngogwe, Si, Katente, Makindu, Nyenga, Buikwe,
Mukono, Kiswera, Ntenga, Lugazi, Mpuma, Koja, Mugomba, Buzir
Island, Nakononyi, Ewunga, Ndege, Luwero, Kisalizi, Mitiana,
Bamusuta, Kikoma, Kajuna, Rakai, Kasaka, Buweri, Buweya, Bugala
(Sesse), Kome Island, Busi, Mbarara, Kabarole, Butiti, Mboga, Hoima,
Busindi, Bugoma, Iganga, Kamuli, Jinja, Masaba, Mbale, Bugaya
Island, Bukasa (Bukasa Island), Nsange (Busiro).
Puaces or Pusiric Worsuip or tue St. Josepu’s (Mitu Hitz) Mission.
St. Peter’s Nsambya, Kyadondo, Uganda.
St. Joseph’s, Nagalama, Kyagwe, Uganda.
Our Lady’s, Mulajje, Kyagwe, Uganda.
St. Francis Xavier’s, Bukareba, Lubas, Busoga.
St. Peter Claver’s, Iganga, Busoga.
ee @
Cuap. 49. | Marriage and Divorce. 633
Our Lady’s, Gabulas, Busoga.
Our Lady’s, Mawanga, Kome Island, Uganda.
St. Francis Assisi, Nyenga, Kyagwe, Uganda.
Sacred Heart, Nazigo, Bugerere, Uganda.
St. Peter Baptist’s, Buvuma Island, Uganda.
Our Lady’s, Nyundo, Masaba.
St. Anthony’s, Budaka, Bukeddi.
St. Joseph’s, Jinja, Busoga.
Paces oF PusLic WoRSHIP OF THE ALGERIAN MISSION OF THE WHITE Lf ATHERS.
Church of the Sacred Heart, Entebbe, Busiro, Uganda.
Our Lady’s, Rubaga, Kyadondo, Uganda.
Our Lady’s, Kisubi, Busiro, Uganda.
Our Lady’s, Nandere, Bulemezi, Uganda.
Our Lady’s, Mitala Maria, Mawokota, Uganda.
Our Lady’s, Busubizi, Singo, Uganda.
Our Lady’s, Villa Maria, Buddu, Uganda.
Our Lady’s, Nuarozari, Buddu, Uganda.
Our Lady of Nazareth, Buddu, Uganda.
Our Lady’s, Kasozi, Koki, Uganda.
Our Lady’s, Bukumi, Bugangadzi, Uganda.
Our Lady’s, Bujunyi, Bugangadzi, Uganda.
Our Lady’s, Hoima, Bunyoro.
Our Lady’s, Fort Portal, Toro.
Our Lady’s, Mbarara, Ankole.
Our Lady’s, Bumangi, Sesse Islands, Uganda.
Our Lady’s, Bikira, Buddu, Uganda.
MuuammMapan PLAces oF Pustic WorsHIP.
The Mosque, Kampala Road, Entebbe, Busiro.
i Kibuli, Kiadondo, Uganda.
a Natete, Kiadondo, Uganda.
6 Nakasero, Kiadondo, Uganda.
a Namirembe, Kiadondo, Uganda.
5 Bukota, Kiadondo, Uganda.
3 Seta, Kiadondo, Uganda.
i Mengo, Kiadondo, Uganda.
i Kasanga, Kyagwe, Uganda.
3 Kitenda, Kyagwe, Uganda.
#5 Busika, Bulemwezi, Uganda.
3 Mulumuli, Bulemwezi, Uganda.
i Mukinyenya, Bulemwezi, Uganda.
oe Bukimu, Bulemwezi, Uganda.
er Kalagala, Bulemwezi, Uganda.
i Bweya, Butambala, Uganda.
95 Bweya, Busiro, Uganda.
aS Kalamba, Butambala, Uganda.
45 Bugobango, Butambala, Uganda.
a Mukiyamba, Butambala, Uganda.
53 Kasenene, Kyagwe, Uganda.
3 Mukisamula, Kyagwe, Uganda.
Enresse, Ucanpa, J. HAYES SADLER,
22np Fepruary, 1904. H.M. Commissioner and Consul-General.
634 Laws of the Uganda Protectorate. [CHap. 49,
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:—
Puace or Pusric WorsuHrP oF THE ALGERIAN MisSION OF THE WHITE Farugps.
The Church of Our Lady of Butiti, at Mwenge, in the District of Toro,
ENTEBBE, UGANDA, GEORGE WILSON,
9TH Fesruary, 1905. Acting Commissioner,
The under-mentioned places of public worship are hereby licensed to be places
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:--
Puaces oF Pustic WorsHiP oF THE CHuRcH Missionary Society.
St. Paul’s, Ekikise.
Kabuwoko.
Kanabulemu.
Kyansi.
Kabula (the Church of the Saza Kabula).
ENTEBBE, UGANDA, GEORGE WILSON,
3rD Mancu, 1905. Acting Commissioner.
The under-mentioned places of public worship are hereby licensed to be places
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:—
Puace oF Pusiic Worssip oF THE CHuRcH Missionary SOCIETY.
The Churches at Bira (Busiro) and Makerere (Kyadondo).
ENTEBBE, UGANDA, J. HAYES SADLER,
9TH May, 1905. His Majesty’s Commissioner.
’
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902 :—
Puace or Pustic WorsHIP oF THE CaurcH Missionary SOCIETY.
The Church at Fatiko (Acholi Country).
ENtrEBBE, UGANDA, J. HAYES SADLER,
137TH Jury, 1905. His Majesty’s Commassioner-
Cuap. 49. | Marriage and Divorce. 635
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902 :—
Puace oF Pustic WorsuHIP oF THE CHURCH MISSIONARY SOCIETY.
The Church at Namataba in the county of Kyagwe.
Enresse, Ucanpa, J. HAYES SADLER,
lst Aueust, 1905. His Majesty’s Commissioner.
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902 :—
Puace or Pustic Worsuip oF THE CHuRCcH MISsi0oNARY SOCIETY.
The Church at Kakunyu in the county of Buddu.
ENTEBBE, J. HAYES SADLER,
21st SEPTEMBER, 1905. His Majesty’s Commissioner.
_ The under-mentioned place of public worship is hereby licensed as a place
for the celebration of Muhammadan marriages under The Uganda Marriage
Ordinance, 1902 :—
The Mosque at Namasumbi, Kyagwe.
ENTEBBE, J. HAYES SADLER,
3RD NovemBer, 1905. His Majesty’s Commissioner
The under-inentioned places of public worship are hereby licensed to be places
for the celebration of marriages under The Uganda Marriage Ordinance, 1902 :—
Piaces or Pusiic Worsuip oF THE CourcH Missionary Society.
The Churches at Ndwademutwe, Kiumu, and Kitale in the county of Kyagwe.
The Churches at Ntenjeru and Kigembo in the county of Bugerere.
ENTEBBE, GEORGE WILSON,
léta Fesruary, 1906. leting Commissioner.
636 Laws of the Uganda Protectorute. [Cuap. 49,
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:—
PuiacrE oF Pusiic WorsHIP oF THE CHURCH Missionary Society.
The Church at Kaliro (Zibonda’s, Usoga).
ENTEBBE, H. HESKETH BELL,
16TH DrecemBeEr, 1906. His Majesty’s Commissioner.
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:—
Priace oF Pustic Worsuip oF THE Mitt Hitu Mission.
St. Peter Claver’s Roman Catholic Church at Namilyango in the county of Kiagwe.
ENTEBBE, GEORGE WILSON,
6TH SEpremBER, 1907. Acting Commissioner.
The under-mentioned places of public worship are hereby licensed to be places
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:—-
Puacres oF PuBLic WorSHIP OF THE WHITE Fatuers’ Mission.
The Roman Catholic Church at Gayaza (Kyadondo).
The Roman Catholic Church at Katende (Mawokota).
ENTEBBE, GEORGE WILSON,
Ist Octoser, 1907. Acting Commissionsr.
The under-mentioned places of public worship are hereby licensed to be plazes
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:—-
Praces oF Pustic WorsHIP oF THE ST. JosePH’s (Mitu Hit) Misston.
St. Peter’s, Nsambya, Kyadondo, Uganda.
St. Joseph’s, Ngalama, Kyagwe, Uganda.
Our Lady’s, Mulajje, Kyagwe, Uganda.
St. Francis Xavier’s, Bukareba, Lubas, Busoga.
St. Peter Calver’s, Iganga, Busoga.
Our Lady’s, Gabulas, Busoga.
Our Lady’s, Mawanga, Kome Island, Uganda.
St. Francis Assisi, Nyenga, Kyagwe, Uganda.
Sacred Heart, Nazigo, Bugerere, Uganda.
St. Peter Baptist’s, Buvuma Island, Uganda.
Our Lady’s, Nyundo, Masaba.
St. Anthony’s, Budaka, Bukeddi.
St. Joseph’s, Jinja, Busoga.
St. Peter Calver’s, Namilyango, Kyagwe.
*All Souls’, Budinyi, Busoga.
*Published for the first time.
Entesse, Ucanpa, H. HESKETH BELL,
6TH January, 1908. Governor.
Cuap. 49. | Marriage and Divorce. 637
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902 :—
Piace or Pustic WorsHip oF THE CHuRcH Missionary Society.
The Church at Nakaswa in the county of Kyagwe.
ENTEssE, H. HESKETH BELL,
3rp Fresruary, 1908. Governor.
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902 :—
Piacr oF Pustic WoRSHIP oF THE WHITE FatTHEers’ MISSION.
The Roman Catholic Church at Bukalagi (Gomba).
ENTEBBE, H. HESKETH BELL,
12TH SepremBer, 1908. Governor.
The under-mentioned places of public worship are hereby licensed to be places
for the celebration of marriages under The Uganda Marriage Ordinance, 1902 :—
Piaces oF Pusiic WorsHIP oF THE CuuRcH MISsionaRyY SOCIETY.
The Church at Nateta in the county of Kyagwe, and the Church of N’gora
in the county of Bukedi.
ENTEBBE, H. HESKETH BELL,
277TH OctoBER, 1908. Governor.
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902, as
from the 12th April, 1909 :—
Saint John the Evangelist, Circular Road, Entebbe.
Enrezsr, H. HESKETH BELL,
6rx Apri, 1909. Governor.
638 Laws of the Uganda Protectorate. [Cuap. 49,
The under-mentioned place of public worship is hereby licensed to be a place
for the celebration of marriages under The Uganda Marriage Ordinance, 1902:—
Puiact oF Pusiic WorsuHIP oF THE NaTIVE ANGLICAN CHURCH.
The Native Anglican Church at Kikangala (Buyaga).
ENTEBBE, STANLEY C. TOMKINS,
12TH June, 1909. Acting Governor.
Unper Toe Ucanpa MarriaGE ORDINANCE, 1902, anp THE Native
MarriaGE Orpinance, 1903.
The under-mentioned places of public worship are hereby licensed to be places
for the celebration of marriages under the above-mentioned Ordinances :—
PLaces or Pusitic WorRSHIP OF THE ALGERIAN MISSION OF THE WHITE FaTueERs,
The Church at Naddangira, near Buwanuka (Busiro).
The Church at Munyendo, near Masaka (Buddu).
The Church at Bunyaruguru (Ankole).
ENTEBBE,. ALEXANDER BOYLE,
llta NovemBER, 1909. Acting Governor.
No. 14 of 1903.”
NATIVE MARRIAGES.
It is hereby enacted as follows :—
Short title. 1. This Ordinance may be cited as “ The Native
Marriage Ordinance, 1903.”
Morviages of Ohris- 2. Notwithstanding anything contained in “The
‘en natives" Uganda Marriage Ordinance, 1902,” marriages may
be celebrated under this Ordinance between natives,
both of whom profess the Christian or Muhammadan
religions.
10 This Ordinance has ceased to apply to Muhammavilans; see No. 7 of 1906,
following, page 666.
Cuap. 49. | Marriage and Divorce.
639
3. Except as otherwise provided in this Ordin-
ance, the provisions of “The Uganda Marriage
Ordinance, 1902,” shall apply to marriages celebrated
under this Ordinance.
4. Such marriages shall ordinarily be celebrated
by a minister of the religion to which the parties
belong, and in such places only as are licensed by the
Commissioner for the celebration of marriages.
5. The formalities preliminary to marriage
established, usual or customary for the natives in the
religion to which the parties belong, shall apply to
marriages under this Ordinance, and Sections 7 to 17,
inclusive, of “The Uganda Marriage Ordinance,
1902,” shall not apply.
6. In cases where the consent of any person to
the intended marriage is necessary the minister to
celebrate the intended marriage shall be deemed to be
a Registrar of Marriages for the purpose of such con-
sent, and if there be no parent or guardian in any
particular case capable of consenting, then such
minister may consent in writing to such marriage,
upon being satisfied, after due inquiry, that the mar-
riage is a proper one.
7. The marriage certificate shall be in the form
usual with native Christian or Muhammadan mar-
riages, or if there be no such form, then in the form
prescribed by “The Uganda Marriage Ordinance,
1902.”
_ 8. For the purpose of the registration of mar-
tlages under this Ordinance, His Majesty's Commis-
sioner shall appoint ministers to be Registrars, and
they shall be deemed to be Registrars of Marriages"
within the meaning of “The Uganda Marriage Ordin-
ance, 1902,” except that it shall not be necessary
for them to transmit to the Registrar-General a certi-
fied copy of the entries made by them in the Marriage
Register Book more than once in three months.
_9. A fee of one rupee shall be chargeable for the
registration of a marriage under this Ordinance,
1 See notices following, pages 641 to 646
Application of
“The Uganda Mar-
riage Ordinance,
1902.
Persons by whom
such marriages may
be celebrated, and
place,
Formalities prelimi-
nary to marriage.
Consent to marriage
of minors,
Certificate.
Registry. '
Fee,
40 Laws of the Uganda Protectorate. [Cuap. 49,
instead of the fees chargeable under “The Uganda
Marriage Ordinance, 1902.” ”
Certain Mba: 10. Nothing in “The Uganda Marriage Ordin-
valid. ae ance, 1902,” shall be deemed to prevent, invalidate,
or make an offence the celebration of a Muhammadan
marriage under this Ordinance by reason only of a
former marriage, provided that such subsequent mar-
riage be valid by Muhammadan law.
11. Section 39 of “The Uganda Marriage
Ordinance, 1902,” is hereby repealed.
Commencement. 12. This Ordinance shall commence and come
into operation on such date as the Commissioner shall
by notice in the Gazette appoint.
J. HAYES SADLER,
“Commissioner,
ENTEBBE,
4tH NovEMBER, 1903.
No. 6 of 1906.
MARRIAGES.
It is hereby enacted as follows :—
1. This Ordinance may be cited as “ The Native Marriage Fees
Ordinance, 1906.”
2. The fees chargeable under The Uganda Marriage Ordin-
ance, 1902, in cases where both the parties to the marriage are
natives of the Protectorate, and the fees chargeable under The
Native Marriage Ordinance, 1903, shall, notwithstanding anything
in the said Ordinances contained, be as follows :—
(1) On registration of the marriage (including
certificate) ... ita c ... One rupee.
(2) For certified copy of entry ... Gat ... One rupee.
ENTEBBE, GEORGE WILSON,
6TH APRIL, 1906. Acting Commissioner.
12 As to fees, see No. 6 of 1906, helow.
Cuap. 49.] Marriage and Divorce. 641
NOTICE.
Unver THE Native MarriacGe ORDINANCE, 1903.
The Native Marriage Ordinance, 1903, shall commence and come into
operation on the Ist day of April, 1904.
ENTEBBE, J. HAYES SADLER,
47H NovemBer, 1903. H.M. Commissioner.
NOTICES.
REGISTRARS OF MARRIAGES.
Unver THE Native MarriaGE ORDINANCE, 1903.
I hereby appoint the following persons to be Registrars of Marriages from and
after 1st April, 1904, as provided by Section 8 of The Native Marriage Ordinance,
1903 :—
The Senior Resident Minister, Namirembe Cathedral.
The Resident Ministers of the Native Churches at :—
Entebbe, Gayaza, Jungoo, Ngogwe, Si, Katente, Makindu, Nyenga,
Buikwe, Mukono, Kiswera, Ntenga, Lugazi, Mpuma, Koja, Mugomba,
Buziri Island, Nakononyi, Ewunga, Ndege, Luwero, Kisalizi, Mitiana,
Bamusuta, Kikoma, Kajuna, Rakai, Kasaka, Buweri, Buweya, Bugala
(Sesse), Kome Island, Busi, Mbarara, Kabarole, Butiti, Mboga, Hoima,
Busindi, Bugoma, Iganga, Kamuli, Jinja, Masaba, Mbale, Bugaya
Island, Bukasa (Bukasa Island), Nsange (Busiro).
The Fathers Superior of the St. Joseph’s (Mill Hill) Mission Churches at :—
St. Peter’s, Nsambya, Kyadondo, Uganda.
St. Joseph’s, Nagalama, Kyagwe, Uganda.
Our Lady’s, Mulajje, Kyagwe, Uganda.
St. Francis Xavier’s, Bukareba, Lubas, Busoga.
St. Peter Claver’s, Iganga, Busoga.
Our Lady’s, Gabulas, Busoga.
Our Lady’s, Mawanga, Kome Island, Uganda.
St. Francis Assisi, Nyenga, Kyagwe, Uganda.
Sacred Heart, Nazigo, Bugerere, Uganda.
St. Peter Baptist’s, Buvuma Island, Uganda.
Our Lady’s, Nyundo, Masaba.
St. Anthony’s, Budaka, Bukeddi.
St. Joseph’s, Jinja, Busoga.
eee as here printed, by notice 15th December, 1903, Gazette, page 447.
642 Laws of the Uganda Protectorate. [CHap. 49
The Fathers Superior of the following Churches of the Algerian Mission of
the White Fathers :--
Church of the Sacred Heart, Entebbe, Busiro, Uganda.
Our Lady’s, Rubaga, Kyadondo, Uganda.
Our Lady’s, Kisubi, Busiro, Uganda.
Our Lady’s, Nandere, Bulemezi, Uganda.
Our Lady’s, Mitala Maria, Mawokota, Uganda.
Our Lady’s, Busubizi, Singo, Uganda.
Our Lady’s, Villa Maria, Buddu, Uganda.
Our Lady’s, Nnarozari, Buddu, Uganda.
Our Lady of Nazareth, Buddu, Uganda.
Our Lady’s, Kasozi, Koki, Uganda.
Our Lady’s, Bukumi, Bugangadzi, Uganda.
Our Lady’s, Bujunyi, Bugangadzi, Uganda.
Our Lady’s, Hoima, Bunyoro.
Our Lady’s, Fort Portal, Toro.
Our Lady’s, Mbarara, Ankole.
Our Lady’s, Bumangi (Sesse Islands).
Our Lady’s, Bikira, Buddu, Uganda.
ENTEBBE, UcGanpba, J. HAYES SADLER,
22np Fesruary, 1904. H.M. Commissioner and Consul-Generai.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
The Father Superior of the under-mentioned Church of the Algerian Mission
of the White Fathers :— Pi
The Church of Our Lady of Butiti, at Mwenge in the district of Toro.
ENTEBBE, UGANDA, GEORGE WILSON,
Orn Frepruary, 1905. Acting Commissioner.
I hereby appoint the following persons to be Registrars of Marriages as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
The Resident Ministers of the Native Churches at :—
St. Paul’s, Ekikiese.
Kabuwoko.
Kanabulemu.
Kyansi.
Kabula (the Church of the Saza Kabula).
EntTEBBE, UGANDA, GEORGE WILSON,
3np Marca, 1905. Acting Commissioner.
Cur. 49.] Marriage and Divorce. 643
I hereby appoint the following persons to be Registrars of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 : —
Te RestDENT MINISTERS OF THE UNDER-MENTIONED CHURCHES OF THE
Cuurcn Missionary Society.
The Churches at Bira (Busiro) and Makerere (Kyadondo).
Entesse, Ucanpa, J. HAYES SADLER,
97H May, 1905. His Majesty’s Commissioner.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tue ResIDENT MINISTER OF THE UNDER-MENTIONED CHURCH OF THE
Cuurcn Missionary Society.
The Church at Fatiko (Acholi Country).
ENTEBBE, UGANDA, J. HAYES SADLER,
13TH Juty, 1905. His Majesty’s Commissioner.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tue REesipENT MINISTER OF THE UNDER-MENTIONED CHURCH OF THE
CHURCH MIssionaRy Society.
The Church at Namataba in the county of Kyagwe.
EnrepBe, Ucanpa, J. HAYES SADLER,
lst Aueust, 1905. His Majesty’s Commissioner.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
THE Resipent MINISTER OF THE UNDER-MENTIONED CHURCH OF THE
Cuurco Missionary Socrery.
The Church at Kakunyu in the county of Buddu.
ENTEBBE, J. HAYES SADLER,
‘ 21st Sepremper, 1905. His Majesty’s Commissioner.
4
644 Laws of the Uganda Protectorate. [CHap, 49,
I hereby appoint the following persons to be Registrars of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
‘
Tue RESIDENT MINISTERS OF THE UNDER-MENTIONED CHURCHES OF THE
CuurcH Missionary Socrery.
The Churches at Ndwademutwe, Kiumu and Kitale in the county of Kyagwe.
The Churches at Ntenjeru and Kigembo in the county of Bugerere.
ENTEBBE, GEORGE WILSON,
16TH Fesruary, 1906. Acting Commissioner.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tue ResipEnt MINISTER OF THE UNDER-MENTIONED CHURCH OF THE
CuurcH Missionary SOCIETY.
The Church at Kaliro (Zibonda’s, Usoga).
ENTEBBE, H. HESKETH BELL,
16TH DecemsBeEr, 1906. His Majesty’s Commissioner.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tue Resipent FatrHer SUPERIOR OF THE UNDER-MENTIONED CHURCH OF
THE Mitt Hitt Mission.
St. Peter Claver’s Roman Catholic Church at Namilyango in the county of Kyagwe.
ENTEBBE, GEORGE WILSON,
6TH SEPTEMBER, 1907. Acting Commissioner.
I hereby appoint the following persons to be Registrars of Marriages, 4
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tur ResipENT FaTtHERS SUPERIOR OF THE UNDER-MENTIONED CHURCHES
oF THE WHITE FarHers Mission.
The Roman Catholic Church Gayaza in the county of Kyadondo.
The Roman Catholic Church Katende in the county of Mawokota.
ENTEBBE, GEORGE WILSON,
Ist Ocroser, 1907. Acting. Commissioner.
Cuap. 49.] Marriage und Divorce. 645
I hereby appoint the following persons to be Registrars of Marriages as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tue Fatuers Superior oF St. JosepH’s (Mitt Hitt) Mission CuurcHES at: —
St. Peter’s, Nsambya, Kyadondo, Uganda.
St. Joseph’s, Nagalama, Kyagwe, Uganda.
Our Lady’s, Mulajje, Kyagwe, Uganda.
St. Francis Xavier’s, Bukareba, Lubas, Busoga.
St. Peter Calver’s, Iganga, Busoga.
Our Lady’s, Gabulas, Busoga.
Our Lady’s, Mawanga, Kome Island, Uganda.
St. Francis Assisi, Nyenga, Kyagwe, Uganda.
Sacred Heart, Nazigo, Bugerere, Uganda.
St. Peter Baptist’s, Buvuma Island, Uganda.
Our Lady’s, Nyundo, Masaba.
St. Anthony’s, Budaka, Bukeddi.
St. Joseph’s, Jinja, Busoga.
St. Peter Calver’s, Namilyango, Kyagwe.
*All Souls’, Budinyi, Busoga.
*Published for the first time.
‘a -
ENTEBBE, UGANDA, H. HESKETH BELL,
6TH January, 1908. Governor.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tue Resipent MINISTER OF THE UNDER-MENTIONED CHURCH OF THE
Cuurco Missionary Society.
The Church at Nakaswa in the county of Kyagwe.
Entesse, Ucanpa, H. HESKETH BELL,
3rD Fresruary, 1908. Governor.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tae Resipent FarHer SuPERIOR OF THE UNDER-MENTIONED CHURCH OF
THE Waite FatHers’ Mission.
The Roman Catholic Church at Bukalagi in the county of Gomba.
ENTEBBE, H. HESKETH BELL,
12th SuprempeER, 1908. Governor.
646 Laws of the Uganda Protectorate. [Cuap, 49,
I hereby appoint the following persons to be Registrars of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tur RESIDENT MINISTERS OF THE UNDER-MENTIONED CHURCHES OF THE
CuurcH Missionary Society.
The Church at Nateta in the county of Kyagwe, and the Church at N’gora
in the county of Bukedi.
ENTEBBE, H. HESKETH BELL,
27TH OctoBER, 1908. Governor.
I hereby appoint the following person to be a Registrar of Marriages, as
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Tue RESIDENT MINISTER OF THE UNDER-MENTIONED CHURCH OF THE
Native ANGLICAN CHURCH.
The Native Anglican Church at Kikangala in the county of Buyaga.
ENTEBBE, STANLEY C. TOMKINS,
12TH June, 1909. Acting Governor.
/
I hereby appoint the following persons to be Registrars of Marriages, 4
provided by Section 8 of The Native Marriage Ordinance, 1903 :—
Ture Resipent FatHers SUPERIOR OF THE UNDER-MENTIONED CHURCHES
OF THE ALGERIAN MissION OF THE WHITE FaTHERS.
The Church at Naddangira, near Buwanuka, in the county of Busiro.
The Church at Munyendo, near Masaka, in the county of Buddu.
The Church at Bunyaruguru in the District of Ankole.
ENTEBBE, ALEXANDER BOYLE,
llr Novemser, 1909. Acting Governor.
Cuap. 49. ] Marriage and Divorce.
No. 15 of 1904.
DIVORCE ORDINANCE.
1. This Ordinance may be cited as “ The Divorce
Ordinance, 1904.”
2. Nothing hereinafter contained shall autho-
rise—
(1) The grant of any relief under this Ordin-
ance unless the petitioner resides in the Protectorate
at the time of presenting the petition; and (a) either
professes the Christian religion; or (b) has been
married under the provisions of the Marriage Ordin-
ances in force in the Protectorates of East Africa,
Uganda, or British Central Africa ;”
(2) Or the making of any decree of dissolution of
marriage, except in the following cases: (a) where
the marriage shall have been solemnised in Africa; or
(b) where the adultery, rape, or unnatural crime com-
plained of shall have been committed in Africa; or
(c) where the husband has since the marriage adopted
some form of religion other than Christianity ;
(8) Or the making of any decree of nullity of
marriage, except in cases where the marriage has
been solemnised in Africa.
3. In this Ordinance—
“Africa” means the British Protectorates of
Zanzibar, East Africa, British Central Africa,"
Somaliland, Uganda, and the German, Italian, and
Portuguese territories on the East Coast of Africa.
“Minor children” means, in the cases of natives
and British Indians, boys who have not attained the
age of 15 years and girls who have not attained the
age of 13 years. In other cases it means unmarried
children who have not attained the age of 18 years.
¥4 As to the grant of relief in cases of Muhammadan marriages, see Section 19
of No, 7 of 1906, following, page 671.
® Now Nyasaland.
647
Short title.
Limitations of this
Ordinance.
Definitions.
648
Laws of the Uganda Protectorate. [Cuap. 49,
Jurisdiction of
the High Court,
principles of law to
be applied.
Grounds for divorce,
Co-respondent.
Scope of inquiry by
the Court.
4. Jurisdiction under this Ordinance shall onl
be exercised by the High Court (hereinafter called the
Court), and such jurisdiction shall, subject to the pro-
visions of this Ordinance, be exercised in accordance
with the law applied in matrimonial proceedings in
the High Court of Justice in England.”
DISSOLUTION OF MARRIAGE.
5. (1) A husband may apply by petition to the
Court for the dissolution of his marriage on the
ground that since the solemnisation thereof his wife
has been guilty of adultery.
(2) A wife may apply by petition to the Court
for the dissolution of her marriage on the ground
that since the solemnisation thereof her husband has
changed his profession of Christianity for the pro-
fession of some other religion, and gone through a
form of marriage with another woman, or has been
guilty of incestuous adultery; or
Of bigamy with adultery; or
Of marriage with another woman with adultery;
or
Of rape, sodomy, or bestiality; or
Of adultery coupled with cruelty; or
Of adultery coupled with desertion, without
reasonable excuse, for two years or upwards.
6. Where the husband is the petitioner, he shall
make the alleged adulterer a co-respondent to the
petition unless he is excused by the Court from so
doing on one of the following grounds :—
(1) That the respondent is leading the life of a
prostitute, and that he knows of no person with whom
the adultery has been committed.
(2) That he does not know the name of the alleged
adulterer although he has made due efforts to discover
it.
(8) That the alleged adulterer is dead.
7. The Court shall satisfy itself, so far as it
reasonably can, as to the facts alleged, and also
whether or not the petitioner has been in any manner
accessory to or conniving at the going through of the
said form of marriage or the adultery complained
16 Ag to divorces among Baganda, see Order of the 23rd January, 1905, under
The Uganda Agreement (Judicial), 1905, Appendix B, page 982.
Cuap. 49.] Marriage and Divorce.
649
of, or has condoned the same, and shall also inquire
into any countercharge which may be made against
the petitioner.
8. The petition shall be dismissed if the Court is
satisfied that the petitioner’s case has not been proved,
or is not satisfied that the alleged adultery has been
committed, or finds that during the marriage the
petitioner has been accessory to or conniving at the
going through of the said form of marriage or the
adultery or has condoned the same, or finds that the
petition is presented or prosecuted in collusion with
either the respondent or co-respondent.
9. If the Court is satisfied that the petitioner’s
case has been proved, and does not find that the peti-
tioner has been accessory to or has connived at the
going through of the said form of marriage or the
adultery, or has connived at or condoned the same,
or that the petition is presented or prosecuted in
collusion, the Court shall pronounce a decree nisi for
the dissolution of the marriage :
Provided that the Court shall not be bound to
pronounce such decree if it finds that the petitioner
has during the marriage been guilty of adultery, or
been guilty of unreasonable delay in presenting or
prosecuting the petition, or of cruelty to the respon-
dent, or of having deserted or wilfully separated him-
self or herself from the respondent before the adultery
complained of, and without reasonable excuse, or
of such wilful neglect of or misconduct towards the
respondent as has conduced to the adultery.
10. Adultery shall not be deemed to have been
condoned unless conjugal cohabitation has been con-
tinued or subsequently resumed.
11. If the respondent opposes the relief sought
on the ground, where the petitioner is the husband, of
his adultery, cruelty, or desertion without reasonable
excuse, or, where the petitioner is the wife, on the
ground of her adultery, the Court may give the re-
spondent, on his or her application, the same relief to
which he or she would have been entitled if a petition
had been presented seeking such relief, and the res-
pondent may give evidence of or relating to such
adultery, cruelty, or desertion.
When petition shall
be dismissed.
When petition shall
be granted,
Condonation of
adultery
Grant of relief to the
respondent.
650
Petitions for nullity
of marriage.
Grounds for decree
of nullity.
Children of annulled
marriage.
Laws of the Uganda Protectorate. [CHap. 49.
NULLITY OF MARRIAGE.
12. A husband or a wife may present a petition
to the Court praying that his or her marriage may be
declared null and void.
13. (1) The following are the grounds on which a
decree of nullity of marriage may be made :-—
(a) That the respondent was permanently
impotent at the time of the marriage;
(b) That the parties are within the prohibited
degrees of consanguinity (whether natural or legal)
or affinity ;
(c) That either party was a lunatic or idiot at
the time of the marriage;
(d) That the former husband or wife of either
party was living at the time of the marriage, and the
marriage with such previous husband or wife was
then in force;
(e) That the consent of either party to the mar-
riage was obtained by force or fraud, in any case in
which the marriage might be annulled on this ground
by the law of England.
(2) If the Court finds that the petitioner’s case
has been proved it shall pronounce a decree nisi
declaring the marriage to be null and void.
14. Where a marriage is annulled on the ground
that a former husband or wife was living, and it is
found that the subsequent marriage was contracted
in good faith and with the full belief of the parties
that the former husband or wife was dead, or where
a marriage is annulled on the ground of insanity,
children begotten before the decree nisi is made shall
be specified in the decree, and shall be entitled to suc-
ceed in the same manner as legitimate children to the
estate of the parent who at the time of the marriage
was competent to contract.
Cuap. 49. | Marriage and Divorce.
651
JUDICIAL SEPARATION AND PROTECTION ORDERS.
15. A husband or a wife may apply by petition
to the Court for a judicial separation on the ground of
cruelty, or adultery, or desertion without reasonable
excuse for two years or upwards, and the Court, on
being satisfied that the allegations of the petition are
true, and that there is no legal ground why the appli-
cation should not be granted, may decree judicial
separation accordingly.
16. Where judicial separation has been decreed
under this Ordinance, the wife shall, from the date
of the decree, and whilst the separation continues, be
considered as unmarried with respect to property of
every description which she may acquire or which
may come to or devolve upon her, and such property
may be disposed of by her in all respects as if she
were an unmarried woman, and on her decease, if she
die intestate, shall go as it would have gone if her
husband had then been dead :
Provided that if she again cohabit with her
husband, all property to which she may be entitled
when such cohabitation takes place, shall be held to
her separate use, subject, however, to any agreement
in writing made between herself and her husband
while separate.
17. Where a judicial separation has been
decreed under this Ordinance, the wife shall, whilst
the separation continues, be considered as an unmar-
ried woman for the purposes of contracts, wrongs,
and injuries, and of suing and being sued in any
civil proceedings, and her husband shall not be liable
in respect of any contract, act, or costs entered into,
done, omitted, or incurred by her during the sepa-
ration :
Provided that where alimony has been decreed
or ordered to be paid to the wife upon such judicial
separation, and the same is not duly paid, the
eane shall be liable for necessaries supplied for
er use :
Grounds for judicial
separation.
Property of wife
after judicial sepa-
ration,
Contracts, &c., of
wife after judicial
separation.
652
Laws of the Uganda Protectorate. [Cuap. 49.
Protection orders.
Position of wife.
Discharge and
variance of.
Provided also that nothing in this Ordinance
shall prevent the wife from joining at any time
during the separation in the exercise of a joint power
given to herself and her husband.
18. A husband or wife upon the application of
whose wife or husband, as the case may be, a decree
of judicial separation has been pronounced, may at
any time thereafter present a petition praying for the
reversal of such decree on the ground that it was
obtained in his or her absence, and that where deser-
tion was the ground of such decree there was
reasonable excuse for the desertion alleged.
The Court may, on being satisfied of the truth of
the allegations of the petition, reverse the decree
accordingly.
19. (1) Any wife, in whose property the hus-
band has acquired an interest by virtue of the
marriage, may, it deserted by him, apply by petition
to the Court for an order to protect any property
which she may have obtained or may obtain after the
desertion, against him and his creditors and any
person claiming under him.
(2) The Court may, if satisfied that the desertion
was without reasonable excuse, and that the wife
is maintaining herself, make such order.
(3) The order shall state the time at which deser- .
tion commenced, and shall, as regards all persons
dealing with the wife in reliance thereon, be con-
clusive as to such time.
(4) While any such order is in force, the wife
shall be, and be deemed to have been from the date of
the desertion, in the like position in all respects with
regard to property and contracts, and suing and being
sued, as she would be if she had obtained a decree ot
judicial separation under this Ordinance.
(5) The husband, or any creditor or person
claiming under him, may apply to the Court for the
discharge or variation of the order, and the Court
may, if the desertion has ceased, or if for any other
cause it thinks fit so to do, discharge or vary the order
accordingly.
Cuap. 49.] Marriage and Divorce.
653
(6) If the husband, or any creditor or person
claiming under him, seizes or continues to hold any
property of the wife after notice of any such order,
the wife may, by action, recover such property, and
also a sum equal to double its value.
20. (1) The reversal, discharge, or variation of
a decree of judicial separation, or of a protection
order, shall not affect any rights or remedies which a
person would otherwise have had in respect of any
contracts or acts of the wife entered into or done
between the dates of the decree or order and of the
reversal, discharge, or variation thereof.
(2) Any person who, in reliance on any such
decree or order, makes any payment to or permits any
transfer or act to be made or done by the wife shall,
notwithstanding such decree or order may then have
been reversed, discharged, or varied or the separation
of the wife from her husband may have ceased, or at
some time since the making of the decree or order
been discontinued, be protected and indemnified as if
at the time of such payment, transfer or act such
decree or order were valid and still subsisting with-
out variation, and the separation had not ceased or
been discontinued, unless at the time of the payment,
transfer or other act such person had notice of the
reversal, discharge, or variation of the decree or
order or of the cessation or discontinuance of the
separation.
RESTITUTION OF CONJUGAL RicuHTs. ”
21 (1) Ifa husband or wife has without reason-
able excuse withdrawn from the society of the other,
the wife or husband may apply by petition to the
Court for restitution of conjugal rights.
(2) The Court, on being satisfied that the allega-
tions of the petition are true, and that there is no
legal ground why the application should not be
granted, may decree restitution of conjugal rights
accordingly.
17 As to the enforcement of decrees for the restitution of conjugal rights,
see Section 260 of The Civil Procedure Code,
Action for seizing
wife’s property.
Reversal or dis-
charge of judicial
separation or
protection order,
effect of.
Restitution of con-
jugal rights.
654 Laws of the Uganda Protectorate. [Cuap. 49.
(3) Nothing shall be pleaded in answer to a peti-
tion for restitution of conjugal rights which would
not be ground for a suit for judicial separation or
for a decree of nullity of marriage.
GENERAL.
Husband may claim 22. (1) A husband may, by petition, claim
adultery, damages from any person on the ground of his having
committed adultery with the wife of the petitioner.
(2) Such claim may be made either in a petition
for dissolution of marriage or for judicial separation,
or by petition for that purpose only.
(3) The Court shall ascertain the amount of
damages whether the respondents appear or not, and
may in every case direct in what manner the damages
shall be paid or applied, and may direct that the
whole or any part thereof shall be settled for the
benefit of the children (if any) of the marriage, or as a.
provision for the maintenance of the wife.
idee acai 23. A co-respondent may be ordered to pay the
whole or any part of the costs of the proceedings if
adultery with the wife of the petitioner has been
established against him :
Provided that he shall not be ordered to pay the
costs of the petitioner—
(1) If at the time of the adultery he had no
reason to believe the respondent to be a married
woman.
(2) If the respondent was at the time of the
adultery living apart from her husband and leading
the life of a prostitute.
penal peret: 24. In any suit under this Ordinance the wife,
whether or not she has obtained a protection order,
may apply to the Court for alimony pending the suit,
and the Court may thereupon make such order as it
may deem just, provided that alimony pending the
Cuap. 49. ] Marriage and Divorce.
655
suit shall in no case exceed one-fifth of the husband’s
average net income for the three years next preced-
ing the date of the order, and shall continue in the
case of a decree nisi of dissolution or nullity of mar-
riage until the decree is made absolute.
25. (1) On a decree absolute declaring a mar-
riage to be dissolved, or on a decree of judicial sepa-
ration obtained by a wife, the Court may order the
husband to secure to the wife such sum of money as,
having regard to her fortune (if any), to the ability
of the husband, and the conduct of the parties, it
thinks reasonable.
(2) The Court may direct the alimony to be paid
either in a lump sum or in yearly, monthly, or weekly
payments for any period not exceeding the life of the
wife, and for that purpose may cause a proper instru-
ment to be executed by all necessary parties.
(3) The Court may direct the alimony to be paid
either to the wife herself or to a trustee to be
approved on her behalf by the Court, and may impose
such terms and restrictions, and may direct the execu-
tion of such trust deeds as it may think fit, and may
from time to time appoint a new trustee.
26. Where an order has been made for the pay-
ment of alimony, and the husband from any cause
subsequently becomes unable to make such payments,
the Court may discharge or modify, or suspend the
order in whole or in part, and may again revive the
order in whole or in part.
27. When a decree of dissolution of marriage or
of judicial separation is pronounced on account of
adultery by the wife, and the wife is entitled to any
property, the Court may, notwithstanding the exis-
tence of the disability of coverture, order the whole or
any part of such property to be settled for the benefit
of the husband, or of the children of the matriage, or
of both.
Permanent alimony,
Discharge or altera-
tion of order for
alimony,
Settlement of the
wife’s property.
656
Laws of the Uganda Protectorate. [Cuap. 49.
Power to vary settle-
ments.
Powers of the Court
as to settlements,
Custody of children.
Procedure,
Petitions.
28. After a decree absolute of dissolution or of
nullity of marriage, the Court may inquire into the
existence of ante-nuptial or post-nuptial settlements
made on the parties whose marriage is the subject of
the decree, and may make such orders with reference
to the application of the whole or part of the settled
property, whether for the benefit of the husband or
wife or of the children (if any) or of both children and
parents, as seems fit :
Provided that no order for the benefit of the
parents, or either of them, shall be made at the
expense of the children.
29. Where the Court has power to direct any pro-
perty to be settled, or to vary the terms of an existing
settlement, it may appoint trustees to whom such
money shall be paid, and may order the necessary in-
struments to be prepared containing such provisions
as it may think fit, and may order all necessary parties
to execute the same, and may from time to time
appoint new trustees, and may do all such other acts as
it may deem necessary for carrying such directions
into effect.
30. In suits for dissolution of marriage, or for
nullity of marriage, or for judicial separation, the
Court may at any stage of the proceedings, or after.a
decree absolute has been pronounced, make such order
as it thinks fit, and may from time to time vary or
discharge the said orders, with respect to the custody,
maintenance, and education of the minor children of
the marriage, or for placing them under the protec-
tion of the Court.
31. Subject to the provisions herein contained,
all proceedings under this Ordinance shall be regula-
ted by The Code of Civil Procedure.
32. (1) Every petition shall state, as distinctly
as the nature of the case permits, the facts on which
the claim is based, and shall be verified as if it were
a plaint, and may at the hearing be referred to as
evidence.
Cuap. 49. | Marriage and Diwworce.
657
(2) Petitions for dissolution of marriage, or for
nullity of marriage, or for judicial separation, shall
state that there is not any collusion or connivance
between the petitioner and the respondent.
33. Every petition under this Ordinance shall
be served on the party to be affected thereby, either
within or without the Protectorate, in such manner as
the Court may, by general or special order, from time
to time direct :
Provided that the Court may dispense with such
service in case it seems necessary or expedient so to
do.
34. The witnesses in all proceedings shall be
examined orally :
Provided that the parties may verify their res-
pective cases by affidavit, but so that the deponent
may be orally cross-examined and re-examined either
on the application of the other party or by direction
of the Court.
35. On any petition presented by a wife for the
dissolution of her marriage on the ground of adul-
tery coupled with cruelty or desertion without reason-
able excuse, the husband and wife respectively shall
-be competent and compellable to give evidence
relating to such cruelty or desertion.
36. The Court may hear the whole or any part of
proceedings under this Ordinance with closed doors.
_ 37. The Court may adjourn the hearing of any
petition under this Ordinance, and may require fur-
ther evidence thereon.
38. (1) No decree nisi of dissolution or nullity
of marriage shall be made absolute till after the
expiration of six months from the date thereof, or
such longer period as the High Court may by rule
prescribe.
42
Service of petition.
Examination of
witnesses,
Husband and wife
compellahle wit-
nesses.
Sittings in camerd,
Adjournment,
Making decrees nisi
decrees absolute,
658
Laws of the Uyanda Protectorate. [Cuap. 49.
Enforcement of
orders.
Appeals,
(2) During that period any person may show
cause why the said decree should not be made absolute
by reason of the same having been obtained by col-
lusion, or by reason of material facts not being
brought before the Court.
(3) On cause being so shown the Court shall make
the decree absolute, or reverse the decree nisi, or
require further inquiry, or otherwise deal with the
case as justice may demand.
(4) The Court may order the costs arising from
such cause being shown to be paid by the parties or
such one or more of them, including the wife if she
have separate property, as it thinks fit.
(5) Where a petitioner fails to move within a
reasonable time that the decree nisi be made absolute,
the Court may dismiss the suit.
39. All decrees and orders made by the Court
in proceedings under this Ordinance shall be
enforced, and may be appealed from, as if they were
decrees or orders made by the Court in the exercise of
its original civil jurisdiction.
Provided that in suits for dissolution or nullity
of marriage no respondent or co-respondent not
appearing and defending the suit on the occasion
of the decree nisi being made shall appeal against the
decree being made absolute unless the Court gives
leave to appeal at the time of the decree being made
absolute.
And provided that no appeal from an order
absolute for dissolution or nullity of marriage shall
lie in favour of any party, who, having had time and
opportunity to appeal from the decree nisi, shall not
have appealed therefrom.
And provided that no appeal in any proceedings
under this Ordinance shall lie from the Court of
Appeal for Eastern Africa to His Majesty in Council,
except where an appeal would lie in England from a
similar decision of the Court of Appeal to the House
of Lords.
Cuap. 49. ] Marriage and Divorce.
659
40. When the time limit for appealing against a
decree of dissolution or nullity of marriage shall
have expired, and no appeal has been presented, or
when in the result of any such appeal, any marriage
shall be declared to be dissolved or annulled, but not
sooner, it shall be lawful for the parties thereto to
marry again as if the prior marriage had been dis-
solved by death.
41. Noclergyman in Holy Orders of the Church
of England shall be compelled to solemnise the mar-
riage of any person whose former marriage has been
dissolved on the ground of his or her adultery, or
shall be liable to any suit, penalty, or censure for
solemnising, or refusing to solemnise, such marriage.
42. When a clergyman in Holy Orders or other
minister of religion in charge of any church or chapel
refuses to perform such marriage service between
persons who would, but for such refusal, be entitled to
be married in such church or chapel, he shall permit
any other clergyman in Holy Orders of the Church to
perform the service in such church or chapel.
43. The Court may make Rules of Court with
respect to all matters of procedure under this Ordi-
nance, and may also prescribe the forms to be used
and the fees to be paid in proceedings taken here-
under.
Enacted by the Acting Commissioner for the
Uganda Protectorate.
GEORGE WILSON,
Acting Commissioner.
ENTEBBE,
8TH SEPTEMBER, 1904.
42a
Re-marriage of the
parties,
Clergyman not
bound to marry a
divorced guilty
party.
But must permit
another clergyman,
Rules of Court.
660 Laws of the Uganda Protectorate. [CHap. 49.
RULES.
Mave sy tHe Hich Court unDER Section 43 or THE Divorce Ornpinance, 1904.
1. A summons shall issue in all suits under The Divorce Ordinance, 1904, and
a copy of the petition shall be attached thereto.
2. Service shall be effected in the manner provided for the service of
summonses and notices under The Code of Civil Procedure.
3. The following fees shall be chargeable :—
(1) On a petition for a dissolution or declaration of
nullity of marriage, or for a judicial separation
or restitution of conjugal rights—
(a) In non-native cases ... ar 8 Rs. 75
(6) In native cases ii ee aes » 15
(2) Where a protection order is prayed for—
A fee calculated upon the estimated value of the property
to be protected according to the ordinary scale for civil
actions.
(3) In all other cases the ordinary schedule of fees for civil actions shall
apply.
4. The forms in the schedule to these rules may be used in proceedings under
the Ordinance.
5. These rules may be cited as ‘‘ The Divorce Rules, 1906.”
ENTEBBE, G. F. M. ENNIS,
107TH May, 1906. Wu. MORRIS CARTER,
Approved : Judges.
H. HESKETH BELL,
His Majesty’s Commisstoner.
Cuap. 49. | Marriage and Divorce.
SCHEDULE.
FORM 1.
IN H.M. HIGH COURT OF UGANDA.
Divorce Jurisdiction.
To His Majesty’s High Court of Uganda.
The humble PETITION of
SHOWETH :—
1. That your petitioner at present resides at
in the Uganda Protectorate.
2. That your petitioner professes the Christian religion.
3. That your petitioner was on the day of
lawfully married to the respondent
at the church of at in
the district of in
(a) Such marriage was solemnised under the provisions of the
Ordinance in force in the
Protectorate.
(6) That after the said marriage your petitioner lived and
cohabited with the said at
and at aud that there are issue of the said marriage
children, to wit
(In petitions for the dissolution of marriage, by husband.)
4. That since the solemnisation of the marriage your
petitioner’s wife, on or about the day of and on
other days between that day and at
in the district of in the
Protectorate did commit adultery with or
with some person or with divers persons unknown to your
petitioner.
(In petitions for dissolution of marriage, by wife.)
5. That since the solemnisation of the marriage your peti-
tioner’s husband has changed his profession of Christianity for
the profession of the religion, and,
(2) Has gone through a form of marriage with
661
Residence of
petitioner.
Religion,
Marriage.
Adultery.
Change of faith
with,
Marriage with
another woman,
662 Laws of the Uganda Protectorate. [Cuap. 49.
Or incestuous (6) That on or about the day of .
adultery. and on other days between that day and , the said
at committed
incestuous adultery with a
of your petitioner.
Bigamy with 6. That on the day of at
adultery. in the district of
Marriage with
another woman with
adultery.
Rape.
Sodomy.
Gestiality.
Adultery with
cruelty.
, the ceremony of marriage was duly
performed between the said
and one » your
petitioner his lawful wife being then alive, whereby the said
committed bigamy, and that
from and after the above date, particularly on or about the
day of the said and the
said cohabited and committed adultery
together.
7. That on the day of at
in the district of , the
ceremony of marriage was duly performed between the said
and one
your petitioner his lawful wife being then alive, and that from
and after the above date, particularly on or about the day
of the said
cohabited and committed adultery together.
8. That on the day of at
in the district of the said
committed a rape upon the person of
9. That on the
in the district of
committed the offence of sodomy.
day of at
the said
10. That on the day of at
in the district of the said
committed the offence of bestiality.
11. That on or ssbaunt the
day of and on other
days between that day and the said
at in the district of
committed adultery with or
with some person or with divers persons unknown to your
petitioner ; and,
(a) That the said in or about the month
of at in the district of
did violently assault your petitioner by striking her in the face
with his clenched fists and by knocking her down.
(6) That on the day of
year at as aforesaid the said
violently assaulted your petitioner and dragged her out of bed
by the hair of her head, and kicked her and threatened to kill
her.
in the said
Cuap. 49.] Marriage and Divorce.
663
12. That on or about the day of and
on other days between that day and the said
at in the district
of committed adultery with
or with some person or with divers persons unknown to your
petitioner ; and
(a) That on or about the day of the
said deserted your petitioner without
reasonable excuse, and from that time down to the present, being
for the space of two years and upwards, has continued to desert
your petitioner.
(In petitions for nullity of marriage.)
13. That on the day of at the church of
at in the district of
in the Protectorate of the ceremony of marriage was
performed between the petitioner and
of
14. That the said was at the time of the said
marriage, and has ever since been, wholly unable to consummate
. . fe ti .
the said marriage, by reason of the ™=="=™" and impotence of
> frigidity
his
ner parts of generation.
(a) That the said—“huaue"-and impotence of the said
is wholly incurable by art or skill.
15. That at the time when the said ceremony of marriage
was performed your petitioner was the lawful (or natural)
of the said
16. That on the said day of when the said cere-
mony of marriage was performed in fact between the said
and the said
was, and had for some time been, of
unsound mind, and unable to contract marriage.
17. That on the day of , when the said
ceremony took place between your petitioner and the said
, the 2" of the said
was living, and 2 said marriage with the-respondent had in
no way been annulled or dissolved.
18. That your petitioner was induced to be a party to the said
ceremony of marriage, not of her own free will, but through fear
and terror of the said respondent.
19. That your petitioner was induced to be a party to the
said ceremony of marriage by reason of false representations
fraudulently made to her by the respondent, to the effect
: which representations
your petitioner believed to be true.
Adultery with
desertion,
Marriage.
Impotency.
Consanguinity or
athnity.
Lunacy or idiocy.
Former wife or
husband living.
Force.
Fraud.
664
Laws of the Uganda Protectorate. [Cuap. 49.
Withdrawal from
cohabitation.
Absence of collusion
or connivance.
Damages.
Verification,
(In petitions for judicial separation.)
20. Cruelty, Section 11 (a) and (0) ; Adultery, Section 4 ;
Desertion, Section 12 (a).
(In petitions for the restitution of conjugal rights.)
21. That the said did on the
day of withdraw from cohabitation with your
petitioner, and has ever since, without any just cause, kept and
continued away from her, and has also refused and still refuses
to render her conjugal rights.
(in all above petitions except 21.)
22. That no collusion or connivance exists between myself
and the said
(Claim for damages.)
23. That your petitioner claims from the said
as damages in respect of such adultery the sum of
Your Peririoner therefore humbly prays for a decree :—
1. That the said marriage of your petitioner with the
said may be dissolved.
(a) That the said marriage celebrated as aforesaid
between your petitioner and the respondent is null and void.
(6) That your petitioner may be judicially separated
from the said
(c) That the said do take home and
receive your petitioner as his wife and render her conjugal
rights.
2. That the petitioner may have the custody of the
child or children of fhe said marriage.
3. That the said may be condemned in
such damages as may be awarded in respect of the said
adultery ; that the said damages be applied for the benefit of
your petitioner and of the said children; respectively, of the
said marriage, or otherwise, as may seem meet to the
Honourable Court.
4. That the respondent pay the costs of and incident to
the petition.
5. That your petitioner may have such further and
other relief in the premises as to the Honourable Court may
seem meet.
Entebbe,
19 Petitioner.
I certify that the statements in paragraph
are true to my knowledge, and that the statements in paragraphs
are true to the best of my information and
belief.
Petitioner.
Cuar. 49. ] Marriage and Divorce. 665
FORM 2.
IN HIS MAJESTY’S HIGH COURT OF UGANDA AT ENTEBBE.
Divorce Jurisdiction.
Cause No. or 19
Petitioner.
versus
\ Respondent.
Co-Respondents.
Waepreas the petitioner has petitioned this Court for a decree for
(a copy of which petition is attached
hereto), you are hereby summoned to appear in this Court in person or by agent
on the day of 19 at o’clock in
the noon, or as soon thereafter as the case can be heard, to answer the
above petitioner and for such further orders as the Court may make for the
disposal of the suit. Anp take notice that in default of your so doing the petition
will be heard and determined in your absence.
Judge.
To
FORM 3.
IN HIS MAJESTY’S HIGH COURT OF UGANDA AT ENTEBBE.
Divorce Jurisdiction.
Cause No. oF 19
Petitioner.
versus
f Respondeat.
| Co-Respondents.
THIS cause coming on the day of 19 ;
for hearing before his Honour Judge in the presence of
It 1s ORDERED that unless before the day of 19 ;
appearance is entered in this Court by any person to show cause to the contrary
or intervene the marriage between the parties solemnised at
in on the day of 19
be dissolved.
It 1s FURTHER ORDERED that the
have the custody of the child of the marriage, and that
)
Dated this day of 19
Judge.
666 Laws of the Uganda Protectorate. [CHap. 49.
FORM 4.
IN HIS MAJESTY’S HIGH COURT OF UGANDA AT ENTEBBE.
Divorce Jurisdiction.
Cause No. or 19
Petitioner.
versus
i Respondent.
\ Co-respondents.
Upon the application of the petitioner, and
upon it appearing that no person has applied to show cause to the contrary or
intervene the decree nisi for the dissolution of the marriage solemnised between
the parties on the day of 19 , IS HEREBY
MADE ABSOLUTE.
Dated this dey of 19
Judge.
No. 7 of 1906.
MUHAMMADAN MARRIAGES AND DIVORCES.
It is hereby enacted as follows :—
Short title, 1. This Ordinance may be cited as “ The Uganda
Muhammadan Marriage and Divorce Ordinance,
1906.”
Uganda Mazviage. 2. The Uganda Marriage Ordinance, 1902, and
andNatveMar. The Native Marriage Ordinance, 1903, shall cease té
riage Ordinance,
1903, not toapplyin apply to the celebration of marriages between persons
oe both of whom profess the Muhammadan religion, and
neither of whom is a party to an existing marriage,
under or declared valid by the said Ordinances, with
any person other than a Muhammadan; and every
such marriage celebrated between Muhammadans
before the commencement of this Ordinance shall be,
and shall be deemed to have been from the time of the
celebration thereof, a legal and valid marriage.
‘
Crap. 49.] Marriage and Divorce.
667
3. All marriages between persons professing the
Muhammadan religion, and all divorces from such
marriages celebrated or given according to the rites
and observances of the Muhammadan religion cus-
tomary and usual among the tribe or sect in which the
marriage or divorce takes place, shall be valid and
registered as herein provided.
4. The Commissioner may by order appoint
any person, hereinafter called a registrar, to register
Muhammadan marriages and divorces which have
been effected within certain specified limits; and the
registrar may appoint persons to be deputy registrars
within the said limits, and hereinafter the term regis-
trar shall include a deputy registrar.
5. Every registrar shall keep up the following
register books, which shall be supplied to him by the
Commissioner :— :
Book 1—Register of marriages in the Form (A)
in the schedule hereto.
Book 2—Register of divorces in the Form (B) in
the schedule hereto.
6. Application for registration shall be made
within one month from the date of the marriage or
divorce, before a registrar in the manner and by the
persons following, that is to say—
(1) In the case of a marriage—
By the husband or in the event of his death
before the expiration of one month from the date
of the marriage, by the widow : Provided that if
either party whose duty it is to apply be a minor,
the application shall be made by his lawful guar-
dian, and if the widow be a purdah-nisheen such
application shall be made by her personally or on
her behalf by her duly authorised vakil.
(2) a. In the case of a divorce other than of the
kind known as Khula—
By the man who effected the divorce
18 See notice, 2nd May, 1906, following.
Muhammadan
marriages to be
registered.
Commissioner may
appoint registrars
of Muhammadan
marriages and
divorces.
Registrars to keep
books. ‘
Marriages and
divorces to be
registered.
668
Laws of the Uganda Protectorate. [CHap. 49.
Registrar to make
enquiry.
If satisfied registrar
shall register.
By whom registers
must be signed.
b. Inthe case of a divorce of the kind known
as Khula—
__ By the parties to the divorce jointly : Pro-
vided that if the woman be a purdah-nisheen
such application may be made on her behalf by
her duly authorised vakil.
Nothing in this section shall prevent a woman
(or, if she be a purdah-nisheen, her authorised vakil)
or her guardian applying for the registration of a
marriage or divorce if the man fail to apply, or a
minor from so applying if his guardian fail to apply.
7. On application being made to a registrar for
registration under this Ordinance, and upon the re-
ceipt by him of such fee'’as the Commissioner may by
notice direct, he shall satisfy himself as to whether
or not such marriage or divorce has been effected by
or between the parties, and also as to the identity of
the parties; and, further, in the case of a person
appearing as a guardian or a vakil as to the right of
such person to appear.
8. If the registrar be satisfied on the above
points, and not otherwise, he shall make an entry of
-the marriage or divorce in the appropriate register.
9. The entries in the appropriate registers shall
be signed by the persons following :—
(a) In the case of a marriage—
By the husband and wife or the guardians
or vakil, as the case may be, and by two witnesses
to the marriage.
(b) i. In the case of a divorce other than that
known as Khula—
By the man who has effected the divorce, the
witness who identifies him, and, if the man be of
the Shiah Sect, by two witnesses to the divorce
being effected.
li. In the case of a Khula divorce—
By the man and woman (or by her vakil if
she be a purdah-nisheen), parties to the divorce,
19 See notice 2nd May, 1906, following.
Cuap. 49.] Marriage and Divorce.
669
by the persons identifying the man and woman,
and if the man be of the Shiah Sect, by two wit-
nesses to the divorce being effected.
All the entries in the registers shall be signed
by the registrar.
10. On completion of the registration of any
marriage or divorce the registrar shall deliver free of
charge to each of the parties tothe marriage or divorce
an attested copy of the entry.
11. Every registrar refusing to register a mar-
riage or divorce shall make an order of refusal, and
record his reasons for such order in a book to be kept
for that purpose.
12. An appeal shall lie against an order made by
a registrar under the last preceding section to the
Registrar of Marriages of the district in which the
registration was refused (appointed under The
Uganda Marriage Ordinance, 1902) or to the Regis-
trar-General of Marriages so appointed (hereinafter
called the Registrar-General), and the order made
upon such appeal shall be final, and shall be commu-
nicated to the registrar who has refused to register,
and who shall record it in the book mentioned in the
last preceding section, and in the event of his order
being reversed or altered he shall comply with the
terms of the order.
13. Every registrar shall, at the expiration of
every three months, send certified copies of all entries
made by him during the preceding quarter in the
registers and books, which he is required by this
Ordinance to keep, to the Registrar-General, who
shall file the same in his office.
14, Every registrar shall keep safely such regis-
ters and books until the same shall be filled, and shall
then, or earlier, if he leaves the district or his appoint-
ment be revoked, forward them to the Registrar-
mn or to such other person as the latter may
irect.
Free copies of
entries to parties.
Record of refusals
to register.
Appeals from
refusals.
Quarterly returns,
Safe custody and
retarns of books, &c.
670
Laws of the Uganda Protectorate. [Cuap. 49.
Registers, &c., to be
open for inspection,
and copies to be
obtainable.
Commissioner may
make rules,
Saving clause,
Penalty clause.
Jurisdiction in
divorce cases.
15. The registers, and the copies thereof which
are filed with the Registrar-General, shall be open to
inspection by any person applying to inspect the same,
and copies of any entry or of any certified copy of any
entry shall be given to any person applying for such
copy on the payment of a fee of one rupee.
16. The Commissioner may from time to time
make such rules as he thinks fit for carrying out the
purposes of this Ordinance.
17. Nothing in this Ordinance shall be construed
to—
(a) Render invalid, merely by reason of its
not having been registered, any Muhammadan
marriage or divorce which would otherwise be
valid.
(b) Render valid, by reason of its having
been registered, any such marriage or divorce
which would otherwise be invalid.
(c) Authorise the attendance of any regis-
trar at the celebration of a marriage except at the
request of all the parties concerned.
(zd) Affect the religion or religious rites of
any persons in Uganda.
(e) Prevent any person who is unable to
write from putting his mark instead of the signa-
ture required by this Ordinance.
18. Any person who is required by this Ordi-
nance to apply for registration of a marriage, or
divorce, who shall fail to make such application shall
be liable to imprisonment for a term not exceeding one
month and to a fine not exceeding one hundred rupees.
19. Nothing in The Divorce Ordinance, 1904,
shall authorise the grant of any relief under that
Ordinance where the marriage of the parties has been
declared valid under this Ordinance : Provided that
Cuap. 49.] Marriage and Divorce.
671
nothing herein contained shall prevent any competent
Court from granting relief under Muhammadan law;
and His Majesty’s High Court of Uganda, the Courts
of Session, and any Court to which jurisdiction shall,
by notice, be specially given by the Commissioner shall
have jurisdiction herein.
20. This Ordinance shall commence and come
into operation—
(1) As to registration on the 1st day of June,
1906.
(2) As to all other matters on the publication
hereof in the Gazette.
ENTEBBE, GEORGE WILSON,
6TH APRIL, 1906. Acting Commissioner.
SCHEDULE.
Form A. Boox I.
Commencement,
UNDER “ THE UGANDA MUHAMMADAN MARRIAGE AND DIVORCE
ORDINANCE, 1906.”
1. Consecutive No.
2. Name and tribe of bridegroom
and that of his father, with
their respective residences ...
3. Name and tribe of the bride
and that of her father, with
their respective residences ...
4. Whether the bride is a spin-
ster, a widow, or divorced by a
former husband, and whether
she is adult or otherwise
672
Laws of the Uganda Protectorate.
[Cuap. 49.
5. Name of the guardian of the
10.
Ll.
12.
13.
bridegroom (if the bride-
groom be a minor) and that of
the guardian’s father, with
specification of the guardian’ S
residence, and of the relation-
ship in which he stands to the
bridegroom , he
Name of the guardian of the
bride (if she be a minor) and
that of his father, with speci-
fication of his residence, and
the relationship in which he
stands to the bride ...
Name of the bride’s vakil, and
of his father, and their resi-
dences, with specification of
the relationship in which the
vakil stands to the bride
. Name of the witnesses to the
due authorisation of the
bride’s vakil, with names of
their fathers and residences,
and specification of the rela-
tionship in which mee stand
to the bride 5
. Date on which the marriage
was contracted
Amount of dower
How much of the dower is
Moajjul (prompt) and how
much Mowujjul (deferred) ..
Whether any portion of the
dower was paid at the mo-
ment. Ifso, how much ?
Whether any property was
given in lieu of the whole or
any portion of the dower, with
specification of the same
Cuap. 49.] Marriage and Divorce. 673
14. Special conditions, if any
15. Names of village or town, and
the district in which the mar-
riage took place
16. Name of the person in whose
house the marriage ceremony
took place, and that of his
father ed ene sss
17. Date of registration ...
SCHEDULE.
Form (B) Boox II.
1. Consecutive No.
2. Names and tribe of the hus-
band and his father, and
their residences ne
3. Names and tribe of the wife
and of her father, and their
residences ae sa
4. Date of divorce
5. Description of divorce
6. Manner in which the divorce
was effected
7. Names of the village or town,
and district in which the di-
vorce took place es
8. Name of the party in whose
house the divorce took place,
and of his father
43
674 Laws of the Uganda Protectorate. [Cuap. 49.
9. Names of witnesses to the di-
vorce, if any, the names of
their fathers and their respec-
tive residences :
10. Name of party identifying
the husband before the regis-
trar, and that of his father,
and their residences ...
11. Date of registration ...
12. If the divorce be a Khula, the
following particulars must be
added :—
(a) Amount of dower .
(6b) Whether Khula was acknow-
ledged by the wife in per-
son before the registrar, and,
if so, name of the party
identifying her before the
registrar and that of his
father and that of their
residences, with the specifi-
cation of the relationship
he bears to her, if any
(c) If the Khula be acknow-
ledged before the registrar
by the wife’s vakil, his name
and that of his father, and
their residences, with speci-
fication of the relationship
which the vakil bears to the
wife, if any ae
(zd) Names of the two witnesses
to the due authorisation of
the wife’s vakil, and those of
their fathers, with their res-
idences
CHap. 49.] Marriage and Divorce. 675
NOTICE.
Unver THE Ucanpa Munammapan MarriaGe anD Divorce Orpinance, 1906.
1. I hereby appoint all Collectors to be registrars for the purposes of The
Uganda Muhammadan Marriage and Divorce Ordinance, 1906, within their
respective administrative districts.
The term Collector shall be deemed to include Acting Collectors or Assistant
Collectors in charge of districts or sub-districts.
2. The fee for the registration of a marriage or divorce under the said
Ordinance shall be :—
(a) Where both parties are natives of the Protectorate... One rupee.
(6) In any other case... ite af tes ... Five rupees.
3. The notice dated 6th April, 1906, under the said Ordinance published in
the Official Gazette of 15th April, 1906, is hereby cancelled.
ENTEBBE, H. HESKETH BELL,
2np May, 1906. His Majesty’s Commissioner.
43a
676 Laws of the Uganda Protectorate. [Cuap. 50.
CHAPTER L.
BirtHs AND DEATHS.!
No. 13 of 1904. The Births and Deaths Registration Ordinance, 1904.
No. 13 of 1904.
REGISTRATION OF BIRTHS AND DEATHS.
It is hereby enacted as follows :—
REGISTRATION OF BIRTHS.
fn every distri 1. The Collector of every district shall keep a
register, and shall enter therein every birth of a child
born alive within his district after the commencement
of this Ordinance, whereof the prescribed particu-
lars are reported to him.
Mode of registra-
Modi 2. Every person registering the birth of a child
shall, to the best of his knowledge and ability, give the
prescribed particulars, and shall certify to their cor-
rectness, either by signing, or, if he be illiterate, by
affixing his mark to, the register, or if the registra-
tion is effected without personal attendance, by sign-
ing, or affixing his mark to, the prescribed form on
which the prescribed particulars are reported to the
Collector.
Duty to register 3. In the case of every child born alive after the
ae commencement of this Ordinance, the registration of
whose birth is compulsory, it shall be the duty of the
father and the mother, and in default of the father
and mother, of the occupier of the house in which to
1 As to forging registers of births and deaths, see Section 466 of The Penal Goda.
As to offences relating to births, see Sections 312 to 318 of The Penal Code.
Cuap. 50.] Births and Deaths.
677
his knowledge such child is born, and of each person
present at the birth, and of the person having charge
of such child, to register the birth within three
months of the birth.
4. No person shall be bound as father to register
the birth of an illegitimate child, and no person shall
be entered in the register as the father of such child
except at his own request, and upon his acknowledg-
ing himself to be the father of the child and signing,
or affixing his mark to, the register as such.
5. The Collector shall not enter in the register the
birth of any child after six months from the date
of the birth, except that, where the registration
of the birth of any child is compulsory, the Col-
lector shall enter the birth upon receiving the written
authority of the Registrar and upon payment of the
prescribed fee.
6. If any living new-born child, the registration
of whose birth is compulsory, is found exposed, it
shall be the duty of any person finding such child,
and of any person in whose charge such child may be
placed, to give such information as the informant
possesses for the purpose of registering such birth.
7. Where the birth of any child has been regis-
tered before it has received a name, or the name by
which it was registered is altered, the parent or
guardian of such child may within two years of the
registration, on payment of the prescribed fee, and
on providing such evidence as the Collector may think
necessary, register the name that has been given to
the child.
REGISTRATION OF DEATHS.
8. The Collector of every district shall keep a
register, and shall enter therein every death occurring
within his district after the commencement of this
Ordinance whereof the prescribed particulars are
reported to him.
Illegitimate child.
Period for registra-
tion.
Exposed child.
Change of name.
Register to be kept
in every district.
678
Laws of the Uganda Protectorate. [Cuap. 50.
Mode of registra-
tion.
Duty to register
deaths,
Period for regis-
tration,
Appointment and
duties of Registrar.
9. Every person registering a death shall, to the
best of his knowledge and ability, give the prescribed
particulars, and shall certify to their correctness
either by signing, or, if he be illiterate, by affixing his
mark to, the register, or if the registration be effected
without personal attendance, by signing or affixing
his mark to the prescribed form on which the pre-
scribed particulars are reported to the Collector.
10. In the case of every person dying after the
commencement of this Ordinance, the registration of
whose death is compulsory, it shall be the duty of the
nearest relatives of such person who were present at
his death or in attendance during his last illness, and
in default of such relatives, of every other relative
dwelling within the district, and in default of such
relatives, of each person present at the death, and of
the occupier of the house in which to his knowledge
such death took place; and in default of the persons
hereinbefore mentioned, of any inmate of the house,
or of any person finding or taking charge of the body
of such person, or causing such person to be buried, to
register the death within one month after the death or
finding of the body, or where the Collector is satisfied
that from any cause registration could not be effected
within the said period, and that no undue delay has
taken place, within three months after the death or
finding of the body.
11. The Collector shall not enter in the register a
death more than six months after the date of the
death, except that where the registration of such
death is compulsory the Collector shall enter it upon
receiving the written authority of the Registrar, and
upon payment of the prescribed fee.
Tue REGISTRAR.
12. (1) The Commissioner shall appoint a
Registrar-General of births and deaths for the Pro-
tectorate, herein called “the Registrar.”
(2) It shall be the duty of the Registrar to com-
pile, after the close of each year, a summary of the
births and deaths of such year and a report on the
Cuap. 50.] Births and Deaths.
679
increase or decrease of the population of the Protec-
torate, and on any special causes appearing to affect
the same.
(3) The Registrar shall have the custody of all
filled register books and of all quarterly returns made
by the Collector of a district.
(4) It shall be the duty of the Registrar to pro-
vide the Collector of a district with such book and
forms as may be required, and with such instructions
as he may consider necessary, for the registration of
births and deaths in his district.
13. The Collector shall forward to the Registrar
a quarterly return in:the prescribed form, showing
the siths and deaths registered in his district during
such quarter, and shall also forward to him all regis-
ters so soon as the space in the same available for
registrations has become exhausted.
14. (1) The Registrar shall cause to be pre-
pared from the returns made to him alphabetical
indexes of the births and deaths registered.
(2) Any register, return, or index in the custody
of the Registrar shall, on payment of the prescribed
fee, be open to inspection, subject to such regulations
as the Commissioner may by rule prescribe.
(3) The Registrar shall, on payment of the pre-
scribed fee, furnish a certified copy of any entry in
any register or any return in his custody.
(4) The copy of any entry in any register or
‘return certified under the hand of the Registrar to be
a correct copy shall be prima facie evidence in all
Courts of the dates and facts therein contained.
15. (1) The Registrar may, subject to regulations
to be approved by the Commissioner, correct any error
in any register or index.
(2) Corrections shall be made without erasing
the original entry, and shall be authenticated by the
signature of the Registrar.
Quarterly returns,
Indexes, searches,
certified copies.
Correction of errors.
680
Laws of the Uganda Protectorate. [Cuap. 50.
Compulsory regis-
tration.
Extension of
compulsory
registration.
Substitution of
other officers for
Collectors.
Penalties.
Rules.
GENERAL.
16. (1) The registration of the birth of a child
shall be compulsory if either one or both parents are
of European or American origin or descent, or, in the
case of an illegitimate child not recognised by its
father, if the mother is of European or American
origin or descent.
(2) The Commissioner may, by order published
in the Gazette, extend from a date to be named in the
order, the provisions of this Ordinance relating to
compulsory registration of births and deaths to all
persons in the Protectorate of any particular race,
class, tribe, or other group, or to all or some of the
inhabitants of any particular town, district, or other
area, and from and after the said date the registra-
tion of births and deaths shall, in such cases, be com-
pulsory instead of being optional.”
17. The Commissioner may direct that the duties
of the Collector of any district under this Ordinance
shall, in that district, be performed by any other
public officer of the Protectorate.
18. Any person who, being under an obligation
to register the birth or death of any person, fails so
to do within the prescribed period, or refuses to state
any of the prescribed particulars, or any person who
wilfully gives any false information or particulars
for the purpose of registration, shall be guilty of an
offence, and shall be liable to a fine not exceeding 100
rupees, or to a month’s imprisonment of either kind,
or to both.
19. The Commissioner may make rules with
regard to the following matters, and generally for
carrying into effect the provisions of this Ordi-
nance :—
(1) The place in each district and the hours at
which births and deaths may be registered.
? See order of the 10th October, 1906, following.
» Cua. 50.] Births and Deaths.
681
- (2) The conditions under which, and the mode in
which, registration may be effected without personal
attendance.
(3) The forms of all registers, returns, and other
documents required for the purposes of this Ordi-
nance.
(4) The amount of any fee where a fee is pre-
scribed by this Ordinance.
(5) The inspection of registers, returns, and
indexes, and the provision of certified copies.
(6) The places at which births and deaths occur-
ring on board ships while within the territorial waters
of the Protectorate shall be registered.
>
20. In this Ordinance “ prescribed particulars’
means :—-
(1) As to any birth, the sex, name, date, and place
of birth, the names, residence, occupations, and
nationality of the parents, and such other particulars
as the Commissioner may by rule prescribe.
(2) As to any death, the name, age, sex, residence,
occupation, and nationality of the deceased, and the
date, place, and cause of death, and such other par-
ticulars as the Commissioner may by rule prescribe.
21. This Ordinance may be cited as “ The Births
and Deaths Registration Ordinance, 1904,” and shall
come into force—
_ (1) As to the making of appointments and the
issue of rules and instructions immediately.
(2) As to all other matters from a date to be
named by the Commissioner and published in the
Gazette.’
J. HAYES SADLER,
His Majesty's Commissioner.
ENTEBBE,
10TH AuGust, 1904.
* The Ordinance came into force on Ist January, 1905; see notice 8th Dev.
1904, following. :
Definitions,
Short title and
commencement,
682
Place of regis- -
tration.
Time for registra-
tion.
Books registers,
form of,
Form of quarterly
returns,
Registration with-
out personal
attendance.
Fees.
Inspection of
registers, &c.
Certified copies.
Laws of the Uganda Protectorate. [Cuar. 50.
RULES.
Unver Tue Birtus anp Deatrus REGISTRATION ORnDINANCE, 1904.
1. The Registration of Births and Deaths under this Ordi-
nance shall be effected at the headquarters of each district in the
office of the Collector.
2. The hours for registration shall be the usual office hours
of the Collector of the district.
3. (a) Books shall be kept by Collectors for the registration
of Births and Deaths. The Register of Births shall be in the
Form A in the first schedule hereto, and the Register of Deaths
shall be in the Form B in the said schedule, and registers shall
contain the particulars therein set forth.
(b) The quarterly returns of Births and Deaths shall be
sent in to the Registrar in the Forms C and D respectively in the
first schedule hereto.
4. Where a person whose duty it is to give information of a
birth or death cannot conveniently attend the office of the
Collector, he may send a declaration—
(a) In the case of a birth, in Form E in the first schedule
hereto ;
(b) In the case of a death, in Form F in the said
schedule, giving his name, description, and place of abode
and the prescribed particulars. The Collector shall then
certify these particulars in the register, and shall then sign
the register and shall preserve the declaration forwarded to
him, provided that it shall-be lawful for the Registrar to
require by notice in writing the declarant to attend, within
a reasonable time to be specified in the notice, at the Collec-
tor’s office, and to supply such other information as may be
required by such Collector.
5. The fees to be levied and paid under the Ordinance shall
be the fees set forth in the second schedule hereto.
6. Every person shall be entitled, upon giving 24 hours’
notice to the Registrar, and upon payment of the fees set forth
in the second schedule hereto, to search the index to and inspect
any entry in any register or return in the custody of the Registrar
and to have a certified copy under the hand of that officer of any
such entry.
7. Every such certified copy or certificate shall be an exact
copy of the entry in the register or return with a certificate at the
foot in the Form G in the first schedule and shall be signed by the
Registrar.
Cuap. 50.] Births and Deaths.
683
8. (1) (@) Any clerical error in a register shall, if observed
at the time of making the entry, be then corrected by the Collec-
tor, who shall sign the correction, and—
(5) If observed subsequently shall thereupon be corrected
by the Collector, who shall insert in the margin the date of the
correction and sign the same, and shall immediately thereupon
send a special report of such correction to the Registrar.
(c) Any error of fact in a register shall, when discovered,
be reported to the Registrar, and shall not be corrected by the
Collector until he has received the written authority of the
Registrar. The report sent by the Collector shall contain certified
copies of the declarations, setting forth the nature of the error
and the true facts of the case, made, if possible, by two persons
required by the Ordinance to give information concerning the
birth or death with reference to which the error has been made,
or, in default of such persons, by two credible persons having
knowledge of the truth of the case; any information available
shall also be forwarded with the report. The Registrar, upon
being satisfied that the entry is erroneous, shall give his written
authority to the Collector to correct the same, and the error shall
be corrected upon the party who is responsible for the error
paying the fee prescribed in the second schedule hereto. When
the correction has been made the Collector shall thereupon send
a certified copy of the amended entry to the Registrar, who shall
file the same and amend any return in his custody of the entry
thus amended. The Collector shall make a note in the margin
of the circumstances under which. the correction is made, with
the date thereof ; this note shall be signed by the persons, if any,
supplying the information upon which it is made, and also by
the Collector, who shall then rule one clear line through the
erroneous entry, but so that such entry shall remain legible.
(2) (a) Any clerical error in an index, return or register
in the custody of the Registrar shall be corrected by him and
shall be authenticated by his signature.
(0) Any error of fact in a register or return in the custody
of the Registrar shall be corrected by him upon his being satisfied
by evidence of a similar nature to that specified in paragraph
(1) (¢) of this rule that the entry is erroneous, and upon payment
of the prescribed fee. Where an error in a return has been cor-
rected by the Registrar prior to the register from which it is
taken having been sent in to him, he shall order in writing the
Collector from whom the return comes to correct the entry in his
register and to notify the Registrar when the correction has been
made.
9. Births and deaths occurring on board ships while within
the territorial waters of the Protectorate shall be registered at
the Registry Office which shall be nearest to the place where the
birth or death took place, or at the nearest Registry Office to the
port in the Protectorate at which the ship shall first touch after
such birth or death has occurred.
ENTEBBE, GEORGE WILSON,
8rH DecemBeER, 1904. Acting Commissioner.
Correction of errors,
Place of registration
where birth or death
occurs upon ships in
territorial waters.
684
Laws of the Uganda Protectorate.
[Cuap. 50.
SCHEDULE I,
Form A.
Page
in the Uganda Protectorate.
Births in the District of
“UT
Jo = WoLyBaysrsoy
To}Fe papps FL oulUN
“129TO
PUpsIg FO erngeusig
“poreystser WET AA
“yUBULIOJUT JO
soUepIsey pus wer}
-dizoseq ‘aanyeusig
*syuoIeg
fo Aqrpeuorqe N
“TOUOTL
Jo owmeuang
UspIey, puv suey
“TOUTE JO
auIvUING pus olUeN
*xag
“Aue Jr owen
“UNI Fo eel
“Ware FO oye
‘on
SCHEDULE I.
Form B.
Page
in the Uganda Protectorate.
Deaths in the District of
"10409
-JoQ Jo eanyeusig
‘pereystSe1 WOT MA
‘yueUlLoyUy jo
soueplsayy pus uot}
-dioseq ‘eanjeusig
“yyeaq, jo asneg
“Aypeuorye NT
“MOSSaTOLY 10 YULy
“aOUOPISEIT
‘OSV
*xeg
“OWVUING PUL OULUN
"yyoog, Jo eovyg
“YpVa Fo oye
“ON
685
Births and Deaths.
*Cuap. 50.]
I @TNAdCa Hos
’ 6L yo Sep sty} [ees puv puvy Aut ssouqr Ay
: pepue
Joqzenb 94} IOf 4OTAYSTP aaoge oy4 Ur pareystSea steep [ye Jo £14u9 943 Jo Adoo ve sutequoo Hy Net Pa ‘ON jo
yeep ey} Jo A1W,u9 oy} 07 “ON Jo yyRop oYy Jo AQUOS OY} Wo; QOLTASIP pres ol[} UNTILA syyVeq Jo Yoo SEIS
ayy yo Adoo ona est sty. 9°U9 AAILUAO AGUUAH Od JO JOLSICG. 94} IOZ 10J9T[OD T
|
7 t
| |
aoconeg | at |e, | wea | cuemogey| POA | oy | soy | comms | wea am |
jo eInjeusiIg wey. | -drxosocy ‘amyeusig | 7° esney : : Io yuRy ey. 8 pus swe JO o0vTd - 24, ae NX
"2IDL0}I004g opunbs oy wr fO PUsig ey, ur syyoog I
: Pepue IojTeNe oy} OJ JO QOLLSICE OY} UL SYJVaG] Jo T.IN4ey]
‘qd KNuog abv
‘I. €@TOdaHOS
* 6T jo Sep ST} [ees pue puvy AUT ssouqT AA
: poepue
Joqrenb aq} 1OJ JOLIYSTp eAoqe otf} UI patoqsi#er syyatq [pe Jo Aayua oy Jo Adoo ayy sureyuoo 41 4eq} pu ‘ON jo
ysatq on} Jo Argue oy} 07 | “ON JO Yqatq ey} jo Aazua of] WoIy “Qorystq? pres oy} UIYIIA stag Jo Yoog SPO
-oyy Jo Adoo onay e st sty 9%q3 AAILUAO ATAUYAH Od JO JOLTISICT OT} AJ 10999T/0H ‘T
|
|
| |
peu | | he
“yqaIg, Jo “190TGO "porey “‘yueUIIOJUT Jo “ByUIIVg “OTOP FO “OTB T : .
comune ioqye [joLysIq fo| -stdex | soueprisoy pave uly jo oWBUIMS Uaprepy | fo owevuMg “xOy | . we a Tre (hd ‘ON
poppe qtfomeny jomnpeusig | usyM | -drroseq ‘eanjeustg | AyipeuorjeN pus oueny pur oulen | SUN FO 90% jo ore :
"29010700104 wpunby oy wi fO POUISIGE 9Y7 UWL sYRNg T
: pepus soqrenty oy 10F JO WOLYSIC( 94} UI syyAIg Jo TaANQoIy
‘OO KOT abug
686 Laws of the Uganda Protectorate. [CHap. 50..
SCHEDULE TI.
Form E.
DECLARATION OF BiRtTH.
I [name, occupation, residence and in what capacity he gives information]
hereby declare that on the [date] at [place of birth], there was born alive a
[male or female] child [name], whose mother’s name is [name, maiden name, and
nationality of mother], and whose father’s name is [name, occupation, residence
and nationality of father] and I subscribe this declaration on this . day
of , in the year at » verily
believing the same to be true.
Signature of Declarant.
Subscribed in the presence of
1. [Name of witness] living at [residence]
Signature of witness.
2. [Name of witness] living at [residence]
Signature of witness.
SCHEDULE I.
Form F.
DECLARATION OF DEATH.
tion and residence
of declarant, and
in what capacity
he gives informa-
When and where
tion.
died.
Name in full.
Occupation and
Nationality.
Cause of Death.
Full name, occupa-
Sex
Age.
I do hereby declare the above to be a true and correct statement.
Witness my hand at this day of 19
Signature.
Subscribed in the presence of
1. Witness.
2. Witness.
Cuap. 50.] Births and Deaths. 687
SCHEDULE I.
Form G.
I the
Registrar-General of Births and Deaths for the Uganda Protectorate do hereby
certify that this is a true copy of the entry in the register (or return) of births
(or deaths) for the district of relating to the birth (or
death) of
Witness my hand this day of 19
Registrar-General of Births and Deaths.
SCHEDULE II.
(1) For the registration of the birth of one child after six months
from the date of such birth ... Rs. 5
(2) For the registration of the name or alteration in the name of
any child whose birth has been previously registered .. Rs. 5
(3) For the registration of a death more than six months after the
date of such death i “8 nes ees _ .» Rs. 5
(4) For the inspection of any i return or index in the custody
of the Registrar ... to ses sie ae .. Rs. 2
(5) For a certified copy of any ones in r anty en or return in the
custody of the Registrar .. : : ists es . Rs. 5
(6) For any correction of an error of fact or any alteration other
than as provided for by Fee No.2... i ate . Rs. &
688 Laws of the Uganda Protectorate. [Cuap. 50.
ORDER.
Unver Tue Brrtus anp DeatHs REGISTRATION ORDINANCE, 1904.
In pursuance of the powers conferred upon me by The Births and Deaths
Registration Ordinance, 1904, I hereby extend the provisions of the said Ordinance
relating to the compulsory registration of deaths to all persons of European,
American or Asiatic origin or extraction within the Uganda Protectorate, and I
hereby order that the death of every person of European, American or Asiatic
origin or extraction occurring within the Uganda Protectorate after 1st January,
1907, shall be registered in accordance with the provisions of the aforesaid
Ordinance and of any rules made thereunder.
ENTEBBE, H. HESKETH BELL,
107TH Octoser, 1906. His Majesty's Commissioner.
NOTICE.
Unver THE Birtus aND DEATHS REGISTRATION ORDINANCE, 1904.
The Births and Deaths Registration Ordinance, 1904, shall come into force
on the Ist day of January, 1905.
ENTEBBE, GEORGE WILSON,
8TH December, 1904. Acting Commissioner.
Cuap. 51.] Succession. 689
CHAPTER LI.
SUCCESSION.?
[Section 51? of The Conveyancing (Scotland) Act, 1874, is applied to the
Protectorate by virtue of Article 13 of The Uganda Order in Council, 1902; and by
virtue of Section 30 of The Regimental Debts Act, 1893,> that Act applies to the
Protectorate. | :
No, 1 of 1906. The Uganda Succession Ordinance, 1906.
No. 1 of 1906.*
INTESTATE AND TESTAMENTARY SUCCESSION.
ARRANGEMENT OF SECTIONS.
PART I.
PRELIMINARY.
SEcTIONS.
1. Short title.
2. Ordinance to constitute law of Uganda in cases of intestate or testamentary
succession.
Interpretation clause.
Interests and powers not acquired nor lost by marriage.
m bo
PART II.
Or Domicite.
Law regulating succession to deceased persons’ immovable and movable
property respectively.
6. One domicile only affects succession to movable property.
7. Domicile of origin of person of legitimate birth.
8. Domicile of origin of illegitimate child.
ao
1 As to the wills and the distribution of estates of military non-commissioned officers and
privates, see Part IV. of the King’s African Rifles Ordinance, 1902, page 854; of police non-
commissioned officers and constables, see Sections 98-105 of The Uganda Police Ordinance, 1908,
page 201.
? This section, read with the modifications in The U.O.C., 1902, makes probate issued by the
pee Court equivalent to the will or an extract for the purpose of completing title to land in
eotland.
3 Section 14 of this Act, read with Sections 29 and 80, and The K.A.R. Ordinance, 1902, restricts
the interpositios of the Administrator-General with regard to the estates of persons dying while
subject to military law but not to the provisions of Part IV. of The K.A.R. Ordinance, 1902,
relating to wills and distribution of property.
4 This Ordinance does not apply to natives of the Protectorate ; see Order of the 22nd January>
1906, following, page 814,
44
690
?
Laws of the Uganda Protectorate. [Cuap. 51.
SECTIONS.
9.
10.
ll.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
35.
37.
38.
39.
40.
41.
42.
Continuance of domicile of origin.
Acquisition of new domicile.
Special mode of acquiring domicile in Uganda.
Domicile not acquired by residence as representative of foreign Government,
or as part of his family.
Continuance of new domicile.
Minor’s domicile.
Domicile acquired by woman on marriage.
Wite’s domicile during marriage.
Minor’s acquisition of new domicile.
Lunatic’s acquisition of new domicile.
Succession to movable property in Uganda, in absence of proof of domicile
elsewhere.
PART III.
Or CoNSANGUINITY.
Kindred or consanguinity.
Lineal consanguinity.
Collateral consanguinity.
Persons held for purpose of succession to be similarly related to deceased.
Mode of computing degrees of kindred.
PART IV.
Or InrTEstacy.
As to what property deceased considered to have died intestate.
Devolution of such property. .
Where intestate has left widow and lineal descendants, or widow or kindred
only, or widow and no kindred.
Where intestate has left no widow, and where he has left no kindred.
PART V.
Or rar Distripution or AN INTESTATE’s PROPERTY.
(a) Where he has left Lineal Descendants.
Rules of distribution.
Where intestate has left child or children only.
Where intestate has left no child, but grandchild or grandchildren.
Where intestate has left only great-grandchildren or remoter lineal descendants.
Where intestate leaves lineal descendants not all in same degree of kindred to
him, and those through whom the more remote descend are dead.
(b) Where the intestate has left no Lineal Descendants.
Rules of distribution where intestate has left no lineal descendants.
Where intestate’s father living.
Where intestate’s father dead, but his mother, brothers and sisters living.
Where intestate’s father dead, and his mother, a brother, or sister, and
children of any deceased brother or sister living. :
Where intestate’s father dead, and his mother and children of any deceased
brother or sister living.
Where intestate’s father dead, but his mother living, and no brother, sister,
nephew or niece.
Where intestate has left neither lineal descendant nor father nor mother.
Where intestate has left neither lineal descendant nor parent nor brother
nor sister.
Children’s advancements not to be brought into hotchpot.
Cuap. 51.] Succession. 691
PART VI.
Or tar Errect or Marriacr AND MARRIAGE-SETTLEMENTS ON PROPERTY.
SECTIONS.
43. Rights of widower and widow respectively.
44, Effect of marriage between person domiciled and one not domiciled in Uganda.
45. Settlement of minor’s property in contemplation of marriage.
PART VII.
Or Wits anp Copicizs.
46. Persons capable of making wills.
47. Testamentary guardian.
48. Will obtained by fraud, coercion, or importunity.
49. Will may be revoked or altered.
PART VIII.
Or toe Execution or UNpPRIVILEGED WILLS.
50. Execution of unprivileged will.
51. Incorporation of papers by reference.
PART IX.
Or PrivitecEeD WILLS.
52. Privileged will.
58. Mode of making, and rules for executing privileged wills.
PART X.
Or tHE Arrestation, Revocation, ALTERATION AND RevivaL or WILLS.
54. Effect of gift to attesting witness.
55. Witness not disqualified by interest or by being executor.
56. Revocation of will by testator’s marriage.
Power of appointment defined.
57. Revocation of unprivileged will or codicil.
58. Uffect of obliteration, interlineation, cr alteration in unprivileged will.
59. Revocation of privileged will or codicil.
60. Revival of unprivileged will.
Extent of revival of will or codicil partly revoked and afterwards wholly
revoked.
PART XI.
Or tHE CoNSTRUCTION OF WILLS.
61. Wording of will. : .
62. Inquiries to determine questions as to object or subject of will.
63. Misnomer or misdescription of object.
64. When words may be supplied. ; ;
65. Rejection of erroneous particulars in description of subject.
66. When part of description may not be rejected as erroneous.
67. Extrinsic evidence admissible in case of patent ambiguity. :
68. Extrinsic evidence inadmissible in cases of patent ambiguity or deficiency.
69. Meaning of clause to be collected from entire will. . .
70. When words may be understood in restricted sense, and when in sense wider
than usual.
692
Laws of the Uganda Protectorate. [CHap. 51
SECTIONS.
71.
ry
(a.
73.
v4.
91.
92.
93.
D4.
95.
96.
97.
98.
99.
100.
101.
102.
103.
104.
105.
106.
107.
108.
109.
110.
Which of two possible constructions preferred.
No part rejected if it can be reasonably construed.
Interpretation of words repeated in different parts of the will.
Testator’s intention to be effectuated as far as possible.
The last of two inconsistent clauses prevails.
Will or bequest void for uncertainty.
Bee deseribing subject refer to property answering description at testator’s
eath.
Power of appointment executed by general request.
Implied gift to objects of power in default of appointment.
Bequest to ‘‘ heirs,’ etce., of particular person without qualifying terms.
Bequest to ‘‘ representatives,’ etc., of particular person.
Bequest without words of limitation.
Bequest in alternative.
Effect of words describing a class added tc bequest to a person.
Bequest to class of persons under general description only.
Construction of terms.
Words expressing relationship denote only legitimate relatives, or, failing
such, relatives reputed legitimate.
Rules of construction where will purports to make two bequests to same
person.
Constitution of residuary legatee.
Property to which residuary legatee entitled.
Time of vesting of legacy in general terms.
In what case legacy lapses.
Legacy does not lapse if one or two joint legatees die before testator.
Effect of words showing testator’s intention to give distinct shares.
When lapsed share goes as undisposed of.
When bequest to testator’s child or lineal descendant does not lapse on his
death in testator’s lifetime.
Bequest to A for benefit of B does not lapse by A’s death.
Survivorship in case of bequest to described class.
PART XII.
Or Vorp Bequests.
Bequest to person by particular description, who is not in existence at
testator’s death.
Bequest to person not in existence at testator’s death, subject to prior bequest.
Rule against perpetuity.
Bequest to a class, some of whom may come under rules in Sections 100
and 101.
Bequest to take effect on failure of bequest void under Section 100, 101,
or 102.
Effect of direction for accumulation.
Bequest to religious or charitable uses.
PART XIII.
Or tHe Vestine or LEGACIES.
Date of vesting of legacy when payment or possession postponed.
Date of vesting when legacy contingent upon specified uncertain event.
Vesting of interest in bequest to such members of a class as shall have attained
particular age.
PART XIV.
Or Onerovus Brouvssts.
Onerous bequest. 3
One of two separate and independent bequests to same person may be
accepted, and the other ref ‘used.
CHAP.
51.] Succession. 693
PART XV.
Or Contingent BEQuEsts.
SECTIONS.
ill.
112.
113.
114.
115.
116.
117.
118.
119.
120.
121.
122.
123.
124.
128.
129.
130.
131.
132.
133.
134.
135.
136.
Bequest contingent upon specified uncertain event, no time being mentioned
for its occurrence.
Bequest to such of certain persons as shal] be surviving at some period not
specified.
PART XVI.
Or ConpitTionat BEQqugsts.
Bequest upon impossible condition.
Bequest upon illegal or immoral condition.
Fulfilment of condition precedent to vesting legacy.
Bequest to A and, on failure of prior bequest, to B.
‘When second bequest not to take effect on failure of first.
Bequest over, conditional upon happening or not happening of specified
uncertain event.
Condition must be strictly fulfilled.
Original bequest not affected by invalidity of second.
Bequest conditional that it shall cease to have effect in case specified uncertain
event shall happen or not happen.
Such condition must not be invalid under Section 107.
Result of legatee rendering impossible or indefinitely postponing act for which
no time specified, and on non-performance of which subject-matter to
go over.
Performance of condition, precedent or subsequent, within specified time.
Further time in case of fraud. :
PART XVII.
Or Bequests with Directions as 10 APPLICATION orn ENJOYMENT.
Direction that fund be employed in particular manner following absolute
bequest of same to or for benefit of any person.
Direction that mode of enjoyment of absolute bequest is to be restricted to
secure specified benefit for legatee.
Bequest of fund for certain purposes, some of which cannot be fulfilled.
PART XVIII.
Or Bequest To AN Executor.
Legatee named as executor cannot take unless he shows intention to act as
-executor.
PART XIX.
Or Sprecrric LEGACIES.
Specific legacy defined.
Bequest of sum certain where stocks, etc., in which invested are described.
Bequest of stock where testator had, at the date of will, equal or greater
samount of stock of same kind.
Bequest of money where not payable until part of testator’s property disposed
of in certain way.
When enumerated articles not deemed specifically bequeathed.
Retention, in form, of specific bequest to several persons in succession.
Sale and investment of proceeds of property bequeathed to two or more
persons in succession.
Where deficiency of assets to pay legacies, specific legacy not to abate with
general legacies.
694
Laws of the Uganda Protectorate. |Cuap. 51.
PART XX.
Or Demonstrative Leeacizs.
SECTIONS.
137.
138.
139.
140.
141.
142.
143.
144,
145.
146.
147.
148.
149.
151.
152.
153.
Demonstrative legacy defined.
Order of payment when legacy directed to be paid out of fund the subject
of specific legacy.
PART XXI.
Or ADEMPTION oF LEGACIES.
Ademption explained.
Non-ademption of demonstrative legacy.
Ademption of specific bequest of right to receive something from third party.
Ademption pro tanto by testator’s receipt of part of entire thing specifically
bequeathed.
Ademption pro tanto by testator’s receipt of portion of entire fund of which
portion has been specifically bequeathed.
Order of payment where portion of fund specifically bequeathed to one legatee,
and legacy charged on same fund to another, and, testator having received
portion of that fund, remainder insuffitient to pay both legacies.
adenpien where stock, specifically bequeathed, does not exist at testator’s
eath.
Ademption pro tanto where stock, specifically bequeathed, exists in part only
at testator’s death.
Non-ademption of specific bequest of goods described as connected with certain
place by reason of removal.
When removal of thing bequeathed does not constitute ademption.
When thing bequeathed is a valuable to be received by testator from third
person; and testator himself or his representative receives it.
Change by operation of law of subject of specific bequest between date of will
and testator’s death.
Change of subject without testator’s knowledge.
Stock specifically bequeathed, lent to third party on condition that it be
replaced.
Btook apentfically bequeathed, sold but replaced and belonging to testator at
his death.
PART XXII.
Or tHe Paymunt or LIABILITIES IN RESPECT OF THE Supsect or a Bequest.
154.
155.
156.
157.
158.
Non-liability of executor to exonerate specific legatees.
Completion of testator’s title to things bequeathed to be at cost of his estate.
Exoneration of legatee’s immovable property for which land-revenue or rent
payable periodically.
Exoneration of specific legatee’s stock in Joint Stock Company.
PART XXIII.
Or BEQurEst OF THINGS DESCRIBED IN GENERAL TERMS.
Bequest of things described in general terms.
PART XXIV.
Or Bequrst or THE INTERESTS OR Propucz or A Funn.
Bequest of interest or produce of a fund.
CHAP.
‘
51.] Succession. 695
PART XXV.
Or Brqurst or ANNUITIES.
SECTIONS.
160.
161.
162.
163.
164.
165.
166.
167.
168.
169.
170.
171.
172.
173.
174.
175.
176.
177.
178.
179.
180.
181.
182.
183.
184.
185.
186.
by will.
Period of vesting where will directs that annuity be provided out of proceeds
of property, or out of property generally, or where money bequeathed to be
invested in purchase of annuity.
Abatement of annuity.
Where gift of annuity, and residuary gift, whole annuity to be first satisfied.
Annuity created by will payable for life only, unless contrary intention appears
PART XXVI.
Or Lecacies to CREDITORS AND PoRTIONERS.
Creditor primd facie entitled to legacy as well as debt.
Child primd facie entitled to legacy as well as portion.
No ademption by subsequent provision for legatee.
PART XXVII.
Or ELectrion.
Circumstances in which election takes place.
Devolution of interest relinquished by owner.
Testator’s belief as to his ownership immaterial.
Bequest for man’s benefit how regarded for purpose of election.
Person deriving benefit indirectly not put to election.
Person taking in individual capacity under will may, in other character, elect
to take in opposition.
When acceulsnse of benefit given by will constitutes election to take under
will.
Presumption arising from enjoyment by legatee for two years.
Confirmation of bequest by act of legatee. ;
When testator’s representatives may call upon legatee to elect.
Effect of non-compliance.
Postponement of election in case of disability.
PART XXVIII.
Or Girts 1n ContTeEMPLATION or DgEatu.
Property transferable by gift made in contemplation of death.
Such gift resumable.
When it fails.
PART XXIX.
Or Grant or Propatr anp Lerrers or ADMINISTRATION,
Character and property of executor or administrator as such.
Administration with copy annexed of authenticated copy of will proved abroad.
Probate only to appointed executor.
Appointment express or implied.
Persons to whom probate cannot be granted.
Grant of probate to several executors simultaneously or at different times.
Separate probate of codicil discovered after grant of probate.
. Procedure when different executors appointed by codicil.
Accrual of representation to surviving executor.
696
Laws of the Uganda Protectorate. [Cuap. 51.
SECTIONS.
187. Right as executor or legatee when established.
188. Eftect of probate.
189. To whom administration may not be granted.
190. Right to intestate’s property when established.
191. Effect of letters of administration.
192. Acts not validated by administration.
193. Grant of administration where executor has not renounced.
Exception.
194. Form and effect of renunciation of executorship.
195. Procedure where executor renounces or fails to accept within time limited.
196. Grant of administration to universal or residuary legatees.
197. Right to administration of representative of deceased residuary legatee.
198. Grant of administration where no executor, nor residuary legatee, nor
representative of such legatee.
199. Citation before grant of administration to legatee other than universal or
residuary.
200. Order in which connections entitled to administer.
201. Administration to widow unless Court see cause to exclude her.
202. Association with widow in administration.
203. Administration where no widow, or widow excluded.
Proviso.
204, ‘Title of kindred to administration.
205. Right of widower to administration of wife’s estate.
206. Grant of administration to creditor.
207. Administration where property left in Uganda.
208. Administrator General may apply for administration in certain cases.
Or Court may of its own motion grant administration.
209. Power to make orders to prevent waste.
210. Where estate is under Rs. 1,500 in value, Court may distribute without formal
proceedings, or may grant certificate.
PART XXX.
Or Limite GRants—(a) Grants limited in Duration.
211. Probate of copy or draft of lost will.
212. Probate of contents of lost or destroyed will.
213. Probate of copy where original exists.
214. Administration until will produced.
(b) Grants for the use and Benefit of others having Right.
215. Administration, with will annexed, to attorney of absent executor.
216. Administration, with will annexed, to attorney of absent person, who, if
present, would be entitled to administer.
217. Administration to attorney of absent person entitled to administer in case
of intestacy.
218. Administration during minority of sole executor or residuary legatee.
219. Administration during minority of several executors or residuary legatees.
220. Administration for use and benefit of lunatic jus habens.
221. Administration pendente lite.
(c) For special Purposes.
222. Probate limited to purpose specified in will.
223. Administration with will annexed limited to particular purpose.
224. Administration limited to property in which person has beneficial interest.
225. Administration limited to suit.
226. Administration limited to purpose of becoming party to suit to be brought
against administrator.
227. Administration limited to collection and preservation of deceased’s property.
228. Appointment, as administrator, of person other than one who, under ordinary
circumstances, would be entitled to administration.
(d) Grants with exception.
229. Probate or adininistration with will annexed, subject to exception.
230. Administration with exception.
Cuap. 51.] Succession. 697
(e) Grants of the rest.
SECTIONS.
231. Probate or administration of rest.
(f) Grant of Effects unadministered.
232. Grant of effects unadministered.
233. Rules as to grants of effects unadministered.
234. Administration when limited grant expired, and still some part of estate
unadministered.
(g) Alteration in Grants.
235. What errors may be rectified by Court.
236. Procedure where codicil discovered after grant of administration with will
annexed.
(hb) Revocation of Grants.
237. Revocation or annulment for just cause.
‘* Just cause.”’
PART XXXI.
Or tae Practice IN GRANTING AND REVOKING Prozates anp LETTERS OF
ADMINISTRATION,
238. Power to appoint delegate to deal with non-contentious cases.
239. District delegate’s powers as to grant of probate and administration.
240. District delegate may order person to produce testamentary papers.
241. Proceedings of District Court in relation to probate and administration.
242. When and how district delegate to interfere for protection of property.
243. When probate or administration may be granted by district delegate.
244. Disposal of application made to district delegate in a district in which
deceased had no fixed abode.
245. Probate and letters of administration may be granted by delegate.
246. Conclusiveness of probate or letters of administration.
247. Conclusiveness of application for probate or administration, if properly made
and verified.
248. Petition for probate.
249. In what cases translation of will to be annexed to petition.
Verification of translation by person other than Court translator.
250. Petition for letters of administration.
251. Petition for probate or administration to be signed and verified.
252. Verificaiion of petition for probate by one witness to will.
253. Punishment for false averment in petition or declaration.
254. High Court or district delegate may examine petitioner in person, require
further evidence, and issue citations to inspect proceedings.
Publication of citation.
255. Caveats against grant of probate or administration.
256. Form of caveat.
257. After entry of caveat, no proceeding taken on petition until after notice to
caveator.
258. District delegate when not to grant probate or administration.
259. Power to transmit statement to district delegate in doubtful cases where no
contention.
260. Procedure where there is contention, or district delegate thinks probate or
letters of administration should be refused in his Court.
261. Grant of probate to be under seal of Court.
Form of such grant.
262. Grant of letters of administration to be under seal of Court.
Form of such grant.
263. Administration-bond
264. Assignment of administration-bond.
265. Time for grant of probate and administration.
266. Filing of original wills of which probate or administration with will annexed
granted.
698
Laws of the Uganda Protectorate. [Cuap. 51.
SECTIONS.
267.
268.
269.
270.
271.
272.
273.
274.
275.
276.
277.
278.
279.
280.
281.
282.
283.
284.
285.
286.
287.
288.
289.
290.
291.
292.
293.
294.
295.
296.
297.
298.
299.
300.
Grantee of probate or administration alone to sue, etc., until same revoked.
Procedure in contentious cases.
payment ri executor or administrator before probate or administration
revoked.
Right of such executor or administrator to recoup himself.
Appeals from orders of district delegate.
PART XXXII.
Or Iixecurors oF THEIR OWN Wrong.
Executor of his own wrong.
Liability of executor of his own wrong.
PART XXXIII.
Or THE Powers oF aN Executor oR ADMINISTRATOR.
In respect of causes of action surviving deceased and rents due at death.
Demands and rights of action of or against deceased survive to and against
executor or administrator.
Power of executor or administrator to dispose of property.
Purchase by executor or administrator of deceased’s property.
Powers of several executors or administrators exerciseable by one.
Survival of powers on death of one of several executors or administrators.
Powers of administrator of effects unadministered.
Powers of administrator during minority.
Powers of married executrix or administratrix.
PART XXXIV.
Or tHe Duties oF aN Execuror orn ADMINISTRATOR.
As to deceased’s funeral.
Inventory and account.
As to property of and debts owing to deceased.
Expenses to be paid before all debts.
Expenses to be paid next after such expenses.
Wages for certain services to be next paid, and then other debts.
Save as aforesaid, all debts to be paid equally and rateably.
Application of movable property to payment of debts where domicile not in
Uganda.
Chaiiiter paid in part under Section 289 to bring payment into account before
sharing in proceeds of immovable property.
Debts to be paid before legacies.
Executor or, administrator not bound to pay legacies without indemnity.
Abatement of general legacies.
Executor not to pay one legatee in preference to another.
Non-abatement of specific legacy when assets sufficient to pay debts.
Right under demonstrative legacy, when assets sufficient to pay debts and
necessary expenses.
Rateable abatement of specific legacies.
Legacies treated as general for purpose of abatement.
\ PART XXXV.
Or tHE Exrecutor’s Assent To A Luaacy.
Assent necessary to complete legatee’s title.
Effect of executor’s assent to specific legacy.
Nature of assent.
Conditional assent.
Cuap. 51.] Succession. 699
SECTIONS.
301.
302.
303.
304.
305.
306.
307.
308.
309.
310.
311.
312.
313.
314.
315.
316.
317.
318.
319.
320.
321,
322.
323.
324,
325.
326.
327.
328.
Assent of executor to his own legacy.
Implied assent.
Effect of executor’s assent.
Executor when to deliver legacies.
PART XXXVI.
OF tHE PAYMENT AND APPORTIONMENT Or ANNUITIES.
Commencement of annuity when no time fixed by will.
When annuity, to be paid quarterly or monthly, first falls due.
Dates of successive payments when first payment directed to be made within
given time, or on day certain.
Apportionment where annuitant dies between times of payment.
PART XXXVII.
Or tHE INVesTMENT or Funps To PRovipE ror LEGAcins.
Investment of sum bequeathed where legacy, not specific, given for life.
Investment of general legacy to be paid at future time.
Intermediate interest.
Procedure when no fund charged with, or appropriated to, annuity.
Transfer to residuary legatee of contingent bequest.
Investment of residue bequeathed: for life, without direction to invest in
particular securities.
Investment of residue bequeathed for life, with direction to invest in specified
securities.
Time and manner of conversion and investment.
Interest payable until investment.
Procedure where minor entitled to immediate payment or possession of bequest,
and no direction to pay to person on his behalf.
PART XXXVIII.
Or tHE Propuce anp Interest or Lecacizs.
Legatee’s title to produce of specific legacy.
Residuary legatee’s title to produce of residuary fund.
Interest when no time fixed for payment of general legacy.
Interest when time fixed.
Rate of interest.
No interest on arrears of annuity within first year after testator’s death.
Interest on sum to be invested to produce annuity.
PART XXXIX.
Or tHe Rerunpine or Lueacrzs.
Refund of legacy paid under Judge’s orders.
No refund if paid voluntarily.
Refund when legacy has become due on performance of condition within
further time allowed under Section 124.
‘ When each legatee compellable to refund in proportion.
Distribution of assets.
Creditor may follow assets.
Creditor may call upon legatee to refund.
When legatee, not satisfied or compelled to refund under Section 327, cannot
oblige one paid in full to refund.
700
SECTIONS.
Laws of the Uganda Protectorate. [Cuap. 51.
329. When unsatisfied legatee must first proceed against executor, if solvent.
330. Limit to refunding of one legatee to another.
331. Refunding to be without interest.
382. Residue after usual payments to be paid to residuary legatee.
333. Transfer of assets from Uganda to executor or administrator in country of
domicile for distribution.
334. Procedure where deceased has left property in Zauzibar or Kast Africa.
PART XL.
Or tue Liapitrry or AN Executor orn ADMINISTRATOR FOR DEVASTATION.
335. Liability of executor or administrator for devastation.
336. Liability of executor for neglect to get in any part of property.
PART XLI.
MISCELLANEOUS.
337. Power of Commissioner to exempt any race, sect, or tribe in Uganda from
operation of Ordinance.
338. Surrender of revoked probate or letters of administration.
339. Application to the King’s African Rifles, and to estate, partially administered.
Short Title.
Ordinance to con-
stitute law of
Uganda in cases of
intestate or testa-
mentary succession.
Interpretation of
clause.
Number.
Gender.
« Person.”
It is hereby enacted as follows :—
PART I.
PRELIMINARY.
1. This Ordinance may be cited as “ The Uganda
Succession Ordinance, 1906.”
2. Except as provided by this Ordinance, or by
any other law for the time being in force, the rules
herein contained shall constitute the law of Uganda
applicable to all cases of intestate or testamentary
succession. .
3. In this Ordinance, unless there be something
repugnant in the subject or context—
Words importing the singular number in-
clude the plural; words importing the plural
number include the singular; and words im-
porting the male sex include females :
“ Person ” includes any company or associa-
tion, or body of persons, whether incorporated
or not:
Cuap. 51.]
Succession.
701
“Year” and “month” respectively mean a
year and month reckoned according to the British
calendar :
“Tmmovable property” includes land, in-
corporeal tenements, and things attached to the
earth, or permanently fastened to anything
which is attached to the earth :
“Movable property” means property of
every description except immovable property :
“Minor” means any person who shall not
have completed the age of twenty-one years, and
“minority ” means the status of such person :
“Will” means the legal declaration of the
intentions of the testator with respect to his
property, which he desires to be carried into
effect after his death :
“ Codicil” means an instrument made in re-
lation to a will, and explaining, altering, or
adding to its dispositions. It is considered as
forming an additional part of the will :
“ Probate ” means the copy of a will certified
under the seal of a Court of competent jurisdic-
tion, with a grant of administration to the estate
of the testator :
“ Executor” means a person to whom the
execution of the last will of a deceased person is,
by the testator’s appointment, confided :
“ Administrator ” means a person appointed
by competent authority to administer the estate
of a deceased person when there is no executor.
4. No person shall, by marriage, acquire any
interest in the property of the person whom he or she
marries, nor become incapable of doing any act in
respect of his or her own property which he or she
could have done if unmarried.
© Year,”
“Month.”
“Tmmovable pro-
perty.”’
““Movable pro-
perty.”
“Minor.”
“Minority.”
“wall.”
* Codicil.”
“ Probate.”
*«Bsecutor.””
“ Administrator.”
Interests and
powers not acquired
nor lost by mar-
riage,
Laws of the Uganda Protectorate. [Cuap. 51,
Law regulating
succession to
deceased person’s
immovable and
movable property
respectively,
One domicile only
affects succession to
movables.
Domicile of origin
of person of legiti-
mate birth,
Dowicile of origin
of illegitimate child,
Continuance of
domicile of origin.
PART ITI.
Or DoMICcILE.
5. Succession to the immovable property in
Uganda of a person deceased is regulated by the law
of Uganda, wherever he may have had his domicile
at the time of his death.
Succession to the movable property of a person
deceased is regulated by the law of the country in
which he had his domicile at the time of his death.
Illustrations.
_ (a) A, having his domicile in Uganda, dies in France,
leaving movable property in France, movable property in
England, and property, both movable and immovable, in
Uganda. The succession to the whole is regulated by the law of
Uganda.
(6) A, an Englishman, having his domicile in France, dies
in Uganda, and leaves property, both movable and immovable,
in Uganda. The succession to the movable property is regu-
lated by the rules which govern, in France, the succession to the
movable property of an Englishman dying domiciled in France,
and the succession to the immovable property is regulated by the
law of Uganda.
6. A person can only have one domicile for the
purpose of succession to his movable property.
7. The domicile of origin of every person of
legitimate birth is in the country in which, at the
time of his birth, his father was domiciled : or, if he
is a posthumous child, in the country in which his
father was domiciled at the time of the father’s
death.
Illustration.
At the time of the birth of A, his father was domiciled in
England. A’s domicile of origin is in England, whatever may
be the country in which he was born.
8. The domicile of origin of an illegitimate child
is in the country in which, at the time of his birth,
his mother was domiciled.
9. The domicile of origin prevails until a new
domicile has been acquired.
Cuap. 51,] Succession.
703
10. A man acquires a new domicile by taking up
his fixed habitation in a country which is not that of
his domicile of origin.
Explanation.—A man is not to be considered as
having taken up his fixed habitation in Uganda
merely by reason of his residing there in His
Majesty’s civil or military service, or in the exercise
of any profession or calling.
Illustrations.
(a2) A, whose domicile of origin is in England, proceeds to
Uganda, where he settles as a barrister or a merchant, intending
to reside there during the remainder of his life. His domicile is
now in Uganda.
(6) A, whose domicile is in England, goes to Austria, and
enters the Austrian service, intending to remain in that service.
A has acquired a domicile in Austria.
(c) A, whose domicile of origin is in France, comes to reside
in Uganda under an engagement with the Uganda Government
for a certain number of years. It is his intention to return to
France at the end of that period. He does not acquire a domicile
in Uganda.
(d) A, whose domicile is in England, goes to reside in
Uganda for the purpose of winding up the affairs of a partnership
which has been dissolved, and with the intention of returning to
England as soon as that purpose is accomplished. He does not,
by such residence, acquire a domicile in Uganda, however long
the residence may last.
(e) A, having gone to reside in Uganda under the circum-
stances mentioned in the last preceding illustration, afterwards
alters his intention and takes up his fixed habitation in Uganda.
A has acquired a domicile in Uganda.
(f) A, whose domicile is in German East Africa is compelled
by political events to take refuge in Entebbe, and resides in
Entebbe for many years in the hope of such political changes as
may enable him to return with safety to German East Africa.
He does not, by such residence, acquire a domicile in Uganda.
(g) A, having come to Entebbe under the circumstances
stated in the last preceding illustration, continues to reside there
after such political changes have occurred as would enable him to
return with safety to German Hast Africa, and he intends that
his residence in Entebbe shall be permanent. A has acquired a
domicile in Uganda.
Acquisition of new
domicile.
704
Laws of the Uganda Protectorate. [Cuap. 51.
Special mode of
acquiring domicile
in Uganda,
Domicile not
acquired by resi-
dence as represen-
tative of foreign
Government, or a8
part of his family.
Continuance of new
domicile.
Minor’s domicile.
Domicile acquired
by woman on
marriage,
Wife’s domicile
during marriage.
Minor’s acquisition
of new domicile.
11. Any person may acquire a domicile in
Uganda by making and depositing in some office in
Uganda (to be fixed by the Commissioner) a declara-
tion in writing under his hand of his desire to acquire
such domicile, provided that he shall have been resi-
dent in Uganda for one year immediately preceding
the time of his making such declaration.
12. A person who is appointed by the Govern-
ment of one country to be its ambassador, consul, or
other representative in another country, does not
acquire a domicile in the latter country by reason
only of residing there in pursuance of his appoint-
ment; nor does any other person acquire such domi-
cile by reason only of residing with him as part of his
family or as a servant.
13. A new domicile continues until the former
domicile has been resumed, or another has been
acquired.
14. The domicile of a minor follows the domicile
of the parent from whom he derived his domicile of
origin.
Eaception—The domicile of a minor does not
change with that of his parent if the minor is
married, or holds any office or employment in the ser-
vice of His Majesty, or has set up, with the consent
of the parent, in any distinct business.
15. By marriage a woman acquires the domicile
of her husband, if she had not the same domicile
before.
16. The wife’s domicile during the marriage
follows the domicile of her husband.
Eaception—The wife’s domicile no longer
follows that of her husband if they be separated by
the sentence of a competent Court, or if the husband
is undergoing a sentence of transportation.
17. Except in the cases above provided for, a
person cannot, during minority, acquire a new domi-
cile.
Cuar. 51.] Succession.
705
18. An insane person cannot acquire a new
domicile in any other way than by his domicile
following the domicile of another person.
19. If a man dies leaving movable property in
Uganda, in the absence of proof of any domicile else-
where, succession to the property is regulated by the
law of Uganda.
PART ITI.
OF CONSANGUINITY.
20. Kindred or consanguinity is the connexion
or relation of persons descended from the same stock
or common ancestor,
21. Lineal consanguinity is that which subsists
between two persons, one of whom is descended in a
direct line from the other, as between a man and his
father, grandfather, and great-grandfather, and so
upwards in the direct ascending line; or between a
man, his son, grandson, great-grandson, and so down-
wards in the direct, descending line.
Every generation constitutes a degree, either
ascending or descending.
A man’s father is related to him in the first
degree, and so likewise is his son; his grandfather
and grandson in the second degree; his great-grand-
father and great-grandson in the third.
_ 22. Collateral consanguinity is that which sub-
sists between two persons who are descended from the
same stock or ancestor, but neither of whom is des-
cended in a direct line from the other.
For the purpose of ascertaining in what degree
of kindred any collateral relative stands to a person
deceased, it is proper to reckon upwards from the
person deceased, to the common stock, and then down-
wards to the collateral relative, allowing a degree for
each person, both ascending and descending.
45
Lunatic’s acquisi-
tion of new domicile,
Succession to mov-
able property in
Uganda in absence
of proof of domicile
elsewhere.
Kindred or con-
sanguinity.
Lineal :
consanguinity.
Collateral _
consanguinity.
706 Laws of the Uganda Protectorate. [Cuar. 51.
Porsons held for 23. For the purpose of succession, there is no
purpose of succes- fe . .
sion to be similarly (istinction between those who are related to a person
related to deceased, .
deceased through his father, and those who are
related to him through his mother;
Nor between those who are related to him by the
full blood; and those who are related to him by the
half blood;
Nor between those who are actually born in his
lifetime, and those who, at the date of his death, were
only conceived in the womb, but who have been sub-.
sequently born alive.
Meas of epauas 24. In the annexed table of kindred the degrees
are computed as far as the sixth, and are marked by
numeral figures.
The person whose relatives are to be reckoned
and his cousin-german or first cousin are, as shown
in the table, related in the fourth degree; there being
one degree of ascent to the father, and another to the
common ancestor, the grandfather; and from him one
of descent to the uncle, and another to the cousin-
german; making in all four degrees.
A grandson of the brother and a son of the uncle,
1.¢., a great-nephew and cousin-german, are in equal
degree, being each four degrees removed.
A grandson of a cousin-german is in the same
degree as the grandson of a great-uncle, for they are
both in the sixth degree of kindred.
Cuar. 51.]
Swecession.
TABLE OF CONSANGUINITY. |
700
- Great-
grandfather’s
father,
4
Great- Great-
grandfather. great-uncle.
3 5
Grandfather. Great-uncle.
2 4
Father. Uncle. Great-uncle’s
Son.
1 3 5
Brother. Cousin- Second
The german. Cousin,
person 2 a 6
whose
relatives
are to be
reckoned, = Son of the
a Nephew. Cousin-
SEEPS german.
3
5
Son.
Son of the Grandson of
1 Nephew or the Cousin-
Brother’s - german.
Grandson. 6
Grandson.
2
Great- :
grandson.
3
45a
708
As to what property
deceased considered
to have died
intestate,
Devolution of such
property.
Where intestate has
left widow and
lineal descendants,
or widow and
kindred only, ¢r
widow and no
kindred,
Laws of the Uganda Protectorate. (Cnar. dl.
PART IV.
Or INTESTACY.
25. A man is considered to die intestate in
respect of all property of which he has not made a
testamentary disposition which is capable of taking
effect.
Illustrations.
(a) A has left no will. He has died intestate in respect of
the whole of his property.
(b) A has left a will, whereby he has appointed B his
executor ; but the will contains no other provisions. A has died
intestate in respect of the distribution of his property.
(c) A has bequeathed £1,000.to B, and £1,000 to the eldest
son of C, and has made no other bequest; and has died leaving
the sum of £2,000 and no other property. C died before A
without having ever had ason. A has died intestate in respect
of the distribution of £1,000.
26. Such property devolves upon the wife or
husband, or upon those who are of the kindred of the
deceased, in the order and according to the rules
herein prescribed.
Explanation —The widow is not entitled to the
provision hereby made for her, if, by a valid contract
made before her marriage, she has been excluded
from the distributive share of her husband’s estate.
27. Where the intestate has left a widow, if he
has also left any lineal descendants, one-third of his
property shall belong to his widow, and the
remaining two-thirds shall go to his lineal descen-
dants, according to the rules herein contained.
Tf he has left no lineal descendants, but has left
persons who are of kindred to him, one-half of his
property shall belong to his widow, and the other half
shall go to those who are of kindred to him, in the
order and according to the rules herein contained.
If he has left none who are of kindred to him,
the whole of his property shall belong to his widow.
Cuap. 51.] Suecession.
709
28. Where the intestate has left no widow, his
property shall go to his lineal descendants or to those
who are of kindred to him, not being lineal descen-
dants, according to the rules herein contained; and
if he has left none who are of kindred to him, it shall
go to the Crown.
PART V5
Or THE DISTRIBUTION OF AN INTESTATE’S PROPERTY.
(a) Where he has left Lineal Descendants.
29. The rules for the distribution of the intes-
tate’s property (after deducting the widow’s share, if
he has left a widow) amongst his lineal descendants
are as follows :-—
30. Where the intestate has left surviving him a
child or children, but no more remote lineal descen-
dant through a deceased child, the property shall
belong to his surviving child if there be only one, or
shall be equally divided among all his surviving
children.
31. Where the intestate has not left surviving
him any child, but has left a grandchild or grand-
children, and no more remote descendant through a
deceased grandchild, the property shall belong to his
surviving grandchild, if there be only one, or shall
be equally divided among all his surviving grand-
children.
Illustrations.
(a) A has three children, and no more; John, Mary, and
Henry. They all die before the father ; John leaving two
children, Mary three, and Henry four. Afterwards A dies
intestate, leaving those nine grandchildren and no descendant
of any deceased grandchild. Each of his grandchildren shall
have one-ninth.
> The provisions of Part V. do not apply to Muhammadans ; see order of the
22nd January, 1906, following, page 814.
Where intestate has
left no widow, and
where he has left no
kindred,
Rules of
distribution.
Where intestate has
left child or
children only.
Where intestate has
no child, but
grandchild or
grandchildren.
710
Where intestate has
left only great-
grandchildren or
remoter lineal
descendants.
Where intestate
leaves lineal
descendants not all °
in the same degree
of kindred to him,
and those through
whom the more
remote descend are
dead,
Laws of the Uganda Protectorate. (Cuar. 51.
(6) But, if Heury has died leaving no child, then the whole
is equally divided between the intestate’s five grandchildren, the
children of John and Mary.
(c) A has two children, and no more ; John and Mary. John
dies before his father, leaving his wife pregnant. Then A dies,
leaving Mary surviving him, and in due time a child of John is
born. A’s property is to be equally divided between Mary and
such posthumous child.
32. In like manner the property shall go to the
surviving lineal descendants who are nearest in
degree to the intestate, where they are all in the
degree of great-grandchildren to him, or are all ina
more remote degree.
33. If the intestate has left lineal descendants
who do not all stand in the same degree of kindred to
him, and the persons through whom the more remote
are descended from him are dead, the property shall
be divided into such a number of equal shares as may
correspond with the number of the lineal descendants
of the intestate who either stood in the nearest degree
of kindred to him at his decease, or, having been of
the like degree of kindred to him, died before him,
leaving lineal descendants who survived him; and
One of such shares shall be allotted to each of the
lineal descendants who stood in the nearest degree of
kindred to the intestate at his decease; and
One of such shares shall be allotted in respect of
each of such deceased lineal descendants; and
The share allotted in respect of each of such
deceased lineal descendants shall belong to his sur-
viving child or children or more remote lineal des-
cendants, as the case may be; such surviving child or
children or more remote lineal descendants always
taking the share which his or their parent or parents
would have been entitled to respectively, if such
parent or parents had survived the intestate.
Illustrations.
(a) A had three children, John, Mary, and Henry; John
died, leaving four children, and Mary died leaving one, and
Henry alone survived the father. On the death of A intestate,
one-third is allotted to Henry, one-third to John’s four children,
and the remaining third to Mary’s one child.
Cuap. 51,] Succession.
711
(vb) A left no child, but left eight grandchildren, and two
children of a deceased grandchild. The property is divided into
nine parts, one of which is allotted to each grandchild ; and the
remaining one-ninth is equally divided between the two great-
grandchildren.
(c) A has three children, John, Mary, and Henry. John
dies leaving four children, and one of John’s children dies leaving
two children. Mary dies leaving one child. A afterwards dies
intestate. One-third of his property is allotted to Henry; one-
third to Mary’s child; and one-third is divided into four parts,
one of which is allotted to each of John’s three surviving
children, and the remaining part is equally divided between
John’s two grandchildren.
(b) Where the Intestate has left no Lineal
Descendants.
34. Where an intestate has left no lineal des-
cendants, the rules for the distribution of his
property (after deducting the widow’s share, if he
has left a widow) are as follows :-—
35. If the intestate’s father be living, he shall
succeed to the property.
36. If the intestate’s father is dead, but the
intestate’s mother is living, and there are also brothers
or sisters of the intestate living, and there is no child
living of any deceased brother or sister, the mother
and each living brother or sister shall succeed to the
property in equal shares.
Illustration,
'
A dies intestate survived by his mother and two brothers of
the full blood, John and Henry, and a sister Mary, who is the
daughter of his mother, but not of his father. The mother takes
one-fourth, each brother takes one-fourth, and Mary, the sister
of half-blood, takes one-fourth.
37. If the intestate’s father is dead, but the.
intestate’s mother is living, and if any brother or
sister, and the child or children of any brother or
sister who may have died in the intestate’s lifetime,
are also living, then the mother and each living
brother or sister and the living child or children of
Rules of distribution
where intestate has
left no lineal
descendants.
Where intestate’s
father living.
Where intestate’s
father dead, but his
mother, brothers,
and sisters living.
Where intestate’s
father dead and
his mother,'a
brother or sister,
and children of any
deceased brother or
sister living.
~t
—
bo
Laws of the Uganda Protectorate. [Cuap. 51.
Where the
intestate’s father
dead, and his
mother and children
of any «leceased
brother or cister
living.
Where intestate’s
father dead, but his
mother living, and
no brother, sister,
nephew, or niece.
Where intestate has
left neither lincal
dlescendant, nor
father nor mother.
each deceased brother or sister, shall be entitled to_
the property in equal shares, such children (if more
than one) taking in equal shares only the shares
which their respective parents would have taken if
living at the intestate’s death.
Illustration.
A, the intestate, leaves his mother, his brothers, John and .
Henry, and also one child of a deceased sister Mary, and two
children of George, a deceased brother of the half-blood, who
was the son of his father, but not of his mother. The mother
takes one-fifth, John and Henry each take one-fifth, the child of
Mary takes one-fifth, and the two children of George divide the
remaining one-fifth equally between them.
38. If the intestate’s father is dead, but the
intestate’s mother is living and the brothers and
sisters are all dead, but all or any of them have left
children who survived the intestate, the mother and
the child or children of each deceased brother or
sister shall be entitled to the property in equal shares,
such children (if more than one) taking in equal shares
only the shares which their respective parents would
have taken if living at the intestate’s death.
Illustration.
A, the intestate, leaves uo brother or sister, but leaves his
mother and one child of a deceased sister Mary, and two children
of a deceased brother George. The mother takes one-third, the
child of Mary takes one-third, and the children of George divide
the remaining one-third equally between them.
39. If the intestate’s father is dead, but the intes-
tate’s mother is living, and there is neither brother nor
sister nor child of any brother or sister of the intes-
tate, the property shall belong to the mother. .
40. Where the intestate has left neither lineal
descendant, nor father nor mother, the property is
divided equally between his brothers and sisters and
the child or children of such of them as may have died
before him, such children (if more than one) taking in
equal shares only the shares which their respective
parents would have taken if living at the intestate’s
death.
Crap. 51.] Succession,
713
Sage
41. If the intestate left neither lineal descen-
dant, nor parent, nor brother, nor sister, his property
shall be divided equally among those of his relatives
who are in the nearest degree of kindred to him.
Illustrations.
(a) A, the intestate, has left a grandfather and a grand-
mother, and no other relative standing in the same or a nearer
degree of kindred tohim. They, being in the second degree, will
be entitled to the property in equal shares, exclusive of any uncle
or aunt of the intestate, uncles and aunts being only in the third
degree.
(b) A, the intestate, has left a great-grandfather or a great-
grandmother and uncles and aunts, and no other relative
standing in the same or a nearer degree of kindred to him. All
of these, being in the third degree, shall take equal shares.
(c) A, the intestate, left a great-grandfather, an uncle, and
a nephew, but no relative standing in a nearer degree of kindred
to him. All of these, being in the third degree, shall take equal
shares.
(d@) Ten children of one brother or sister of the intestate and
one child of another brother or sister of the intestate, constitute
the class of relatives of the nearest degree of kindred to him.
They shall each take one-eleventh of the property.
42. Where a distributive share in the property
of a person who has died intestate shall be claimed
by a child, or any descendant of a child, of such
person, no money or other property which the intes-
tate may, during his life, have paid, given, or settled
to or for the advancement of the child by whom or
by whose descendant the claim is made, shall be taken
into account in estimating such distributive share.
PART VI.
OF THE Errrct oF MARRIAGE AND MARRIAGE-
SETTLEMENTS ON PROPERTY.
__ 438. The husband surviving his wife has the same
rights in respect of her property, if she die intestate,
as the widow has in respect of her husband’s pro-
perty if he die intestate.
Where intestate has
left neither lineal
descendant nor
parent, nor brother
nor sister,
Children’s
advancement not
brought into
hotchpot.
Rights of widower
and widow
respectively.
714
Laws of the Uganda Protectorate. [Caap. 51.
Kffect of marriage
between person
domiciled, and one
not domiciled, in
Uganda.
Settlement of:
minor’s property in
contemplation of
marriage.
Persons capable of
making wills.
44, If a person whose domicile is not in Uganda
marries in Uganda a person whose domicile is in
Uganda, neither party acquires by the marriage any
rights in respect of any property of the other party
not comprised in a settlement made previous to the
marriage, which he or she would not acquire thereby
if both were domiciled in Uganda at the time of the
marriage.
45. The property of a minor may be settled in
contemplation of marriage, provided the settlement
be made by the minor with the approbation of the
minor’s father, or if he be dead or absent from
Uganda, with the approbation of the High Court.
PART VII.
Or WILL AND CODICILS.
46. Every person of sound mind and not a minor
may dispose of his property by will.
Explanation 1--A married woman may dispose
by will of any property which she could alienate by
her own act during her life.
Explanation 2.—Persons who are deaf, or dumb,
or blind, are not thereby incapacitated for making a
will if they are able to know what they do by it.
Explanation 3.—One who is ordinarily insane
may make a will during an interval in which he is of
sound mind.
Explanation 4.—No person can make a, will while
he is in such a state of mind, whether arising from
drunkenness, or from illness, or from any other cause,
that he does not know what he is doing.
Illustrations.
(a) A can perceive what is going on in his immediate neigh-
bourhood, and can answer familiar questions, but has not a
competent understanding as to the nature of his property or the
persons who are of kindred to him, or in whose favour it would be
proper that he should make his will, A cannot make a valid will.
Cuap. 51.] Succession.
(b) A executes an instrument purporting to be-his will, but
he does not understand the nature of the instrument, nor the
effect of its provisions. This instrument is not a valid will.
(c) A, being very feeble and debilitated, but capable of
exercising a judgment as to the proper mode of disposing of his
property, makes a will. This is a valid will.
47. A father, whatever his age may be, may, by
will, appoint a guardian or guardians for his child
during minority.
48. A will or any part of a will, the making of
which has been caused by fraud or coercion, or by such
importunity as takes away the free agency of the
testator is void.
Illustrations.
(«) A falsely and knowingly represents to the testator that
the testator’s only child is dead, or that he has done some un-
dutiful act, and thereby induces the testator to make a will in
his (A’s) favour; such will has been obtained by fraud, and is
invalid.
(v) A, by fraud and deception, prevails upon the testator
to bequeath a legacy to him. The bequest is void.
(c) A, being a prisoner by lawful authority, makes his will.
The will is not invalid by reason of the imprisonment.
; (d) A threatens to shoot B, or to burn his house, or to cause
him to be arrested on a criminal charge, unless he makes a
bequest in favour of C. B in consequence makes a bequest in
favour of C. The bequest is void, the making of it having been
caused by coercion.
(c) A, being of sufficient intellect, if undisturbed by the
influence of others, to make a will, yet being so much under the
control of B that he is not a free agent, makes a will dictated by
B. It appears that he would not have executed the will but for
fear of B. The will is invalid.
(f) A, being in so feeble a state of health as to be unable to
resist Importunity, is pressed by B to make a will of a certain
purport, and does so merely to purchase peace, and in sub-
mission to B. The will is invalid.
(g) A, being in such a state of health as to be capable
of exercising his own judgment and volition, B uses urgent
intercession and persuasion with him to induce him to make a
will of a certain purport. A, in consequence of the intercession
and persuasion, but in the free exercise of his judgment and
volition, makes his will in the manner recommended by B. The
~I
—?
wr
Testamentary
guardian,
Will obtained by
fraud, coercion or
importunity.
716
Willmay be revoked
or altered.
Execution of
unprivileged wills.
Laws of the Uganda Protectorate. [Cuap. 51.
we is not rendered invalid by the intercession and persuasion
of B.
(h) A, with a view to obtaining a legacy from B, pays him
attention and flatters him, and thereby produces in him a capri-
cious partiality to A. B, in consequence of such attention and
flattery, makes his will, by which he leaves a legacy to A. The
a is not rendered invalid by the attention and flattery
of A.
49. A will is liable to be revoked or altered by
the maker of it at any time when he is competent to
dispose of his property by will.
PART VIII.
Or THE EXECUTION OF UNPRIVILEGED WILLS.
50. Except as provided by this Ordinance or
other law for the time being in force, every testator,
not being a soldier employed in an expedition or
engaged in actual warfare or a mariner at sea, must
execute his will according to the following rules :—
First —The testator shall sign or shall affix his
mark to the will, or it shall be signed by some other
person in his presence and by his direction.
Second.—The signature or mark of the testator,
.or the signature of the person signing for him, shall
be so placed that it shall appear that it was intended
thereby to give effect to the writing as a will.
Third —The will shall be attested by two or more
witnesses, each of whom must have seen the testator
sign or affix his mark to the will, or have seen some
other person sign the will in the presence and by the
direction of the testator, or have received from the
testator a personal acknowledgment of his signature
or mark, or of the signature of such other person;
and each of the witnesses must sign the will in the
presence of the testator, but it shall not be necessary
that more than one witness be present at the same
time, and no particular form of attestation shall be
necessary.
Cuap. 51.] Succession.
717
Nothing in this section shall affect the validity of
any will made by a Muhammadan or a native accord-
ing to the provisions of Muhammadan law or native
custom, as the case may be.
51. If a testator, in a will or codicil duly attes-
ted, refers to any other document then actually
written, as expressing any part of his intentions, such
document shall be considered as forming a part of the
will or codicil in which it is referred to.
PART Ix.
Or PRIVILEGED WILLS.
52. Any soldier being employed in an expedition,
or engaged in actual warfare, or any mariner being at
sea, may, if he has completed the age of eighteen years,
dispose of his property by a will made as is mentioned
in Section 53.
Such wills are called privileged wills.
Illustrations.
(a) A, the surgeon of a regiment, is actually employed in
an expedition. He is a soldier actually employed in an expedi-
tion, and can make a privileged will.
(6) A is at sea in.a merchant-ship, of which he is the
purser. He is a mariner, and, being at sea, can make a
privileged will.
(c) A, a soldier serving in the field against insurgents, is a
soldier engaged in actual warfare, and as such can make a
privileged will.
(d) A, a mariner of a ship in the course of a voyage, is
temporarily on shore while she is. lying in harbour. He is, in the
sense of the words used in this clause, a mariner at sea, and can
make a privileged will.
_ (e) A, an admiral who commands a naval force, but who
lives on shore, and only occasionally goes on board his ship, is
not considered as at sea, and cannot make a privileged will.
(f) A, a mariner serving on a military expedition, but not
being at sea, is considered as a soldier, and can make a privileged
will,
Incorporation of
papers by reference,
Privilege will,
718
Laws of the Uganda Protectorate. [Ciap.: 51,
Mode of making,
and rules for
executing,
privileged wills.
_ 53. Privileged wills may be in writing, or may
b= made by word of mouth.
The execution of them shall be governed by the
following rules :—
First —The will may be written wholly by the
testator with his own hand. In such case it need not
be signed nor attested.
Second.—It may be written wholly or in part by
another person, and signed by the testator. In such
case it need not be attested.
Third — If the instrument purporting to be a
will is written wholly or in part by another person,
and is not signed by the testator, it shall be considered
to be his will if it be shown that it was written by the
testator’s directions, or. that he recognised it as his
will.
If it appear on the face of the instrument that
the execution of it in the manner intended by him was
not completed, the instrument shall not, by reason of
that circumstance, be invalid, provided that his non-
execution of it can be reasonably ascribed to some
cause other than the abandonment of the testamentary
intentions expressed in the instrument.
Fourth—If the soldier or mariner shall have
written instructions for the preparation of his will,
but shall have died before it could be prepared and
executed, such instructions shall be considered to
constitute his will.
Fifth—tlf the soldier or mariner shall, in the
presence of two witnesses, have given verbal instruc-
tions for the preparation of his will, and they shall
have been reduced into writing in his lifetime, but he
shall have died before the instrument could be pre-
pared and executed, such instructions shall be con-
sidered to constitute his will, although they may not
have been reduced into writing in his presence, nor
read over to him.
Cuap. 51.] Succession.
Siath.—Such soldier or mariner as aforesaid may
make a will by word of mouth by declaring’his inten-
tions before two witnesses present at the same time.
Seventh-—A will made by word of mouth shall
be null at the expiration of one month after the testa-
tor shall have ceased to be entitled to make a privi-
leged will.
PART X.
Or THE ATTESTATION, REVOCATION, ALTERATION, AND
REVIVAL OF WILLS.
54. A will shall not be considered as insuffi-
ciently attested by reason of any benefit thereby given,
either by way of bequest or by way of appointment,
to any person attesting it, or to his or her wife or
husband :
But the bequest or appointment shall be void so
far as concerns the person so attesting, or the wife or
husband of such person, or any person claiming under
either of them.
Explanation —A legatee under a will does not
lose his legacy by attesting a codicil which confirms
the will.
55. No person, by reason of interest in, or of his
being an executor of, a will, is disqualified as a
witness to prove the execution of the will or to prove
the validity or invalidity thereof.
96. Every will shall be revoked by the marriage
of the maker, except a will made in exercise of a
power of appointment, when the property over which
the power of appointment is exercised would not, in
default of such appointment, pass to his or her
executor or administrator, or to the person entitled
In case of intestacy.
Effect of gift to
attesting witnesses,
Witness not
disqualified by
interest or by being
executor,
Revocation of will
by testator's
marriage,
0
Power of appoint-
ment detined.
Revocation of _
unprivileged will or
corlicil.
Effect of obliter-
ation, interlineation
or alteration
in unprivileged will.
Revocation of
privileged will or
codicil,
_ _ Laws of the Uganda Protectorate. [Cnap. 51.
Leplanution—Where a man is invested with
power to determine the disposition of property of
which he is not the owner, he is said to-have power to
appoint such property. —
57. No unprivileged will or codicil, nor any part
thereof, shall be revoked otherwise than by marriage,
or by another will or codicil, or by some writing
declaring an intention to revoke the same, and execu-
ted in the manner in which an unprivileged will is
hereinbefore required to be executed, or by the burn-
ing, tearing, or otherwise destroying the same by the
testator, or by some person in his presence and by his
direction, with the intention of revoking the same.
Illustrations.
(a) A has made an unprivileged will. Afterwards A makes
another unprivileged will which purports to revoke the first.
This is a revocation.
(6) A has made an unprivileged will. Afterwards A, being
entitled to make a privileged will, makes a privileged will which
purports to revoke his unprivileged will. This is a revocation.
58. No obliteration, interlineation, or other alter-
ation made in any unprivileged will after the execu-
tion thereof shall have any effect, except so far as the
words or meaning of the will shall have been thereby
rendered illegible or undiscernible, unless such alter-
ation shall be executed in like manner as hereinbefore
is required for the execution of the will; save that the
will as so altered, shall be deemed to be duly executed
if the signature of the testator and the subscription ot
the witnesses be made in the margin or on some other
part of the will opposite or near to such alteration or
at the foot or end of, or opposite to, a memorandum
referring to such alteration, and written at the end
or some other part of the will.
59. A privileged will or codicil may be revoked
by the testator, by an unprivileged will or codicil, or
by any act expressing an intention to revoke it, and
accompanied with such formalities as would be suffi-
cient to give validity to a privileged will, or by the
burning, tearing, or otherwise destroying the same
by the testator, or by some person in his presence, and
by his direction, with the intention of revoking the
same.
Cuap. 51.] | Succession.
~J
bo
—
Explanation.—In order to the revocation of a
privileged will or codicil by an act accompanied with
such formalities as would be sufficient to give
validity to a privileged will, it is not necessary that
the testator should, at the time of doing that act, be
in a situation which entitles him to make a privileged
will. .
60. No unprivileged will or codicil, nor any part
thereof, which shall be in any manner revoked, shall
be revived otherwise than by the re-execution
thereof, or by a codicil executed in manner herein-
before required, and showing an intention to revive
the same; .
And when any will or codicil which shall be
partly revoked, and afterwards wholly revoked, shall
be revived, such revival shall not extend to-so much
thereof as shall have been revoked before the revoca-
tion of the whole thereof, unless an intention to
the contrary shall be shown by the will or codicil.
PART XI.
OF THE CONSTRUCTION OF WILLS.®
61. It is not necessary that any technical words
or terms of art shall be used in a will, but only that the
wording shall be such that the intentions of the testa-
tor can be known therefrom.
62. For the purpose of determining questions as
to what person or what property is denoted by any
words used in a will, a Court must inquire into every
material fact relating to the persons who claim to be
interested under such will, the property which is
claimed as the subject of disposition, the circum-
stances of the testator and of his family, and into
every fact, a knowledge of which may conduce to the
right application of the words which the testator has
used.
5 Nothing in Chapter 6 of ‘The Uganda Evidence Ordinance, 1909,” affects
the construction of wills as provided by this Ordinance; see Section 99 of The
Uganda Evidence Ordinance, page 87.
46
‘
Revival of
unprivileged will,
Extent of revival of
willor codicil partly
revoked, and after-
wards wholly
revoked.
Wording of will.
Inquiries to
determine questions
as to object or
subject of will.
722
Laws of the Uganda Protectorate. [Cuap. 51.
Misnomer or
misdescription of
object.
Illustrations.
(a) A, by his will, bequeaths 1,000 rupees to his eldest son,
or to his youngest grandchild, or to his cousin Mary. A Court
may make inquiry in order to ascertain to what person the des-
cription in the will applies.
(6) A, by his will, leaves to B ‘“‘ his estate called Black
Acre.’’ It may be necessary to take evidence in order to ascer-
tain what is the subject matter of the bequest; that is to say,
what estate of the testator’s is called Black Acre.
(c) A, by his will, leaves to B ‘‘the estate which he pur-
chased of C.’’ It may be necessary to take evidence in order to
“ ascertain what estate the testator purchased of C.
63. Where the words used in the will to designate
or describe a legatee, or a class of legatees, sufficiently
show what is meant, an error in the name or descrip-
tion shall not prevent the legacy from taking effect.
A mistake in the name of a legatee may be cor-
rected by a description of him, and a mistake in the
description of a legatee may be corrected by the name.
Illustrations.
(a) A bequeaths a legacy ‘‘to Thomas, the second son of
his brother John.’’ The testator has an only brother, named
John, who has no son named Thomas, but has a second son whose
name is William. William shall have the legacy.
(0) A bequeaths a legacy ‘‘ to Thomas, the second son of his
brother John.’’ The testator has an only brother, named John,
whose first son is named Thomas, and whose second son is named
William. Thomas shall have the legacy.
(c) The testator bequeaths his property ‘‘to A and B, the
legitimate children of C.’? C has no legitimate child, but has
two illegitimate children, A and B. The bequest to A and B
takes effect, although they are illegitimate.
(d) The testator gives his residuary estate to be divided
among ‘‘his seven children,’’ and proceeding to enumerate
them, mentions six names only. This omission shall not prevent
the seventh child from taking a share with the others.
(e) The testator, having six grandchildren, makes a bequest
to ‘‘ his six grandchildren,’’ and, proceeding to mention them by
their Christian names, mentions one twice over, omitting another
altogether. The one whose name is not mentioned shall take a
share with the others.
(f) The testator bequeaths ‘‘ 1,000 rupees to each of the
three children of A.’’ At the,date of the will, A has four
children. Each of these four children shall, if he survives the
testator, receive a legacy of 1,000 rupees.
Cuap. 51.] Succession.
723
64. Where any word material to the full expres-
sion of the meaning has been omitted, it may be sup-
plied by the context.
Illustration.
_ The testator gives a legacy of ‘‘ five hundred’ to his
daughter A, and a legacy of ‘‘ five hundred rupees’’ to his
daughter B. A shall take a legacy of five hundred rupees.
65. If the thing which the testator intended to
bequeath can be sutticiently identified from the des-
cription of it given in the will, but some parts of the
description do not apply, such parts of the descrip-
tion shall be rejected as erroneous, and the bequest
shall take effect.
Illustration.
A bequeaths to B ‘‘ his marsh-lands lying in L, and in the
occupation of X.’’ The testator had marsh-lands lying in L but
had no marsh-lands in the occupation of X. The words “‘ in the
occupation of X ’’ shall be rejected as erroneous, and the marsh-
lands of the testator lying in L shall pass by the bequest.
66. If the will mentions several circumstances as
descriptive of the thing which the testator intends to
bequeath, and there is any property of his in respect
of which all those circumstances exist, the bequest
shall be considered as limited to such property, and
it shall not be lawful to reject any part of the des-
cription as erroneous, because the testator had other
property to which such part of the description does
not apply.
Explanation.—In judging whether a case falls
within the meaning of this section, any words which
would be liable to rejection under Section 65 are to
be considered as struck out of the will.
Illustrations.
(a) A bequeaths to B ‘‘ his marsh-lands lying in L, and in
the occupation of X.’’ The testator had marsh-lands lying in L,
some of which were in the occupation of X, and some not in the
occupation of X. The bequest shall be considered as limited to
such of the testator’s marsh-lands lying in L as were in the
occupation of X.
(6) A bequeaths to B ‘‘ his marsh-lands lying in L, and in
the occupation of X, comprising 1,000 acres of land.’’ The testa-
tor had marsh-lands lying in L, some of which were in the occu-
464
When words may
be supplied.
Rejection of erro-*
neous particulars in
description of
subject,
When part of
description may not
be rejected as
erroneous.
724
Laws of the Uganda Protectorate. [CHAP. 51.
Extrinsic evidence
admissible in case
of latent ambiguity.
Extrinsic evidence
inadmissible in
cases of patent
ambiguity or
deficiency.
Meaning of clause
to be collected from
entire will.
pation of X, and some not in the occupation of X. The measure-
ment is wholly inapplicable to the marsh-lands of either class, or
to the whole taken together. The measurement shall be con-
sidered as struck out of the will, and such of the testator’s marsh-
lands lying in L as were in the occupation of X shall alone pass
by the bequest.
67. Where the words of the will are unambiguous,
but it is found by extrinsic evidence that they admit
of applications, one only of which can have been
intended by the testator, extrinsic evidence may be
taken to show which of these applications was
intended.
Illustrations.
(a) A man, having two cousins of the name of Mary,
bequeaths a sum of money to “‘ his cousin Mary.’’ It appears
that there are two persons, each answering the description in the
will. That description, therefore, admits of two applications,
only one of which can have been intended by the testator.
evidence is admissible to show which of the two applications was
intended.
(0) A, by his will, leaves to B “‘ his estate called Bugaya.”’
It turns out that he had two estates called Bugaya. Evidence is
admissible to show which estate was intended.
68. Where there is an ambiguity or deficiency
on the face of the will, no extrinsic evidence as to the
intentions of the testator shall be admitted.
Illustrations.
(a) A man has an aunt Caroline and a cousin Mary, and
has no aunt by the name of Mary. By his will he bequeaths
1,000 rupees to “‘ his aunt Caroline ’’ and 1,000 rupees to ‘‘ his
cousin Mary,’’ and afterwards bequeaths 2,000 rupees to his
‘“before-mentioned aunt Mary.’’ There is no person to whom
the description given in the will can apply, and evidence is not
admissible to show who was meant by ‘‘ his before-mentioned
aunt Mary.’’ The bequest is therefore void for uncertainty
under Section 76.
(6) A bequeaths 1,000 rupees to
leaving a blank for the name of the legatee. Evidence is not
admissible to show what name the testator intended to insert.
(c) A bequeaths to B rupees, or ‘‘ his
estate of .’ Evidence is not admissible
to show what sum or what estate the testator intended to insert.
69. The meaning of any clause in a will is to be
collected from the entire instrument, and all its parts
Cap. 51.] Succession.
725
are to be construed with reference to each other; and
for this purpose a codicil is to be considered as part
of the will.
Illustrations.
- (a) The testator gives to B a specific fund or property at the
death of A, and by a subsequent clause gives the whole of his
property to A. The effect of the several clauses taken together is
to vest the specific fund or property in A for life, and after his
decease in B ; it appearing from the bequest to B that the
testator meant to use, in a restricted sense, the words in which
he describes what he gives to A. |
(6) Where a testator, having an estate, one part of which
is called Black Acre, bequeaths the whole of his estate to A, and
in another part of his will bequeaths Black Acre to B, the latter
bequest is to be read as an exception out of the first, as if he had
said, ‘‘ I give Black Acre to B, and all the rest of my estate to
A.”
70. General words may be understood in a
restricted sense where it may be collected from the will
that the testator meant to use them in a restricted
sense; and words may be understood in a wider
sense than that which they usually bear, where it may
be collected from the other words of the will that the
testator meant to use them in such wider sense.
Illustrations.
(a) A testator gives to A ‘‘ his farm in the occupation of B,’’
and to C ‘‘all his marsh-lands in L.’’ Part of the farm in the
occupation of B consists of marsh-lands in L., and the testator
also has other marsh-lands in L. The general words ‘‘all his
marsh-lands in L’’ are restricted by the gift to A.
Now, I do hereby in pursuance of “The Colonial Prisoners
Removal Act, 1884,” with the concurrence of the Government of the
said Colony or Protectorate, or ) [and the Govern-
ment of the Colony(or Protectorate, or ) of ii
order that the said A.B. be removed to the United Kingdom [or to
the Colony (or Protectorate, or ) of
there to undergo the residue of his sentence (with such variations
of the conditions thereof as are or shall be provided by any regula-
tions in force for the time being under the said Act), in accordance
with the said Act.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State, this day of 19
II.—NOoTIFICATION OF CONCURRENCE IN ORDER OF REMOVAL OF A
PRISONER.
Colonial Prisoners’ Removal Act, 1884.
Whereas an Order has been made under “ The Colonial Prison-
ers’ Removal Act, 1884,” by one of His Majesty’s Principal
Secretaries of State for the removal of 4.B., a prisoner now in
custody in the Colony (07 Protectorate, or ) of
to the United Kingdom [07 the Colony (or Protectorate, or )
of i
Now I, the Governor (or Lieutenant-Governor or the Officer
administering the Government) of the Colony (or Protectorate, or
of , with the advice of the
Executive Council of the said Colony (or Protectorate, or )
hereby concur in the said Order of Removal.
As witness my hand this day of 19
App. A.] Orders in Council. 921
III.—WarRANT FOR REMOVAL OF A PRISONER.
Colonial Prisoners’ Removal A ct, 1884.
To C.D. the keeper of the prison and to L.F. and G.H.
Whereas an order has been made under “ The Colonial Prison-
ers’ Removal Act, 1884,” by one of Huis Majesty’s Principal
Secretaries of State, with the concurrence of the Government of the
Colony (or Protectorate, o7' ) of [and
the Government of the Colony (or Protectorate, or )
of | for the removal of A.B., a prisoner now in
the custody of you, the said C.D., under a sentence of penal servi-
tude (or imprisonment 07, as the case may be,) for the term of
years from the day of
(or for life), to the United Kingdom [07 to the Colony (or Protec-
torate, or ) of |, there to undergo
the residue of the said sentence.
Now, I do hereby, in pursuance of the said Act, order you, the
said C.D., to deliver the body of the said A.B., into the custody of
the said £.F. and G.H., or one of them; and I do hereby, in further
pursuance of the said Act, authorise you, the said Z.F. and G.H.,
or either of you, to receive the said A.B., into your custody, and to
convey him to the United Kingdom [or to the Colony (or Protec-
torate, or ) of J, and to deliver
him to such person or persons as shall be empowered by one of His
Majesty’s Principal Secretaries of State [or by the Governor of the
said Colony (or Protectorate, or ) | to receive
him for the purpose of giving effect to the said Order of Removal.
And for so doing this shall be your warrant.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State (or Governor of ), this
day of 19
922 Laws of the Uganda Protectorate. [App. A
IV.—Warrant OF RECEPTION OF A PRISONER.
Colonial Prisoners’ Removal Act, 1884.
Whereas was on the day of
19 , convicted in the Court of of
the crime of and sentenced to ;
And whereas in pursuance of the provisions of “ The Colonial
Prisoners’ Removal Act, 1884,” an order has been made by one of
His Majesty’s Principal Secretaries of State, with the concurrence
of the Government of the Colony (er Protectorate, or
of [and of the Government of this Colony (or
Protectorate, or ) | for the removal of the said
to the United Kingdom [o07, to this Colony (or Protectorate, or
) | there to undergo the residue of his sentence;
and whereas the Governor of the Colony (or Protectorate, or
) of by a warrant under his
hand ordered the said to be conveyed to the United
Kingdom [or, this Colony (or Protectorate, or )|
and delivered to such person or persons as shall be empowered by one
of His Majesty’s Principal Secretaries of State [or the Governor of
this Colony (or Protectorate, or )] to receive him for
the purpose of giving effect to the said order of removal.
Now I, the Right Honourable one of His
Majesty’s Principal Secretaries of State [or, the Governor of the
Colony (or Protectorate, or yor |
hereby authorise and empower the Governor of H.M. Prison
and all persons acting under his orders, to receive and
detain the said for the purpose of giving effect
to the said order of removal; and I further authorise and empower
the Governor of any other of H.M. Prisons to which the said
may be removed from Prison and
all persons acting under his orders to receive and detain the said
for the purpose of undergoing the residue of his
sentence in such prison.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State (or Governor of
this day of 19
App. A.| Orders in Council. 923
V.—ORDER FOR THE RETURN OF A PRISONER TO A BRITISH
POSSESSION.
Colonial Prisoners’ Removal Act, 1884.
Whereas A.B. was on the day of 19 ,
convicted before the Court of
of the crime (or offence) of and sentenced to
penal servitude (or imprisonment, or as the case may be), for the
term of years (or for life).
And whereas the said A.B. has been removed under “ The
Colonial Prisoners’ Removal Act, 1884,” from the Colony (or Pro-
tectorate, or ) of to
and is now undergoing his said sentence in the United Kingdom
[or the Colony or Protectorate, or ) of ie
Now I, | with the advice of the Executive
Council of the said Colony (or Protectorate, or ) of
] hereby, in pursuance of the said Act, order
that the said 4.B. shall be returned to the said Colony (or Protec-
torate, or ) of , there to undergo
the residue (or for the purpose of being there discharged at the
expiration) of his said sentence.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State [or Governor (07 Lieutenant-
Governor, or officer administering the Government) of the Colony
(or Protectorate, or of ) ] this
day of 19
VI.—WaARRANT FOR RETURN OF A PRISONER TO A BRITISH
POSSESSION.
Colonial Prisoners’ Removal Act, 1884.
To C.D., the Governor (or ) of the
Prison, and to E.F. and G.H.
Whereas 4.B., having been sentenced by the Court
of to penal servitude (ov imprisonment, o7, as
the case may be) for the term of years from the
day of 19, or for life has, under an order duly
924 Laws of the Uganda Protectorate. [App. A.
made under “The Colonial Prisoners’ Removal Act, 1884,” been
removed to the United Kingdom [or to the Colony or Protectorate,
or of ] and is now in the
custody of you, the said C.D., undergoing his said sentence.
And whereas an order has been made under the said Act by
one of His Majesty’s Principal Secretaries of State [or by the
Government of the said Colony (or Protectorate, or
of - | for the return of the said A.B. to the said
Colony (or Protectorate, or ) of there
to undergo the residue (or for the purpose of being there discharged
at the expiration) of his said sentence.
Now I do hereby, in pursuance of the said Act, order you, the
said C’.D., to deliver the body of the said A.B. into the custody of
the said #.F’. and G.#., or one of them; and I do hereby, in further
pursuance of the said Act, authorise you the said EF’. and G.H., or
either of you, to receive the said A.B. into your custody, and to
convey him to the Colony (07 Protectorate, or ) of
, and to deliver him to such person or persons
as shall be empowered by the Governor of the said Colony (or Pro-
tectorate, or ) to receive him for the purpose of
giving effect to the said order of return.
And for so doing this shall be your warrant.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State (or Governor of ) this
day of 19
VII.—OrbErR or REMOVAL OF A CRIMINAL LUNATIC.
Colonial Prisoners’ Removal Act, 1884.
Whereas 4.B. is in custody in the Colony (or Protectorate, or
of as a criminal lunatic, having
been charged with the offence of and found to have been
insane at the time of such offence (or to be unfit, on the ground of
insanity, to be tried for such offence) [or having been convicted of
the offence of and sentenced to penal servitude (or
imprisonment, or ) for the term of years from
the day of 19 (or for life) and after-
wards certified (or lawfully proved) to be insane] :
And whereas it is likely that the life (or health) of the said
A.B. will be endangered (or permanently injured) by further deten-
tion in custody in the said Colony (or Protectorate, or 3
Arp. A, | Orders in Council. 925
[Or whereas the said .1.B. belonged at the time of the said
offence to the Royal Navy (or to His Majesty’s regular military
forces) | :
[ Or whereas the said offence was committed wholly (or partly)
beyond the limits of the said Colony (or Protectorate, or
)]:
[Or whereas by reason of there being no asylum in the said
Colony (or Protectorate, or ), in which the said A.B.
can be properly or conveniently detained and dealt with as a
criminal lunatic, his removal to the United Kingdom (or to the
Colony (or Protectorate, or ) of ) is
expedient | :
[Or whereas the said A.B. belongs to a class of persons who,
under the law of the said Colony (or Protectorate, or
are subject to removal under “The Colonial Prisoners’ Removal
Act, 1884].
2
Now I do hereby, in pursuance of “The Colonial Prisoners
Removal Act, 1884,” with the concurrence of the Government of the
said Colony (or Protectorate, or ) [and the Govern-
ment of the Colony, or Protectorate, or of i
order that the said 4.B. be removed to the United Kingdom [or to
the Colony (or Protectorate, or ) of
there to be detained in custody as a criminal lunatic, and dealt with
in the same manner as if he had there become a criminal lunatic.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State this day of 9
VITI.—NotiricatTion oF CONCURRENCE IN ORDER OF REMOVAL OF A
CRIMINAL LUNATIC.
Colonial Prisoners’ Removal Act, 1884.
Whereas an order has been made under “The Colonial
Prisoners’ Removal Act, 1884,” by one of His Majesty’s Principal
Secretaries of State for the removal of A.B., a criminal lunatic now
in custody in the Colony (or Protectorate, or ) of
to the United Kingdom [or the Colony (or Protec-
torate, or ) of ae
Now I, the Governor (or Lieutenant-Governor,
or officer administering the Government) of the Colony (or Protec-
torate, or ) of with the advice of the
Executive Council of the said Colony (or Protectorate, or )
hereby concur in the said order of removal.
As witness my hand this day of 19
926 Laws of the Uganda Protectorate. [App. A.
TX.—WARRANT FOR REMOVAL OF CRIMINAL LUNATIC.
Colonial Prisoners’ Removal Act, 1884.
To C.D., the keeper of Lunatic Asylum, and to
E.F. and G.H.
Whereas an order has been made under “The Colonial
Prisoners’ Removal Act, 1884,” by one of His Majesty’s Principal
Secretaries of State, with the concurrence of the Government of the
Colony (or Protectorate, or ) of | [and
the Government of the Colony (or Protectorate, or
of ], for the removal of A.B., a criminal lunatic
now in the custody of you, the said C.D., to the United Kingdom
[or the Colony (or Protectorate, or of
to be there dealt with in the same manner as if he had become a
criminal lunatic in the United Kingdom [or the said Colony (or
Protectorate, or ) of 2
Now I do hereby, in pursuance of the said Act, order you, the
said C.D., to deliver the body of the said A.B. into the custody of
the said E.F. and G.H., or one of them; and J do hereby, in further
pursuance of the said Act, authorise you the said E.F. and G.H.,
or either of you, to receive the said 4.8. into your custody, and to
convey him to the United Kingdom [or to the Colony (or Protec —
torate, or ) of ], and to deliver him to
such person or persons as shall be empowered by one of His
Majesty’s Principal Secretaries of State [or the Governor of the
said Colony (or Protectorate, or ) | to receive him for
the purpose of giving effect to the said order of removal.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State (or the Governor of
this day of eile
X.— WARRANT OF RECEPTION OF A CRIMINAL LUNATIC.
Colonial Prisoners’ Removal Act, 1884.
Whereas is in custody in as
a criminal lunatic, having been charged with the offence of
and found to be insane at the time of such offence (or to be unfit on
the ground of insanity to be tried for such offence) [or having been
convicted of the offence of and sentenced to
and afterwards certified (or lawfully proved) to be insane] :
Are A.| Orders in Council. 927
And whereas in pursuance of the provisions of “ The Colonial
Prisoners’ Removal Act, 1884,” an order has been made by one of
His Majesty’s Principal Secretaries of State, with the concurrence
of the Government of the Colony (or Protectorate, or
of [and of the Government of this Colony (or
Protectorate, o7 ) | for the removal of the said
to the United Kingdom |or this Colony (or Protectorate, or
) | there to be detained as a criminal lunatic
until he shall have ceased to be a criminal lunatic or shall other-
wise lawfully be discharged.
And whereas the Governor of the Colony (07 Protectorate, or
) of by a warrant under his
hand, ordered the said to be conveyed to the United
Kingdom [ or to this Colony (07 Protectorate, or d |
and delivered to such person or persons as shall be empowered by
one of His Majesty’s Principal Secretaries of State [or the Gov-
ernor of this Colony (ar Protectorate, or ) ] to
receive him for the purpose of giving effect to the said Order of
Removal.
Now I, the Right Honourable , one of His
Majesty’s Principal Secretaries of State [or the Governor of the
Colony (or Protectorate, or yor | hereby
authorise and empower the medical superintendent of the
Lunatic Asylum, and all persons acting under his orders, to receive
and detain the said in the same manner as if he had
become a criminal lunatic in the United Kingdom [or this Colony
(or Protectorate, or « ) | until His Majesty’s pleasure
be further known concerning him.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State (or the Governor of
this day of , 19
XI.—OrbDeER ror THE RETURN oF A CRIMINAL LUNATIC TO A BRITISH
POSSESSION.
Colonial Prisoners’ Removal Act, 1884.
Whereas A.B., having been in custody in the Colony (or Pro-
tectorate, or ye, OE as a
criminal lunatic, has been removed, under “ The Colonial Prison-
ers’ Removal Act, 1884,” to, and is now in custody as a criminal
lunatic in, the a eee jor the Colony (or Protectorate
or : 0
928 Laws of the Uganda Protectorute. [App. A.
And whereas I [or the Government of the said Colony (or
Protectorate, or ) of ] consider
that the said A.B. has become sufficiently sane to be tried for the
offence with which he was charged in the said Colony [ (or Protec-
torate, or ) of ‘
Now I [with the advice of the Executive Council of the said
Colony (or Protectorate, or ) ] hereby, in pursuance
of the said Act, order that the said 4.B. be returned to the said
Colony (or Protectorate, or ) there to be dealt
with in the same manner as if he had not been removed therefrom.
Given under the hand of the undersigned, one of His Majesty’s
Principal Secretaries of State [or the Governor (or Lieutenant-
Governor or officer administering the Government) of the Colony
(or Protectorate, or ) of ‘| this
day of ,19
XIJ.—WaRRANT FOR RETURN OF A CRIMINAL LUNATIC TO A BRITISH
POSSESSION.
Colonial Prisoners’ Removal Act, 1884.
To C.D., the , of the Lunatic
Asylum, and to E.F’. and G.H.
Whereas A.B., having been in custody as a criminal lunatic in
the Colony (or Protectorate, or ) of
has under an order duly made under “The Colonial Prisoners’
Removal Act, 1884,” been removed to the United Kingdom [or to
the Colony (or Protectorate, or ) of ]
and is now in the custody of you, the said C.D., as a criminal
lunatic.
And whereas an order has been made under the said Act by
one of His Majesty’s Principal Secretaries of State [or by the
Government of the said Colony (or Protectorate, or
of | for the return of the said 4.B., to the said
Colony (or Protectorate, or ) of
Now I do hereby, in pursuance of the said Act, order you, the
said C.D. to deliver the body of the said A.B. into the custody of
the said E.F. and G.H., or one of them; and I do hereby, in further
pursuance of the said Act, authorise you, the said E.F. and G.H.,
Arr. A.]| Orders in Council. 929
or either of you, to receive the said A.B. into your custody, and to
convey him to the Colony (or Protectorate, or
of and to deliver him to such person or persons
as shall be empowered by the Governor of the said Colony (or
Protectorate, or ) to receive him for the purpose
of giving effect to the said order of return.
And for so doing this shall be your warrant.
Given under the hand of the undersigned, one of His Maj esty’s
Principal Secretaries of State (or Governor of
this day. of , 19
ORDER IN COUNCIL
PROVIDING FOR DEPOSITIONS FOR THE PURPOSES OF
THE WORKMEN’S COMPENSATION ACT, 1906.
At the Court at Buckingham Palace, the 4th day of July, 1908.
PRESENT,
The King’s Most Excellent Majesty in Council.
Whereas by Section 7 of “ The Workmen’s Compensation Act,
1906,” it is amongst other things provided that where an injured
master seaman or apprentice (being a member of the crew of any
ship registered in the United Kingdom, or of any other British ship
or vessel of which the owner or, if there is more than one owner, the
managing owner or manager resides, or has his principal place of
business in the United Kingdom) is discharged or left behind in a
British possession, or in a foreign country, depositions respecting
the circumstances and nature of the injury may be taken by any
judge or magistrate in the British possession, and by any British
Consular officer in the foreign country, and if so taken shall be
transmitted by the person by whom they are taken to the Board of
Trade, and such depositions or certified copies thereof shall in any
proceedings for enforcing the claim for compensation be admissible
in evidence as provided by Sections 691 and 695 of “ The Merchant
Shipping Act, 1894,” and those sections shall apply accordingly :
59
930 Laws of the Uganda Protectorate. [App. A.
And whereas by Section 691 of “ The Merchant Shipping Act,
1894,” it is amongst other things provided that whenever 1n the
course of any legal proceeding instituted in any part of His
Majesty’s dominions before any judge or magistrate, or before any
person authorised by law or by consent of parties to receive evidence,
the testimony of any witness is required in relation to the subject
matter of that proceeding, then upon due proof, if the proceeding
is instituted in the United Kingdom, that the witness cannot be
found in that kingdom, or if in any British possession, that he
cannot be found in that possession, any deposition that the witness
may have previously made on oath in relation to the same subject
matter before any justice or magistrate in His Majesty’s dominions
or any British Consular officer elsewhere shall be admissible in
evidence :
And whereas by Section 737 of the said last recited Act it is
provided that where under that Act anything is authorised to be
done by, to or before a British Consular officer, and in any place
outside His Majesty’s dominions in which His Majesty has juris-
diction there is no such officer, such thing may be done in that
place by, to or before such officer as His Majesty in Council may
direct :
And whereas the places specified in the first column of the
schedule hereto are places outside His Majesty’s dominions in which
His Majesty has jurisdiction, but in which there is no British
Consular officer :
And whereas it has been made to appear to His Majesty that
it is expedient that the officers named in the second column of the
schedule hereto should exercise and perform in the said places
respectively the hereinbefore mentioned power and duties of a
British Consular officer to take depositions as aforesaid :
Now, therefore, His Majesty, by virtue and in exercise of the
power in that behalf by Section 737 of “ The Merchant Shipping
Act, 1894,” in His Majesty vested, is pleased, by and with the advice
of His Privy Council, to direct that the taking of depositions which
is under the hereinbefore recited Acts authorised to be done by or
before a British Consular officer may be done in the places specified
in the first column of the schedule hereto, by or before any officer
for the time being acting in the office or offices respectively named in
the second column of the schedule hereto and set opposite to such
places specified as aforesaid.
A. W. FITZROY.
Orders in Council. 931
App. A.]
SCHEDULE.
1. Northern Nigeria. . The Cantonment Magistrate
at Lokoja.
The Protectorate of Southern
Nigeria.
. At Calabar and Warri the
Police Magistrate, and at
other ports of the Protec-
torate the District Com-
missioner of the District.
. The East Africa Protectorate.
3 . The Chief of Customs.
4. Uganda. . The Principal Judge.
5. Somaliland. . The District Officer at Berbera.
6. Nyasaland. . The Comptroller of Customs.
7. Wei-hai-wei. . The Magistrate.
8. Cyprus. . The President of the District
Court. of Nikosia.
59A
932 Laws of the Uganda. Protectorate. (App. A.
THE EASTERN AFRICAN PROTECTORATES (COURT OF
APPEAL) ORDER IN COUNCIL, 1909.”
At the Court at Buckingham Palace, the 15th day of February, 1909.
PRESENT,
The King’s Most Excellent Majesty.
Archbishop of York. Lord Northcote.
Lord President. Mr. Secretary Gladstone.
Lord Chamberlain. Mr. Harcourt.
Lord Sandhurst. Sir J. C. Bigham.
Whereas by treaty, grant, usage, sufferance, and other lawful
means His Majesty has power and jurisdiction within the terri-
tories of Africa known as the East Africa, Uganda, and Nyasaland
Protectorates (in this Order referred to as “the said Protec-
torates ”) :
And whereas it is expedient that a Court should be established
for the hearing and determining of appeals from His Majesty’s
Courts in the said Protectorates :
Now, therefore, His Majesty, by virtue and in exercise of the
powers in this behalf by “ The Foreign Jurisdiction Act, 1890,” or
otherwise in His Majesty vested, is pleased, by and with the advice
of His Privy Council, to order, and it is hereby ordered, as
follows :—
1. This Order may be cited as the “ Eastern African Protec-
torates (Court of Appeal) Order in Council, 1909.”
2. A Court shall be constituted, called His Majesty’s Court of
Appeal for Eastern Africa (in this Order referred to as “ The Court
of Appeal”), which shall be a superior Court of record, and shall,
for the purposes of and subject to the provisions of this Order, have
full power to determine in accordance with this Order any questions
necessary to be determined for the purpose of doing justice in
28 This Order came into force on the Ist January, 1910, see Notice printed on page 950; and is
printed here with the rules and notices instead of the repealed order and rules.
App. A.] Orders in Council. 933
the case before the Court, and shall exercise such appellate
jurisdiction and such other powers in relation to the High Courts
and other Courts in the'said Protectorates as may from time
to time be conferred by Ordinances passed under the provisions of
the Orders in Council relating to the said Protectorates respectively.
3. The Court of Appeal shall have a seal bearing the style of
the Court and a device approved by His Majesty’s Principal
Secretary of State for the Colonies (in this Order referred to as
“the Secretary of State”), and until such a seal is provided the
existing stamp and seal bearing the words “His Britannic Majesty’s
Court of Appeal for Eastern Africa” may be used instead thereof.
4. The members of the Court of Appeal shall be the Judges and
acting judges for the time being of His Majesty’s High Courts of
the said Protectorates respectively, and such other competent person
or persons, if any, each being a member of the Bar of England,
Scotland or Ireland, of not less than five years’ standing, as the
Secretary of State may from time to time appoint.
5. The seniority of the members of the Court of Appeal shall be
determined according to the instructions to be given from time to
time by the Secretary of State.
6. For the hearing and determining of appeals, three members
of the Court of Appeal shall sit together ; but provision may be made
by Rules of Court for the hearing of any specified classes of cases
by less than three members of the Court of Appeal.
7. The Court of Appeal may sit at such places in any of the
said Protectorates as may be fixed by Rules of Court.
8. The Secretary of State may appoint a Registrar and such
other officers of the Court of Appeal as may be necessary.
9. (1) Three members of the Court of Appeal, one of whom
shall be the senior member, may make Rules of Court with respect
to all matters of procedure relating to the exercise of its juris-
diction.
(2) Rules of Court, when allowed by the Secretary of State,
shall have effect as if contained in this Order : Provided that in case
of urgency declared in the Rules, the same shall take effect before
such allowance, and shall continue to have effect unless and until
they are modified or altered by the Secretary of State, and are
published by the Court of Appeal as so modified or altered.
934 Laws of the Uganda Protectorate. (App. A.
(3) Rules of Court made under this Order and allowed by the
Secretary of State may, with the approval of the Secretary of State,
be rescinded, revoked, amended, or varied by Rules of Court.
10. On the commencement of this Order, The Eastern African
Protectorates (Court of Appeal) Order in Council, 1902, and The
Eastern African Protectorates (Court of Appeal) Order in Council,
1906, shall be repealed. Provided as follows :—
(1) Inall appeals and proceedings whatsoever which shall have
been fully heard by the Court of Appeal established under the said
Orders (in this Article referred to as “ the former Court ”) and in
which judgment shall not have been given, or having been given
shall not have been signed, drawn up or otherwise perfected at the
commencement of this Order, any judgment decree, rule or order
may be given or made, signed, drawn up or perfected respectively
after the commencement of this Order in the name of the former
Court by the Court of Appeal established by this Order, and shail
take effect to all intents and purposes as if the same had been duly
perfected before the commencement of this Order :
(2) Every judgment decree, rule or order of the former Court
which shall have been duly perfected at any time before the com-
mencement of this Order may be executed and enforced and, if
necessary, amended or discharged by the Court of Appeal in the
same manner as if it had been a judgment decree, rule or order of
the said Court of Appeal :
(3) All appeals, matters and proceedings whatsoever, whether
civil or criminal, which shall be pending in the former Court at the
commencement of this Order shall be continued and concluded
before the Court of Appeal according to the form and manner of
procedure of the said Court of Appeal.
11. This Order shall commence and have effect on such day as
may be fixed by notification by the Secretary of State, published in
the London Gazette.”
And the Earl of Crewe, K.G., one of His Majesty’s Principal
Secretaries of State, is to give the necessary directions herein
accordingly.
A. W. FITZROY.
2 This Order came into force on the 1st January, 1910, see notice on page 950.
App. A.] Orders in Council. 935
RULES OF COURT.
IssuepD sy His Masesty’s Court or APPEAL ror Eastern AFRICA, WITH THE
SANCTION OF THE SECRETARY OF STATE, UNDER THE PROVISIONS or ‘‘ THE
Eastern AFRICAN PRotectoraTes (CourT oF APPEAL) ORDER IN CoUNCIL,
1909.”
Entry oF APPEAL.
1. For the purpose of every appeal to the Court of Appeal, the appellant
shall file with the Registrar or other officer of the High Court of the Protectorate
from which the appeal emanates (hereinafter called the High Court), a
memorandum in writing, setting forth concisely and under distinct heads the
grounds of objection to the decree appealed against, together with a certified copy
of such decree, without any argument or narrative; and such grounds shall be
numbered consecutively.
2. The appellant may appeal against the whole or any part of a decree, and
the memorandum of appeal shall state whether the whole or part only of such
decree is complained of, and in the latter case shall specify such part. The
memorandum of appeal shall also state the nature of the relief which is sought.
For the purpose of these Rules a decree shall include a judgment, order or
sentence.
APPELLANT CONFINED TO THE GROUNDS oF APPEAL.
3. The appellant shall not, without the leave of the Court of Appeal, urge or
be heard in support of any ground of objection not mentioned in the memorandum,
but the Court, in deciding the appeal, shall not be confined to the grounds set
forth by the appellant.
Provided that the Court shall not rest its decision on any ground not set
forth by the appellant, unless the respondent has had sufficient opportunity of
contesting the case on that ground.
In these Rules the term respondent shall include any person who has been
served with notice of appeal or who is entitled to be so served.
Time For Firing Memoranpum oF APPEAL.
4. The memorandum of appeal shall be filed in civil cases within three
months, and in criminal cases within thirty days from the date of the decree
appealed against.
Provided that in criminal cases, if the appellant is in gaol, he may present his
memorandum of appeal to the officer in charge of the gaol, within such thirty days,
who shall thereupon file such memorandum in the High Court.
Leave To Fitz Out OF TIME NECESSARY.
5. If a memorandum of appeal is presented out of time, the High Court shall
require the appellant to file a petition for leave to file the memorandum of appeal
out of time, supported by an affidavit giving reason for the delay, and the High
936 Laws of the Uganda Protectorate. [App. A.
Court, on forwarding the application to the Court of Appeal, may make such
remarks as it thinks fit in regard to the statements contained in the affidavit, and
until such petition shall have been granted, and a notification thereof forwarded
to the said High Court, all proceedings in the appeal shall be stayed.
Frres PayaBLE, AND SECURITY ON APPEAL.
6. (1) On filing the memorandum of appeal, the appellant shall pay to the
High Court such fees as may be payable locally. The appellant shall also, within
such time as the High Court directs, give reasonable security to the satisfaction
of the said Court for the prosecution of the appeal and for payment of the fees
of the Court of Appeal, and of any costs that may be ordered by the Court of
Appeal to be paid by the appellant, and shall pay such sum as the High Court
thinks reasonable to defray the expense of the making up and transmission of the
record to the Court of Appeal.
(2) In the event of the fees or charges payable, or the security to be given,
not being paid.or given, or being only partly paid or given, within the time directed
by the High Court, all proceedings in the appeal shall be stayed (subject to the
rules with regard to pauper appeals) unless the High Court or the Appeal Court
shall otherwise order for reasons to be stated in the order.
(3) Should the Court of Appeal not claim payment of fees within one month
of the decision in appeal, or should it make no order as to costs, the security given
shall lapse and the High Court may refund any deposit made by way of security.
DECLARATIONS AND ARGUMENTS MAY BE FILED witH MEMORANDUM.
7. The appellant may, with his memorandum of appeal, file a declaration in
writing that he does not wish to be present in person or by pleader on the hearing
of the appeal, together with such arguments as he desires to submit to the Court
of Appeal.
SERVICE oF NOTICE.
8. (1) The High Court shall serve notice of the appeal, together with a
duplicate copy of the memorandum of appeal, and also of the declaration ; nd
arguments (if any) mentioned in Rule 7.
(2) When a person to be served with any notice under these Rules cannot be
found within the jurisdiction of the High Court, the notice shall be advertised in
the Official Gazette and no further service shall be necessary.
PERSONS TO BE SERVED witH Novice.
9. Such notice shall be served upon all parties directly affected by the appeal,
and it shall not be necessary to serve parties not so affected; but the Court of
Appeal may direct notice to be served upon any person, and in the mean time may
postpone or adjourn the hearing of the appeal upon such terms as may be ust,
and may give such judgment and make such order as might have been given or
made if the persons served with such notice had been parties directly affected by
the appeal and originally served with notice.
10. The respondent may, within seven days after receiving such notice, file
a declaration, in writing, that he does not wish to be present in person or by
pleader on the hearing of the appeal, together with such arguments as he desires
to submit to the Court of Appeal.
App. A. | Orders in Council. 937
11. The High Court shall have full power to allow amendment of the
memorandum of appeal, declarations and arguments, upon such terms as to service
of notice of such amendment, costs and otherwise, as it may think fit.
Hicu Court To MAKE uP RecorpD.
12. The High Court shall, with all convenient speed after the expiration of
seven days from the date of service of notice on the respondent, or notification in
the Official Gazette, as the case may be, and without the application of either
party, make up the record of appeal which shall consist of the memorandum of
appeal, declaration and arguments (if any), and copies of material proceedings,
including a copy of the evidence and decree, and forward the same to the Registrar
of the Court of Appeal. Provided that the High Court may forward any portion
of the documentary evidence in original, if for special reasons it sees fit.
Any person, whether appellant or respondent, may apply to the High Court
and specify any of the papers or exhibits in the case, copies of which he requires
to be made, aud thereupon copies of such papers or exhibits shall be made for him
at his expense and given to him.
13. After receipt of the record as aforesaid, all applications regarding the
appeal must be made to the Court of Appeal.
Notice oF HEarIneG.
14. On receipt of the record the Registrar of the Court of Appeal will serve
notice of the date of hearing upon the appellant and respondent.
Such notice will ordinarily be served through the High Court.
15. The Court of Appeal may hear and determine an appeal without giving
notice of the date of hearing to any person who has declared that he does not
wish to attend the hearing.
Pauper APPELLANT.
16. If any appellant alleges that he is unable to pay the fees on appeal, the
High Court, upon application being made for that purpose, shall inquire into
the question of the poverty of the appellant, and if it is satisfied that the allegation
of poverty is true, it shall forward to the Court of Appeal the record of appeal,
together with a declaration to that effect and a statement of the proportion of the
fees, if any, the appellant is able to pay ; and no fees other than the above shall be
payable either in the Court of Appeal or in the High Court. If the High Court
is not satisfied as to the poverty of the appellant, it shall forward the application
to the Court of Appeal with a report as to the appellant’s means, but shall take no
other step in the appeal without orders from the Court of Appeal.
ForMATION OF THE CouRT oF APPEAL.
17. The Court of Appeal shall be summoned in accordance with directions to
be given by the senior member of the Court.
18. All appeals, except as otherwise provided by these Rules, shall be heard
and decided by three members of the Court of Appeal; and the determination of
any question before such Court shall be according to the opinion of the majority
of the members of the Court hearing the appeal:
938 Laws of the Uganda Protectorate. [App. A.
19. In any appeal, whether civil or criminal, pending before the Court of
Appeal, any direction incidental thereto, not involving the decision of the appeal,
may be given by two members of the Court of Appeal; and two members of the
Court of Appeal may at any time make any interim order to prevent prejudice
to the claims of any parties pending an appeal as they may think fit.
20. The following civil appeals may be disposed of by a Court consisting of
_ two members of the Court of Appeal :—
(a) Appeals in cases in which the subject matter of the appeal is less than
1,500 rupees in value.
(6) Any appeal with the written consent of both parties: such consent to
be filed with the Registrar of the Court of Appeal.
21. No member of the Court of Appeal shall sit for the hearing and deter-
mination of an appeal from a decree made by himself alone or jointly with others.
22. The number of acting Judges who may sit at any one time in the Court
of Appeal shall not exceed one.
23. Of the members forming a Court of Appeal, the senior member shall be
President of the Court, and shall have power to appoint any person or persons
with special expert knowledge to act as assessor or assessors to the Court in any
case where it appears to the Court that such special knowledge is required for the
proper determination of the case.
WHERE Court EQquatLy DivipEp 1N OPINION.
24. If, on the hearing of an appeal, the Court is equally divided in opinion,
the appeal shall be dismissed.
If on the hearing of an interlocutory application, the Court is equally divided
in opinion, the opinion of the senior member of such Court shall prevail.
25. Unless a Court hearing a criminal appeal direct to the contrary in cases
where, in the opinion of such Court, the question is a question of law on which it
would be convenient that separate judgments should be pronounced by the
members of such Court, the judgment of such Court shall be pronounced by the
President of the Court or such other member of the Court hearing the appeal as
the President of the Court directs, and no judgment with respect to the deter-
mination of any question shall be separately pronounced by any other member of
such Court.
Powers oF THE Court or APPEAL.
26. If for any reason it appears right to adjourn an appeal or application,
the Court of Appeal shall have full power to do so upon such terms and for such
time as seems fit.
27. The Court of Appeal shall have the same powers to deal with cases of
contempt of its authority as the High Court of Justice in England.
28. In civil appeals the Court of Appeal shall have power—
(a) To dismiss an appeal.
(6) To reverse a decree on a preliminary point, and on such reversal to
remand the case to the Court against whose decree the appeal is made, with
directions to proceed to determine the case on the merits. +
App. A.] Orders in Council. 939
(c) To re-settle issues and finally to determine a case, notwithstanding
that the judgment of the Court against whose decree the appeal is made has
proceeded wholly on some other ground than that on which the Court of
Appeal proceeds.
(d) To call additional evidence or to direct the Court against whose
decree the appeal is made or any other subordinate Court to take additional
evidence.
(e) To make any amendment or any consequential or incidental order
that may be just and proper.
(f) To confirm, reverse or vary the decree against which the appeal is
made.
(9) To order that a decree shall be set aside and a new trial be had.
(4) To make such order as to costs in the Appeal Court and in the Court
or Courts below as may be just.
29. In a criminal appeal the Court of Appeal shall have power—
(a) To dismiss the appeal.
(2) In an appeal from an order of acquittal, to reverse such order and
direct that further enquiries be made, or direct that the accused be re-tried,
or find him guilty and pass sentence on him according to law.
(c) In an appeal from a conviction to—
I. Reverse the finding and sentence and acquit or discharge the
accused or order the accused to be re-tried.
If. Alter the finding maintaining the sentence, or, with or without,
altering the finding, reduce the sentence.
III. With or without such reduction and with or without altering
the finding alter the nature of the sentence but not so as ta
enhance the same.
(d) In an appeal from any other order alter or reverse such order.
(e) Make any amendment or any consequential or incidental order that
may be just and proper.
(f) To call for a report from the Judge who tried the case.
_ 30. Additional evidence taken on appeal shall be either by oral examination
in Court, by affidavit, or by deposition taken before an examiner or commissioner.
INTERLOCUTORY ORDER NOT TO PREJUDICE APPEAL.
31. No interlocutory order or rule from which there has been no appeal shall
operate so as to bar or prejudice the Court of Appeal from giving such decision
upon the appeal as may be just.
940 Laws of the Uganda Protectorate. [App. A.
Stay oF PRocEEDINGS oN APPEAL.
32. In civil matters an appeal shall not operate as stay of execution or of
proceedings under the decree appealed from, except so far as the High Court or
the Court of Appeal may order; and no intermediate act or proceeding shall be
invalidated except so far as the Court of Appeal may direct.
INTEREST WHERE EXECUTION DELAYED BY APPEAL.
33. On an appeal from the High Court, interest for such time as execution
has been delayed by the appeal shall be allowed, unless the High Court or the
Court of Appeal orders otherwise, and the taxing officer may compute such interest
without any order for that purpose.
PLEADERS AND Costs IN CRIMINAL APPEALS.
34. (a) The President of the Court may at any time assign to a pauper
appellant in a criminal appeal a pleader, in an appeal in which it appears desirable
in the interests of justice that the appellant should have legal aid.
(6) The expenses of any pleader assigned to an appellant under this rule
shall be defrayed out of the general revenue of the Protectorate from which the
appeal emanates.
35. On the hearing and determination of a criminal appeal or any proceedings
preliminary or incidental thereto, no costs shall be allowed on either side.
36. Where costs are allowed in a civil appeal they shall be taxable according
to the rules for the taxation of costs for the time being in force in Hast Africa.
FEES, ETC., ON APPEALS.
37. The following fees shall be taken by the Court of Appeal on setting au
appeal down for hearing in the Appeal Court list.
(A)—In Civil Matters.
Rs. cts.
(1) In final appeals where the amount or value of the subject
matter in dispute does not exceed 100 rupees ... me 18 0
Where the amount or value of the subject matter in dis-
pute exceeds 100 rupees: for every 100 rupees or part
thereof to 1,000 rupees ae ss ee
Where such amount or value exceeds 1,000 rupees: for
the first 1,000 rupees, 60 rupees; and for every 100
rupees or part thereof in excess of 1,000 rupees up to
5,000 rupees ede mbes bat ie ae ye 0
Where such amount or value exceeds 5,000 rupees: for
the first 5,000 rupees, 280 rupees; and for every 250
rupees or part thereof in excess of 5,000 rupees up to
_10,000 rupees oe ety as ats oes .. 10 0
Where such amount or value exceeds 10,000 rupees: for
the first 10,000 rupees, 480 rupees; and for every 500
rupees or part thereof in excess of 10,000 rupees up to
20,000 rupees 8s es ae mba Mae weg! U5 0
App. A.] Orders in Council. 941
Rs. cts.
Where such amount or value exceeds 20,000 rupees: for
the first 20,000 rupees, 780 rupees ; and for every 1,000
rupees or part thereof in excess of 20,000 rupees up to
30,000 rupees ae see wns aes sss .. 20 i)
Where such amount or value exceeds 30,000 rupees: for
the first 30,000 rupees, 980 rupees ; and for every 2,000
rupees or part thereof in excess of 30,000 se ts to
50,000 rupees ee aa site 5 “ 20 0
Where such amount exceeds 50,000 rupees: for the first
50,000 rupees, 1,180 rupees ; and for every 5,000 ee
or part thereof in excess of 50,000 rupees ae 20 0
(Provided that the maximum fee leviable shall be
2,000 rupees.)
(2) In appeals in which it is impossible to estimate the sub- {taken iat
ject matter in dispute at a money value o
High Court.
(3) In all interlocutory matters and motions ... ec ee 25 0
(4) In the event of an appeal not coming on for hearing, it
shall be discretionary with the Court to remit not more
than one-half the fees charged by it.
(B)—Criminal Matters.
(1) On setting appeal down for hearing a i .. 50 0
(Provided that the Court may reduce this fee in whole or
in part if in its opinion the circumstances warrant it.)
(C)—A ppeals to His Majesty in Council.
(1) On application for leave to appeal a a .. 80 0
(2) On making up the record of appeal such sum as the Court thinks fit.
The fee list at present in force in His Majesty’s High Court of East Africa,
or any other fee list that may be substituted for it, shall be deemed to be the list
of fees that shall be taken in matters other than those mentioned above.
ADDRESS.
38. All communications and applications should be addressed to :—
Tue REGISTRAR,
Hts Masesty’s Court or APPEAL FOR EASTERN AFRICA,
Mompasa,
East AFRICA PROTECTORATE.
942 Laws of the Uganda Protectorate. [App. A.
Puace.
39. The Court of Appeal shall ordinarily sit at Mombasa ; but may sit at such
other place from time to time as occasion may render necessary or convenient.
40. (1) The Court of Appeal shall hold two ordinary sessions in each year,
which shall commence on or as soon after the lst of March and the Ist of November
respectively as shall be found convenient. Notice of each such session and a cause
list shall be published by the Registrar in the Last Africa Gazette at least 14 days
before the time appointed for such session, and notice of each session ‘and so much
of the cause list as relates to appeals from Uganda and Nyasaland shall be pub-
lished in the respective Gazettes of those Protectorates at least one month before
the time appointed for such session ; but nothing herein shall prevent the Court
from sitting during vacation. ,
(2) Special sessions may be held at any time, when it may be considered
desirable by the senior member of the Court.
13TH January, 1910.
G. F. M. ENNIS,
Senior Member, H.M. Court of Appeal
for Eastern Africa.
J. W. BARTH,
Member.
ARTHUR T. BONHAM CARTER,
Member.
NOTICE.
Unver Tue Eastern AFrican Prorecrorates (Court oF APPEAL) ORDER
in Councit, 1909.
1. It is hereby notified that the Secretary of State has directed that the
seniority of the Judges who are the existing members of His Majesty’s Court of
Appeal for Eastern Africa shall be as follows :— ;
Judge Hamilton.
Judge Ennis.
Judge Morris Carter.
Judge Barth. :
Judge Griffin.
Judge Bonham Carter.
For all purposes of the above-mentioned Order in Council, the senior member
of the Court of Appeal means the senior member for the time being present in
one of the Protectorates.
2. The Secretary of State has appointed the Registrar for the time being of
the High Court of Hast Africa to be the Registrar of His Majesty’s Court of
Appeal for Eastern Africa.
ENTEBBE, ALEXANDER BOYLE.
147u January, 1910. Acting Governor.
App. A.] Orders in Council. 943
THE EASTERN AFRICAN PROTECTORATES (APPEAL
TO PRIVY COUNCIL) ORDER IN COUNCIL, 1909.
At the Court at Buckingham Palace, the 15th day of February,
1909.
PRESENT,
The King’s Most Excellent Majesty.
Archbishop of York. Lord Northcote.
Lord President. Mr. Secretary Gladstone.
Lord Chamberlain. Mr. Harcourt.
Lord Sandhurst. Sir J. C. Bigham.
Whereas by treaty, grant, usage, sufferance, and other lawful
means, His Majesty has power and jurisdiction within the East
Africa, Uganda and Nyasaland Protectorates (in this Order
referred to as “the said Protectorates ”) ;
And whereas by an Order in Council bearing even date with
this Order provision has been made for appeals from His Majesty’s
Courts in the said Protectorates to His Majesty’s Court of Appeal
for Eastern Africa;
And whereas it is expedient that further provision should be
made for regulating appeals from His Majesty’s Court of Appeal .
for Eastern Africa to His Majesty in Council;
Now therefore, His Majesty, by virtue and in exercise of the
powers in this behalf by “ ‘The Foreign Jurisdiction Act, 1890,” or
otherwise in His Majesty vested, is pleased, by and with the advice
ee Privy Council, to order, and it is hereby ordered, as
ollows :—
1. This Order may be cited as “ The Eastern African Protec-
torates (Appeal to Privy Council) Order in Council, 1909.”
944 Laws of the Uganda Protectorate. [App. A.
2. In this Order, unless the context otherwise requires :—
“ Appeal” means appeal to His Majesty in Council;
“His Majesty” includes His Majesty’s heirs and successors;
“ Judgment ” includes decree, order, sentence, or decision ;
“Court” means either the Full Court or one or more Judges of
His Majesty’s Court of Appeal for Eastern Africa according as the
matter in question is one which, under the Rules and practice of
His Majesty's Court of Appeal for Eastern Africa, properly
appertains to a Full Court or to one or more Judges;
“Record” means the aggregate of paper relating to an appeal
(including the pleadings, proceedings, evidence and judgments)
proper to be laid before His Majesty in Council on the hearing of
the appeal;
“Registrar ” means the Registrar or other proper officer having
the custody of the records in the Court appealed from;
“Month” means calendar month;
Words in the singular include the plural, and words in the
plural include the singular.
3. Subject to the provisions of this Order, an appeal shall
he—
(a) As of right from any final judgment of the Court, where
the matter in dispute on the appeal amounts to or is of the value of
€650 sterling or upwards, or where the appeal involves directly
or indirectly some claim or question to or respecting property
or some civil right amounting to or of the value of Rs. 10,000 or
upwards; and—
(b) At the discretion of the Court, from any other judgment
of the Court, whether final or interlocutory, if, in the opinion of
the Court, the question involved in the appeal is one which, by
reason of its great general or public importance or otherwise, ought
to be submitted to His Majesty in Council for decision.
Apr. A.] Orders in Council. 945
4. Where in any action or other proceeding no final judgment
can be duly given in consequence of a difference of opinion between
the Judges, the final judgment may be entered pro forma on the
application of any party to such action or other proceeding accord-
ing to the opinion of the senior member of the Court, or, in his
absence, of the member of the Court next in seniority, but such
judgment shall only be deemed final for purposes of an appeal
therefrom, and not for any other purpose.
5. Applications to the Court for leave to-appeal shall be made
by motion or petition within 21 days in the case of applications
from East Africa or Uganda, and within three months in the case
of applications from Nyasaland from the date of the judgment to
be appealed from, and the applicant shall give the opposite party
notice of his intended application.
6. Leave to appeal under Article 3 shall only be granted by
the Court in the first instance :—
(a) Upon condition of the appellant, within a period to be
fixed by the Court, but not exceeding three months from the date of
the hearing of the application for leave to appeal, entering into
good and sufficient security, to the satisfaction of the Court, in a
sum not exceeding Rs. 5,000, for the due prosecution of the appeal,
and the payment of all such costs as may become payable to the
respondent in the event of the appellant not obtaining an order
granting him final leave to appeal, or of the appeal being dismissed
for non-prosecution, or of His Majesty in Council ordering the
appellant to pay the respondent’s costs of the appeal (as the case
may be); and—
(b) Upon such other conditions (if any) as to the time or times
within which the appellant shall take the necessary steps for the
purpose of procuring the preparation of the record and the dis-
patch thereof to England as the Court, having regard to all the
circumstances of the case, may think it reasonable to impose.
7. Where the judgment appealed from requires the appellant
to pay money or perform a duty, the Court shall have power, when
granting leave to appeal, either to direct that the said judgment
shall be carried into execution, or that the execution thereof shall
be suspended pending the appeal, as to the Court shall seem just,
and in case the Court shall direct the said judgment to be carried
into execution, the person in whose favour it was given shall, before
the execution thereof, enter into good and sufficient security, to the
satisfaction of the Court, for the due performance of such order as
His Majesty in Council shall think fit to make thereon.
60
946 Laws of the Uganda Protectorate. fAre. A.
8. The preparation of the record shall be subject to the super-
vision of the Court, and the parties may submit any disputed
question arising in connection therewith to the decision of the
Court, and the Court shall give such directions thereon as the
justice of the case may require.
9. The Registrar, as well as the parties and their legal agents,
shall endeavour to exclude from the record all documents (more
particularly such as are merely formal) that are not relevant to the
subject matter of the appeal, and, generally, to reduce the bulk
of the record as far as practicable, taking special care to avoid the
duplication of documents and the unnecessary repetition of head-
ings and other merely formal parts of documents; but the docu-
ments omitted to be copied or printed shall be enumerated in a list
to be placed after the index or at the end of the record.
10. Where in the course of the preparation of a record one
party objects to the inclusion of a document on the ground that it
1S unnecessary or irrelevant, and the other party nevertheless
insists upon its being included, the record, as finally printed
(whether in any of the said Protectorates, or in England), shall,
with a view to the subsequent adjustment of the costs of and
incidental to such document, indicate in the index of papers, or
otherwise, the fact that, and the party by whom, the inclusion of
the document was objected to.
11. The record shall be printed in accordance with the Rules
set forth in the schedule hereto. It may be so printed either in any
of the said Protectorates or in England.
12. Where the record is printed in any of the said Protec-
torates, the Registrar shall, at the expense of the appellant, trans-
mit to the Registrar of the Privy Council 40 copies of such record,
one of which copies he shall certify to be correct by signing his name
on, or initialling, every eighth page thereof and by affixing thereto
the seal of the Court.
13. Where the record is to be printed in England the Registrar
shall, at the expense of the appellant, transmit to the Registrar of
the Privy Council one certified copy of such record, together with
an index of all the papers and exhibits in the case. No other cer-
tified copies of the record shall be transmitted to the agents
in England by or on behalf of the parties to the appeal.
14. Where part of the record is printed in any of the said
Protectorates and part is to be printed in England, Articles 12 and
13 shall, as far as practicable, apply to such parts as are printed
in the said Protectorate and such as are to be printed in England
respectively.
Apr. A.] Orders in Council. 947
15. The reasons given by the Judge, or any of the Judges, for
or against any judgment pronounced in the course of the pro-
ceedings out of which the appeal arises, shall by such Judge or
Judges be communicated in writing to the Registrar, and shall by
him be transmitted to the Registrar of the Privy Council at the
same time when the record is transmitted.
16. Where there are two or more applications for leave to
appeal arising out of the same matter, and the Court is of opinion
that it would be for the convenience of the Lords of the Judicial
Committee and all parties concerned that the appeals should be
consolidated, the Court may direct the appeals to be consolidated
and grant leave to appeal by a single order.
17. An appellant who has obtained an order granting him
conditional leave to appeal may at any time prior to the making
of an order granting him final leave to appeal withdraw his appeal
on such terms as to the costs and otherwise as the Court may
direct.
18. Where an appellant, having obtained an order granting
him conditional leave to appeal, and having complied with the
conditions imposed on him by such order, fails thereafter to apply
with due diligence to the Court for an order granting him final
leave to appeal, the Court may, on an application in that behalf
made by the respondent, rescind the order granting conditional
leave to appeal, notwithstanding the appellant’s compliance with
the conditions imposed by such order, and may give such directions
as to the costs of the appeal and the security entered into by the
appellant as the Court shall think fit, or make such further or other
order in the premises as, in the opinion of the Court, the justice of
the case requires.
19. On an application for final leave to appeal, the Court may
enquire whether notice, or sufficient notice, of the application has
been given by the appellant to all parties concerned, and, if not
satisfied as to the notices given, may defer the granting of the final
leave to appeal, or may give such other directions in the matter as,
in the opinion of the Court, the justice of the case requires.
20. An appellant who has obtained final leave to appeal shali
prosecute his appeal in accordance with the Rules for the time being
regulating the general practice and procedure in appeals to His
Majesty in Council.
60a
948 Laws of the Uganda Protectorate. [Apr. A.
21. Where an appellant, having obtained final leave to appeal,
desires, prior to the dispatch of the record to England, to withdraw
his appeal, the Court may, upon an application in that behalf
made by the appellant, grant him a certificate to the effect that the
appeal has been withdrawn, and the appeal shall thereupon be
deemed, as from the date of such certificate, to stand dismissed
without express order of His Majesty in Council, and the costs
of the appeal and the security entered into by the appellant shall
be dealt with in such manner as the Court may think fit to direct.
22. Where an appellant, having obtained final leave to appeal,
fails to show due diligence in taking all necessary steps for the
purpose of procuring the dispatch of the record to England, the
respondent may, after giving the appellant due notice of his
intended application, apply to the Court for a certificate that the
appeal has not been effectually prosecuted by the appellant, and if
the Court sees fit to grant such a certificate, the appeal shall be
deemed, as from the date of such certificate, to stand dismissed for
non-prosecution without express order of His Majesty in Council,
and the costs of the appeal and the security entered into by the
appellant shall be dealt with in such manner as the Court may
think fit to direct.
23. Where at any time between the order granting final leave to
appeal and the dispatch of the record to England, the record
becomes defective by reason of the death, or change of status, of a
party to the appeal, the Court may, notwithstanding the order
grant final leave to appeal, on an application in that behalf made
by any person interested, grant a certificate showing who, in the
opinion of the Court, is the proper person to be substituted or
entered on the record in place of, or in addition to, the party who
has died, or undergone a change of status, and the name of such
person shall thereupon be deemed to be so substituted or entered
on the record as aforesaid without express order of His Majesty
in Council.
24. Where the record subsequently to its dispatch to England
becomes defective by reason of the death or change of status of a
party to the appeal, the Court shall, upon an application in that
behalf made by any person interested, cause a certificate to be trans-
mitted to the Registrar of the Privy Council showing who, in the
opinion of the Court, is the proper person to be substituted, or
entered on the record, in place of, or in addition to, the party who
has died or undergone a change of status.
App, A.] Orders in Council. 949
25. The case of each party to the appeal may be printed either
in any of the said Protectorates or in England, and shall, in either
event, be printed in accordance with the Rules set forth in the
schedule hereto, every tenth line thereof being numbered in the mar-
gin, and shall be signed by at least one of the counsel who attends
at the hearing of the appeal, or by the party himself if he conducts
his appeal in person.
26. The case shall consist of paragraphs numbered consecu-
tively, and shall state as concisely as possible the circumstances out
of which the appeal arises, the contentions to be urged by the party
lodging the same, and the reasons of appeal. Reference by page
and line to the relevant portions of the record as printed shall,
as far as practicable, be printed in the margin, and care shall be
taken to avoid, as far as possible, the reprinting in the case of
long extracts from the record. The taxing officer, in taxing the
costs of the appeal, shall, either of his own motion, or at the
instance of the opposite party, inquire into any unnecessary pro-
lixity in the case, and shall disallow the costs occasioned thereby.
27. Where the Judicial Committee directs a party to bear the
costs of an appeal incurred in any of the said Protectorates such
costs shall be taxed by the proper officer of the Court in accordance
with the Rules for the time being regulating taxation in the Court.
28. The Court shall conform with, and execute, any order
which His Majesty in Council may think fit to make on an appeal
from a judgment of the Court in like manner as any original
judgment of the Court should or might have been executed.
29. Nothing in this Order contained shall be deemed to inter-
fere with the right of His Majesty upon the humble petition of any
person aggrieved by any judgment of the Court, to admit his
appeal therefrom upon such conditions as His Majesty in Council
shall think fit to impose.
30. This Order shall commence and have effect on such day as
may be fixed by notification in the London Gazette by one of His
Majesty’s Principal Secretaries of State.”
And the Earl of Crewe, K.G., one of His Majesty’s Principal
Secretaries of State, is to give the necessary directions herein
accordingly.
A. W. FITZROY.
3° This Order came into force on the lst January, 1910 ; see notice on page 950.
950 Laws of the Uganda Protectorate. [App. A.
SCHEDULE.
I. Records and cases in appeals to His Majesty in Council
shall be printed in the form known as Demy Quarto (i.e. 54 ems in
length, and 42 in width).
II. The size of the paper used shall be such that the sheet,
when folded and trimmed, will be 11 inches in height and 8} inches
in width.
III. The type to be used in the text shall be Pica type, but
Long Primer shall be used in printing accounts, tabular matter,
and notes.
IV. The number of lines in each page of Pica type shall be
47, or thereabouts, and every tenth line shall be numbered in the
margin.
NOotTIceE.
Unver Tue Eastern Arrican Prorscrorates (Court or APPEAL) ORDER IN
CounciL, 1909, anp Tue Eastern Arrican ProtrecroraTes (APPEAL TO
Privy CounciL) ORDER IN CouncrL, 1909.
His Majesty’s Principal Secretary of State has, by notification in ‘the
London Gazette, directed that The Eastern African Protectorates (Appeal to
Privy Council) Order in Council, 1909, and The Eastern African Protectorates
(Court of Appeal) Order in Council, 1909, shall come into force on and from
Ist January, 1910.
ENTEBBE, ALEXANDER BOYLE,
14H January, 1910. Acting Governor.
App. A.| Orders in Council. 951
ORDER IN COUNCIL APPLYING THE EVIDENCE
(COLONIAL STATUTES) ACT, 1907, TO CERTAIN
COUNTRIES, INCLUDING UGANDA.
At the Court at Buckingham Palace, the 18th day of October, 1909.
PRESENT,
The King’s Most Excellent Majesty.
Lord President. Mr. Samuel.
Master of the Horse. Sir Hudson Kearley.
Lord Sandhurst. Mr. Jamés Stuart.
Whereas by “The Evidence (Colonial Statutes) Act, 1907,” it
is provided that His Majesty may by Order in Council extend that
Act to Cyprus and any British Protectorate, and where so
extended that Act shall apply as if Cyprus or the Protectorate
were a British possession.
Now, therefore, His Majesty, by and with the advice of His
Majesty’s Privy Council, is pleased to order, and it is hereby
ordered, that the said Act shall extend to Cyprus and to the British
Protectorates named in the schedule hereto.
ALMERIC FITZROY.
SCHEDULE.
List of Protectorates to which this Order applies :—
Barotziland—North-Western Rhodesia.
Bechuanaland Protectorate. .
British East Africa.
North-Eastern Rhodesia.
Northern Nigeria.
Northern Territories of the Gold Coast.
Nyasaland.
Somaliland.
Southern Rhodesia.
Swaziland.
Uganda.
Wei-hai-wei.
Any protected island or territory for the time being within
the limits of The Pacific Order in Council, 1893.
952 Laws of the Uganda Protectorate. [App. B.
APPENDIX B.
AGREEMENTS.
BUGANDA.
The Uganda Agreement, 1900,
The Uganda Agreement (Poll Tax), 1904.
The Uganda Agreement (Judicial), 1905.
The Uganda Memorandum of Agreement (Forest), 1907.
The Uganda (Payment to Chiefs) Agreement, 1908.
TORO.
The Toro Agreement, 1900.
ANKOLE.
The Ankole Agreement, 1901.
The Uganda Agreement, 1900.
We, the undersigned, to wit, Sir Henry Hamilton Johnston,
K.C.B., Her Majesty’s Special Commissioner, Commander-in-
Chief and Consul-General for the Uganda Protectorate and the
adjoining territories, on behalf of Her Majesty the Queen of
Great Britain and Ireland, Empress of India, on the one part; and
the undermentioned Regents and chiefs of the Kingdom of Uganda
on behalf of the Kabaka (King) cf Uganda, and the chiefs and
people of Uganda, on the other part : do hereby agree to the fol-
lowing Articles relative to the government and administration of
the Kingdom of Uganda.’
1. The boundaries of the Kingdom of Uganda shall be the
following : Starting from the left bank of the Victoria Nile at the
Ripon Falls, the boundary shall follow the left bank of the
Victoria Nile into Lake Kioga, and thence shall be continued
along the centre of Lake Kioga, and again along the Victoria
Nile as far as the confluence of the River Kafu, opposite the
town of Mruli. From this point the boundary shall be carried
along the right or eastern bank of the River Kafu, up stream, as far
1 Now known as Buganda; see proclamation of the 27th June, 1908, xtc, page 898.
App. B.] Agreemenis. 953
as the junction of the Kafu and Embaia. From this point the
boundary shall be carried in a straight line to the River Nkusi, and
shall follow the left bank of the River Nkusi down stream to its
entrance into the Albert Nyanza. The boundary shall then be
carried along the coast of the Albert Nyanza in a south-westerly
direction as far as the mouth of the River Kuzizi, and thence shall
be carried up stream along the right bank of the River Kuzizi to
near its source. From a point near the source of the Kuzizi and near
the village of Kirola (such point to be finally determined by Her
Majesty’s Commissioner at the time of the definitive survey of
Uganda) the boundary shall be carried in a south-westerly direc-
tion until it reaches the River Nabutari, the left bank of which it
will follow down stream to its confluence with the River Katonga.
The boundary shall then be carried up stream along the left
bank of the River Katonga, as far as the point opposite the
confluence of the Chungaga, after which, crossing the Katonga,
the boundary shall be carried along the right bank of the
said Chungaga river, up stream to its source; and from its source
the boundary shall be drawn in a south-easterly direction to the
point where the Byoloba River enters Lake Kachira; and shall
then be continued along the centre of Lake Kachira to its south-
eastern extremity, where the River Bukova leaves the lake, from
which point the boundary shall be carried in a south-easterly
direction to the Anglo-German frontier. The boundary shall then
follow the Anglo-German frontier to the coast of the Victoria
Nyanza, and thence shall be drawn across the waters of the
Victoria Nyanza in such a manner as to include within the
limits of the Kingdom of Uganda the Sese Archipelago (including
Kosi and Mazinga), Ugaya, Lufu, Igwe, Buvuma, and Lingira
Islands. The boundary, after including Lingira Islands, shall be
carried through Napolean Gulf until it reaches the starting point
of its definition at Bugungu at the Ripon Falls on the Victoria
Nile. To avoid any misconception it is intended by this definition
to include within the boundaries of Uganda all the islands lying
off the north-west coast of the Victoria Nyanza in addition to
those specially mentioned.
2. The Kabaka and chiefs of Uganda hereby agree henceforth
to renounce in favour of Her Majesty the Queen any claims to
tribute they may have had on the adjoining provinces of the
Uganda Protectorate.
3. The Kingdom of Uganda in the administration of the
Uganda Protectorate shall rank as a province of equal rank with
any other provinces into which the Protectorate may be divided.
4, The revenue of the Kingdom of Uganda, collected by the
Uganda Administration, will be merged in the general revenue
954 Laws of the Uganda Protectorate. [Ape. B.
of the Uganda Protectorate, as will that of the other provinces of
this Protectorate.
5. The laws made for the general governance of the Uganda
Protectorate by Her Majesty’s Government will be equally applic-
able to the Kingdom of Uganda, except in so far as they may in
any particular conflict with the terms of this agreement, in which
case the terms of this agreement will constitute a special exception
in regard to the Kingdom of Uganda.
6. So long as the Kabaka, chiefs, and people of Uganda shall
conform to the laws and regulations instituted for their governance
by Her Majesty’s Government, and shall co-operate loyally with.
Her Majesty’s Government in the organisation and administration
of the said Kingdom of Uganda, Her Majesty’s Government agrees
-to recognise the Kabaka of Uganda as the native ruler of the
province of Uganda under Her Majesty’s protection and over-rule.
The King of Uganda shall henceforth be styled His Highness the
Kabaka of Uganda. On the death of a Kabaka, his successor shall
be elected by a majority of votes in the Lukiko, or native council.
The range of selection, however, must be limited to the Royal Family
of Uganda, that is to say, to the descendants of King Mutesa. The
name of the person chosen by the native council must be submitted
to Her Majesty’s Government for approval, and no person shall
be recognised as Kabaka of Uganda whose election has not received
the approval of Her Majesty's Government. The Kabaka of
Uganda shall exercise direct rule over the natives of Uganda, to
whom he shall administer justice through the Lukiko, or native
council, and through others of his officers in the manner approved
by Her Majesty’s Government.? The jurisdiction of the native
Court of the Kabaka of Uganda, however, shall not extend to any
person not a native of the Uganda province. The Kabaka’s Courts
shall be entitled to try natives for capital crimes, but no death
sentence may be carried out by the Kabaka, or his Courts, without
the sanction of Her Majesty’s representative in Uganda. More-
over, there will be a right of appeal from the native Courts to the
principal Court of Justice established by Her Majesty in the king-
dom of Uganda as regards all sentences which inflict a term of
more than five years’ imprisonment or a fine of over £1002 In the
case of any other sentences imposed by the Kabaka’s Courts, which
may seem to Her Majesty’s Government disproportioned or incon-
sistent with humane principles, Her Majesty’s representative in
Uganda shall have the right of remonstrance with the Kabaka,
who shall, at the request of the said representative, subject such
sentence to reconsideration.
* Cases may be transferred by the Governor, with the consent of the Kabaka, from native to
British Courts ; see The Uganda Agreement (Jndivial), 1905, Article 3, post, page 980.
8 Of. Article 11, and sce now The Uganda Agreement (Judicial), 1905, Article 4, post, page 981.
App. B.| Agreements. 955
The Kabaka of Uganda shall be guaranteed by Her Majesty’s
Government from out of the local revenue of the Uganda Protec-
torate a minimum yearly allowance of £1,500 a year. During
the present Kabaka’s minority, however, in lieu of the above-
mentioned subvention, there will be paid to the master of his
household, to meet his household expenditure, £650 a year, and
during his minority the three persons appointed to act as Regents
will receive an annual salary of £400 a year. Kabakas of Uganda
will be understood to have attained their majority when they have
reached the age of 18 years. The Kabaka of Uganda shall be
entitled to a salute of nine guns on ceremonial occasions when such
salutes are customary.
7. The Namasole, or mother of the present Kabaka (Chua),
shall be paid during her lifetime an allowance at the rate of £50
a year. This allowance shall not necessarily be continued to the
‘mothers of other Kabakas.
8. All cases, civil or criminal, of a mixed nature, where natives
of the Uganda province and non-natives of that province are
concerned, shall be subject to British Courts of Justice only.
9. For purposes of native administration the kingdom of
Uganda shall be divided into the following districts or administra-
tive counties :—-
1. Kiagwe.
2. Bugerere.
3. Bulemezi.
4. Buruli.
5. Bugangadzi.
6. Buyaga.
7. Bwekula.
8. Singo.
9. Busuju.
10. Gomba (Butunzi).
11. Butambala (Bweya).
12. Kiadondo.
13. Busiro.
14. Mawokota.
15. Buvuma.
16. Sese.
17. Buddu.
18. Koki.
19. Mawogola.
20. Kabula.
At the head of each county shall be placed a chief who shall be
selected by the Kabaka’s Government, but whose name shall be
956 Laws of the Uyunda Protectorate. [Ape. B.
submitted for approval to Her Majesty’s representative. This
chief, when approved by Her Majesty’s representative, shall be
guaranteed from out of the revenue of Uganda a salary at the rate
of £200 a year.* To the chief of a county will be entrusted by
Her Majesty’s Government, and by the Kabaka, the task of admini-
stering justice amongst the natives dwelling in his county,’ the
assessment and collection of taxes, the up-keep of the main roads,
and the general supervision of native affairs. On all questions but
the assessment and collection of taxes the chief of the county will
report direct to the King’s native ministers, from whom he will
receive his instructions. When arrangements have been made by
Her Majesty's Government for the organisation of a police force in
the province of Uganda, a certain number of police will be placed
at the disposal of each chief of a county to assist him in maintain-
ing order. For the assessment and payment of taxes, the chief of a
county shall be immediately responsible to Her Majesty’s repre-
sentative, and should he fail in his duties in this respect, Her
Majesty’s representative shall have the right to call upon the
Kabaka to dismiss him from his duties and to appoint another
chief in his stead. In each county an estate, not exceeding an area
of eight square miles, shall be attributed to the chieftainship of a
county, and its usufruct shall be enjoyed by the person occupying,
for the time being, the position of chief of the county.
10. To assist the Kabaka of Uganda in the government of his
people he shall be allowed to appoint three native officers of state,
with the sanction and approval of Her Majesty’s representative
in Uganda (without whose sanction such appointments shall not
be valid) :—-A Prime Minister, otherwise known as Katikiro; a
Chief Justice; and a Treasurer or Controller of the Kabaka’s
revenues. These officials shall be paid at the rate of £300 a year.
Their salaries shall be guaranteed them by Her Majesty’s Govern-
ment from out of the funds of the Uganda Protectorate. During
the minority of the Kabaka these three officials shall be constituted
the Regents, and when acting in that capacity shall receive salary
at the rate of £400 a year. Her Majesty’s chief representative in
Uganda shall at any time have direct access to the Kabaka, and
shall have the power of discussing matters affecting Uganda with
the Kabaka alone or, during his minority, with the Regents; but
ordinarily the three officials above designated will transact most of
the Kabaka’s business with the Uganda Administration. The
Katikiro shall be ea officio the President of the Lukiko, or native
council; the Vice-President of the Lukiko shall be the native Min-
ister of Justice, for the time being; in the absence of both Prime
Minister and Minister of Justice, the Treasurer of the Kabaka’s
revenues, or third minister, shall preside over the meetings of the
Lukiko.
4 See The Uganda (Payment to Chiefs) Agreement, 1908, following, page 989.
5 See The Uganda Agreement (Judicial), 1905, following, page 980.
Arr. B.] Agreements, 957
11. The Lukiko, or native council, shall be constituted as
‘+ follows :—
In addition to the three native ministers, who shall be ex officio
senior members of the council, each chief of a county (twenty in
all) shall be ex officio a member of the council. Also each chief of
a county shall be permitted to appoint a person to act as his lieu-
tenant in this respect to attend the meetings of the council during
his absence, and to speak and vote in his name. The chief of a
county, however, and his lieutenant may not both appear simul-
taneously at the council. In addition, the Kabaka shall select from
each county three notables, whom he shall appoint during his
pleasure, to .be members of the Lukiko or native council. The
Kabaka may also, in addition to the foregoing, appoint six other
persons of importance in the country to be members of the native
council. The Kabaka may at any time deprive any individual of
the right to sit) on the native council, but in such a case shall
intimate his intention to Her Majesty’s representative in Uganda,
and receive his assent thereto before dismissing the member. The
functions of the council will be to discuss all matters concerning
the native administration of Uganda, and to forward to the Kabaka
resolutions which may be voted by a majority regarding measures
to be adopted by the said administration. The Kabaka shall fur-
ther consult with Her Majesty's representative in Uganda before
giving effect to any such resolutions voted by the native council,
and shall, in this matter, explicitly follow the advice of Her
Majesty’s representative. The Lukiko, or a committee thereof,
shall be a Court of Appeal from the decisions of thé Courts of
First Instances held by the chiefs of counties.* In all cases affect-
ing property exceeding the value of £5, or imprisonment exceeding
one week, an appeal for revision may be addressed to the Lukiko.
In all cases involving property or claims exceeding £100 in value,
or a sentence of imprisonment exceeding five years, or sentences of
death, the Lukiko shall refer the matter to the consideration of the
Kabaka, whose decision when countersigned by Her Majesty’s
chief representative in Uganda shall be final.” The Lukiko shall not
decide any questions affecting the persons or property of Europ-
eans or others who are not natives of Uganda. No person may be
elected to the Lukiko who is not a native of the Kingdom of Uganda.
No question of religious opinion shall be taken into consideration
in regard to the appointment by the Kabaka of members of the
Council. In this matter he shall use his judgment and abide
by the advice of Her Majesty’s representative, assuring in this
manner a fair proportionate representation of all recognised
expressions of religious belief prevailing in Uganda.
* See now The Uganda Agreement (Judicial), 1905, and note to Article 1 thereof, post, page 980.
” Cf. Article 6,and see now The Ugands Agreement (Judicial), 1905, Article 4, post, page 981.
958 Laws of the Uganda Protectorate. (Ape. B.
12. In order to contribute to a reasonable extent towards the
general cost of the maintenance of the Uganda Protectorate, there
shall be established the following taxation for Imperial purposes,
that is to say, the proceeds of the collection of these taxes shall be
handed over intact to Her Majesty’s representative in Uganda as
the contribution of the Uganda province towards the general
revenue of the Protectorate.
The taxes agreed upon at present shall be the following :—
(az) A hut tax of three rupees, or 4s. per annum, on any
house, hut, or habitation, used as a dwelling place.’
(b) A gun tax of three rupees, or 4s. per annum, to be paid by
any person who possesses or uses a gun, rifle, or pistol.®
The Kingdom of Uganda shall be subject to the same Customs
Regulations, Porter Regulations,” and so forth, which may, with
the approval of Her Majesty, be instituted for the Uganda Protec-
torate generally, which may be described in a sense as exterior
taxation, but no further interior taxation, other than the hut tax
and gun tax, shall be imposed on the natives of the province of
Uganda without the agreement of the Kabaka," who in this matter
shall be guided by the majority of votes in his Native Council. This
arrangement, however, will not affect the question of township
rates, lighting rates, water rates, market dues, and so forth, which
may be treated apart as matters affecting municipalities or town-
ships; nor will it absolve natives from obligations as regards mili-
tary service, or the up-keep of main roads passing through the
lands on which they dwell. A hut tax shall be levied on any build-
ing which is used as a dwelling place. A collection of not more
than four huts, however, which are in a separate and single en-
closure and are inhabited only by a man and his wife, or wives, may
be counted as one hut. The following buildings will be exempted
from the hut tax : temporary shelters erected in the fields for the
purpose of watching plantations; or rest houses erected by the road-
side for passing travellers; buildings used solely as tombs, churches,
mosques, or schools, and not slept in or occupied as a dwelling; the
residence of the Kabaka and his household (not to exceed fifty
buildings in number); the residence of the Namasole, or Queen
Mother (not to exceed twenty in number); the official residences of
the three native Ministers, and of all the chiefs of counties (not to
exceed ten buildings in number); but in the case of dispute as to
the liability of a building to pay hut tax, the matter must be
8 See The Uganda Agreement (Poll Tax), 1909, following, page 990, and The Poll Tax Ordi-
nances, 1909, and proclamation of the 17th November, 1909, thereunder, ante, page 250 by virtue of
which a poll tax of five rupees is now substituted in Buganda for the hut tax. ;
9 For gun tax, see Arms and Ammunition, Chapter 10, ante.
10 For the regulations dealing with porters, sce Labour, Chaptor 45, ate.
4 See note 8, above.
App. B.] Agreements. 959
referred to the Collector for the province of Uganda, whose decision
must be final. The Collector of a province may also authorise the
chief of a county to exempt from taxation any person whose con-
dition of destitution may, in the opinion of the Collector, make the
payment of such tax an impossibility. By Collector is meant the
rincipal British official representing the Uganda Administration
in the province of Uganda. The Representative of Her Majesty's
Government in the Uganda Protectorate may from time to time
direct that in the absence of current coin, a hut or gun tax may be
paid in produce or in labour, according to a scale which shall be
laid down by the said Representative. As regards the gun tax, it
will be held to apply to any person who possesses or makes use of a
gun, rifle, pistol, or any weapon discharging a projectile by the
aid of gunpowder, dynamite, or compressed air. The possession of
any cannon or machine gun is hereby forbidden to any native of
Uganda. A native who pays a gun tax may possess or use as
many as five guns. For every five or for every additional gun
up to five, which he may be allowed to possess or use, he will have to
pay another tax. Exemptions from the gun tax will, however, be
allowed to the following extent :—
The Kabaka will be credited with fifty gun licences free, by
which he may arm as many as fifty of his household. The Queen
Mother will, in like manner, be granted ten free licences annually,
by which she may arm as many as ten persons of her household;
each of the three native ministers (Katikiro, Native Chief Justice,
and Treasurer of the Kabaka’s revenue) shall be granted twenty
free gun licences annually, by which they may severally arm twenty
persons of their household. Chiefs of counties will be similarly
granted ten annual free gun licences; all other members of the
Lukiko or native council, not chiefs of counties, three annual gun
licences, and all landed proprietors in the country, with estates
exceeding 500 acres in extent, one free annual gun licence.
13. Nothing in this agreement shall be held to invalidate the
pre-existing right of the Kabaka of Uganda to call upon every
able-bodied male among his subjects for military service in defence
of the country; but the Kabaka henceforth will only exercise this
right of conscription, or of levying native troops, under the advice
of Her Majesty’s principal representative in the Protectorate. In
times of peace, the armed forces, organised by the Uganda Admini-
stration will probably be sufficient for all purposes of defence; but
if Her Majesty’s representative is of opinion that the force of
Uganda should be strengthened at any time, he may call upon the
Kabaka to exercise in a full or in a modified degree his claim on the
Baganda people for military service. In such an event the arming
and equipping of such force would be undertaken by the admini-
stration of the Uganda Protectorate.
\
960 Laws of the Uganda Protectorate. [ Arr. B.
14. All main public roads traversing the Kingdom of Uganda,
and all roads the making of which shall at any time be decreed
by the native council with the assent of Her Majesty's representa-
tive, shall be maintained in good repair by the chief of the Saza
(or county) through which the roads run. The chief of a county
shall have the right to call upon each native town, village, or
commune, to furnish labourers in the proportion of one to every
three huts or houses, to assist in keeping the established roads in
repair, provided that no labourers shall be called upon to work
on the roads for more than one month in each year. Europeans and
all foreigners whose lands abut on established main roads, will
be assessed by the Uganda Administration and required to furnish
either labour or to pay a labour rate in money as their contribution
towards the maintenance of the highways. When circumstances
permit, the Uganda Administration may further make grants from
out of its Public Works Department for the construction of new
roads or any special repairs to existing highways, of an unusually
expensive character.
15. The land of the Kingdom of Uganda shall be dealt with in
the following manner :—”
Assuming the area of the Kingdom of Uganda, as comprised
within the limits cited in this agreement, to amount to 19,600 square
miles, it shall be divided in the following proportions :—
Square iniles.
Forests to be brought under control of the Uganda
administration... see a ies ie 1,500"
Waste and uncultivated land to be vested in Her
Majesty’s Government, and to be controlled by
the Uganda Administration vee ie
Plantations and other private property of His
Highness the Kabaka of Uganda ode gi 350
Plantations and other private property of the
Namasole he one bes me on 16
(Note-—If the present Kabaka died and another
Namasole were appointed, the existing one
would be permitted to retain as her personal
property 6 square miles, passing on 10 square
miles as the endowment of every succeeding
Namasole.)
Plantations and other private property of the
Namasole, mother of Mwanga ... oe ee 10
To the Princes : Joseph, Augustine, Ramazan, and
Yusufu-Suna, 8 square miles each... aa 32
For the Princesses, sisters, and relations of the
Kabaka _.... Sat Bas oe Ne ae 90
12 For the tenure of native official and private estates in Buganda, sce The Land Law, 1908,
following, page 972; The Land Law, 1909, page 976, and The Land Law (Survey), 1909, page 977.
® See The Uganda Memorandum of Agreement (Forest), 1907, following, page 983. a
9,000
App. B.] Agreements.
961
Square miles.
To the Abamasaza (chiefs of counties) twenty
in all, 8 square miles each (private
property) ... ae sie ni .. 160
Official estates attached to the posts of the
Abamasaza, 8 square miles each .. 160
The three Regents wili receive private pro-
perty to the extent of 16 square miles
each ar sis ce hes ae 48
And official property attached to their office,
16 square miles each, the said official pro-
perty to be afterwards attached to the
posts of the three native ministers... 48
Mbogo (the Muhammedan chief) will receive for him-
self and his adherents
Kamswaga, chief of Koki, will receive
One thousand chiefs and private landowners will
receive the estates of which they are already in
possession, and which are computed at an aver-
age area of 8 square miles per individual, mak-
ing a total of vse
There will be allotted to the three missionary societies
in existence in Uganda as private property, and
in trust for the native churches, as much as ...
Land taken up by the Government for Government
stations prior to the present settlement (at
Kampala, Entebbe, Masaka, etc., etc.) ...
Total
320
96
24
20
8,000
92
50
19,600
After a careful survey of the Kingdom of Uganda has been
made, if the total area should be found to be less than 19,600, then
that portion of the country which is to be vested in Her Majesty’s
Government shall be reduced in extent by the deficiency found to
exist in the estimated area. Should, however, the area of Uganda
be established at more than 19,600 square miles, then the surplus
shall be dealt with as follows :—
It shall be divided into two parts, one-half shall be added to
that amount of land which is vested in Her Majesty’s Government,
and the other half will be divided proportionately among the pro-
6]
962 Laws of the Uganda Protectorate. fApp. B.
perties of the Kabaka, the three Regents or Native Ministers, and
the Abamasaza, or chiefs of counties.
The aforesaid 9,000 square miles of waste or cultivated, or un-
cultivated land, or land occupied without prior gift of the Kabaka
or chiefs by Bakopi or strangers, are hereby vested in Her Majesty
the Queen of Great Britain and Ireland, Empress of India, and
Protectress of Uganda, on the understanding that the revenue
derived from such lands shall form part of the genera] revenue of
the Uganda Protectorate.
The forests, which will be reserved for Government control,
will be, as a rule, those forests over which no private claim can be
raised justifiably, and will be forests of some continuity, which
should be maintained as woodland in the general interests of the
country.”
As regards the allotment of the 8,000 square miles among the
1,000 private landowners, this will be a matter to be left to the
decision of the Lukiko, with an appeal to the Kabaka. The Lukiko
will be empowered to decide as to the validity of claims, the number
of claimants and the extent of land granted, premising that the
total amount of land thus allotted amongst the chiefs and accorded
to native landowners of the country is not to exceed 8,000 square
miles."
Europeans and non-natives, who have acquired estates, and
whose claims thereto have been admitted by the Uganda Admini-
stration, will receive title-deeds for such estates in such manner
and with such limitations, as may be formulated by Her Majesty’s
representative. The official estates granted to the Regents, Native
Ministers, or chiefs of counties, are to pass with the office, and their
use is only to be enjoyed by the holders of the office.
Her Majesty’s Government, however, reserves to itself the
right to carry through or construct roads, railways, canals, tele-
graphs, or other useful public works, or to build military forts
or works of defence on any property, public or private, with the
condition that not more than 10 per cent. of the property in
question shall be taken up for these purposes without compensation,
and that compensation shall be given for the disturbance of growing
crops or of buildings.”
16. Until Her Majesty’s Government has seen fit to devise and
promulgate forestry regulations, it is not possible in this agree-
ment to define such forest rights as may be given to the natives of
Uganda; but it is agreed on behalf of Her Majesty’s Government,
that in arranging these forestry regulations, the claims of the
13 See The Uganda Memorandum of Agreement (Forest), 1907, following.
14 See note and memorandum printed at the end of this Agreement.
16 The Indian Land Acquisition Act, 1894, with moditications, applies to the Protectorate; see
No, 15 of 1899, ante, page 129, and see Section 6 of The Land Law, 1908, post, page 975, ;
App. B.] Agreements. 963
Baganda people to obtain timber for building purposes, firewood,
and other products of the forests or uncultivated lands, shall be
taken into account, and arrangements made by which under due
safeguards against abuse these rights may be exercised gratis."
17. As regards mineral rights'’< The rights to all minerals
‘found on private estates shall be considered to belong only to the
owners of those estates, subject to a 10 per cent. ad valorem duty,
which will be paid to the Uganda Administration when theminerals
are worked. On the land outside private estates, the mineral rights
shall belong to the Uganda Administration, which, however, in
return for using or disposing of the same must compensate the
occupier of the soil for the disturbance of growing crops or build-
ings, and will be held liable to allot to him from out of the spare
lands in the Protectorate an equal area of soil to that from which he
has been removed. On these waste and uncultivated lands of the
Protectorate, the mineral rights shall be vested in Her Majesty’s
Government as represented by the Uganda Administration. In like
manner the ownership of the forests, which are not included within
the limits of private properties, shall be henceforth vested in Her
Majesty's Government.
18. In return for the cession to Her Mayjesty’s Government
of the right of control over 10,550 square miles of waste, cultivated,
uncultivated, or forest lands, there shall be paid by Her Majesty’s
Government in trust for the Kabaka (upon his attaining his major-
ity) a sum of £500, and to the three Regents collectively, £600,
namely, to the Katikiro £300, and the other two regents £150 each.
19. Her Majesty’s Government agrees to pay to the Muhamme-
dan Uganda chief, Mbogo, a pension for life of £250 a year, on the
understanding that all rights which he may claim (except such as
are guaranteed in the foregoing clauses) are ceded to Her Majesty’s
Government.
20. Should the Kingdom of Uganda fail to pay to the Uganda
Administration during the first two years after the signing of this
agreement, an amount of native taxation, equal to half that which
1s due in proportion to the number of inhabitants; or should it at any
time fail to pay without just cause or excuse, the aforesaid mini-
mum of taxation due in proportion to the population; or should
the Kabaka, chiefs, or people of Uganda, pursue, at any time, a
policy which is distinctly disloyal to the British Protectorate; Her
Majesty’s Government will no longer consider themselves bound
by the terms of this Agreement.
18 See Chapter 27, Forests, ante, and The Uganda Memorandum of Agreement (Forest), 1907,
Article 2, following.
” See Sections 2 (i) and 5 (ce) of The Land Law, 1908, post, pages 974 and 975,
61a
964 Laws of the Uganda Protectorate. [App. B.
On the other hand, should the revenue derived from the hut
and gun tax exceed two years running a total value of £45,000
a year, the Kabaka and chiefs of counties shall have the right to
appeal to Her Majesty’s Government for an increase in the subsidy
given to the Kabaka, and the stipends given to the Native Ministers
and chiefs, such increase to be in the same proportional relation
as the increase in the revenue derived from the taxation of the
natives.
21. Throughout this Agreement the phrase “ Uganda Admini-
stration” shall be taken to mean that general government of the
Uganda Protectorate, which is instituted and maintained by Her
Majesty’s Government; “ Her Majesty’s representative ” shall mean
the Commissioner, High Commissioner, Governor, or principal
official of any designation who is appointed by Her Majesty’s
Government to direct the affairs of Uganda.
22. In the interpretation of this agreement the English text
shall be the version which is binding on both parties.
Done in English and Luganda at Mengo, in the Kingdom of
Uganda, on the 10th March, 1900.
H. H. JOHNSTON, Her Majesty's Special Commissioner,
Commander-in-Chief and Consul-General, on
behalf of Her Majesty the Queen of Great
Britain and Ireland, Empress of India.
(Seal)
APOLLO, Kattkiro, Regent.
MUGWANYA, Katikiro, Regent.
MBOGO NOHO, his x mark.
ZAKARIA KIZITO, Kangawo, Regent.
SEBAUA, Pokino.
YAKOBO, Kago.
PAULO, Mukwenda.
KAMSWAGA, of Koki, his x mark.
(On behalf of the Kabaka, chiefs, and people of Uganda.)
App. B.] Agreements. 965
Witnesses to the above signatures :
F. J. Jackson, Her Majesty's Vice-Consul.
J. Evatt, Lieutenant-Colonel.
JAMES FRANCIS CUNNINGHAM.
ALFRED R. Tucker, Bishop of Uganda.
Henry Hanton, Vicar Apostolic of the Upper Nile.
E. Bresson (for Mgr. Streicher, White Fathers)
R. H. WALKER.
Matayo, Mujast.
Latusa, Sekibobo.
Matayo, Kaima.
Yoxwana, Kitunzi.
SanTI SEMINDI, Kasuju.
ANDEREA, Kimbugwe.
SEREME, Mujasi, his x mark.
CypRiEN LUWEKULA.
Nova, Jumba Gabunga.
Ferinp1, Kyabalango.
SAULO, Lumana.
Yoxano Bunso, Katikiro of Namasole.
YosEeru, Katambalwa.
ZAKAYO, Kivate.
Hezikiya, Namutwe.
Ault, Mwenda, his x mark.
NsELWANO, Muwemba.
SEMIONI SEBUTA, Mutengesa.
Nsovu Yusuru, Kitambala, his x mark.
Kata, Nsege.
The following memoranda with regard to The Uganda Agreement, 1900,
were published in a book containing the Native Agreements printed by the
Government in 1905.
NOTE ON LAND SETTLEMENT.
13TH OcrosER, 1900.
_ The accompanying document (original filed in land register file) is rather an
important statement respecting the land settlement in Uganda. When the Special
Commissioner allotted 8,000 (eight thousand) square miles out of the land in
Uganda to be divided amongst private land-holders, it was found in the final
966 Laws of the Uganda Protectorate. [Ape. B.
distribution that when each person had received full satisfaction of his claim
that there still remained over a certain quantity of land undistributed. This
land was then further divided up in the proportion set forth in the accompanying
table in Luganda (filed in the land register file), and this redistribution has
received the Commissioner’s approval, subject always to this proviso, that if the
final survey shall show that the Lukiko or native council has been deceived in its
measurements, all estates shall be liable to be reduced so that a totality of the
land handed over under this provision ‘shall not exceed the 8,000 square miles
agreed upon (see Agreement in the agreement file).
Dictated by H.M. Special Commissioner and Commander-in-Chief.
J. F. CUNNINGHAM,
131TH Ocroser, 1900. Secretary.
TRANSLATION.
Menco, 25TH Jury, 1900.
These 8,000 miles which we have given out to all the Chiefs, ‘‘Basaza,’’ 2nd
grade Chiefs and other Sub-Chiefs and there is no bitterness among them, and
we have divided the 1,200 miles as follows :-—
Kabaka 100
Katikiro 26
Mugwanya ... 23
Kisingiri 20
Mbogo 4
Namasole 10
Lubuga 5
Abambeja 10
: 198
Also to each Saza we divided this :—
1 Sekibobo ... 14 all the miles of his Chief 79
2 Mukwenda .. 14 do, do. 78
3 Pokino woe LA do. do. 78
4 Kangawo . 14 ‘do. do. 57
5 Kago wae: 8 do. do. 42
6 Mugema . 18 do. do. 52
These amount to 82 The total is 386.
The Mugema is given more than the other Basaza because he has lost many
of his gardens.
App. B.] Agreements. 967
7 Kaima ... be ... 9 all the miles of his Chief 31
8 Luwekula whe sxe 12 do. do. 32
9 Kyambalango ae 8 do. do. 22
10 Kiimba didks Seg EC do. do. 14
11 Kamuswaga 15 do. do. 5
12 Kimbugwe 8 do. do. 22
13 Lumama 7 do. do. 13
14 Kweba 6 do. do. 14
15 Mutesa 6 do. do. 14
16 Mbubi 6 do. do. 14
17 Mulondo 7 do. do. 14
18 Kitunzi 6 do. do. 14
19 Katambala 5 do. do. 9
20 Kasuju ; Ede dod do. do. 9
Abamasaza 189 ——
All the miles of the Sub-Chiefs. 613
King and his Chiefs... .. 198
The Bamasaza a3 .. «189
The Sub-Chiefs des .. ©6138
The total ... ... 1,000
Of these we noted some had lost many miles, so we gave them more.
There are 200 miles still to be distributed.
Port ALIcE,
13TH Fesruary, 1900.
MEMORANDUM.
In accordance with the verbal agreement arrived at to-day between myself
and the Katikiro, Kangao, and Mugwanya, as soon as a survey of Uganda has
been made I promise to allot the following areas of land in further compensation
to the persons named :—
To the Katikiro Apollo... 20 square miles.
To Mugwanya ... eee, (ARDS 9p »
To Kangao nee nee 10 ” »”
_ In addition I will give Apollo 100 Government cattle from the Kavirondo
district, either Mumias or Ugowe, whenever he is ready to send his men for them,
provided of course that the agreement now being translated is signed.
H. H. JOHNSTON,
A.M. Special Commissioner and Commander-in-Chief.
968 Laws of the Uganda Protectorate. [App. B.
The following are translations of native Buganda laws, enacted since the
date of the Agreement, which have been submitted to the Governor, who was
pleased not to disapprove of them.*
THE Kinepom oF UGanpDa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
Whereas it is expedient to make a law for the compulsory vaccination of
children, to prevent the spread of small-pox in our country—
It is hereby enacted as follows : —
1. This law may be called ‘‘ The Vaccination Law, 1904.’’
2. The parents or persons having the custody of children not already
vaccinated shall take such children to the doctor to be vaccinated, and obey his
directions. i
3. Any person neglecting to obey the laws shall be guilty of an offence, and
be punishable with a fine not exceeding one rupee.
Dated at Mengo this 28th day of April, 1904.
For the Kapaka,
APOLO KAGWA, Katikiro, Regent.
STANISLAS MUGWANYA, Regent.
ZAKARIA KISINGIRI, Regent.
Regents.
Tue Kinepom or Ucanpa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
It is hereby enacted as follows :—
1. This law may be called ‘‘ The Rape Law, 1904.’’
2. If any man is convicted of raping a young girl under the age of 12 years
without her consent, he shall be guilty of an offence, and punishable with imprison-
ment not exceeding 5 years, and if the girl dies as a result of such rape, he shall
be punishable with imprisonment not exceeding 15 years.
3. If any person has connection with a young girl under the age of 15 years
with her consent, he shall be guilty of an offence and punishable with imprison-
ment not exceeding two years.
Dated at Mengo this 16th day of June, 1904.
For the Kapaka,
APOLO KAGWA, Katikiro, Regent.
STANISLAS MUGWANYA, Omulamuzi, Regent.
YAKOBO KAGO KULWA Z. KISINGIRI, Regent.
Regents.
* A translation of The Land Transfer Law, 1904, is not printed here, as the law was repealed by
The Land Law, 1908.
App. B.] Agreements. 969
Tue Kinepom or Ucanpa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
It is hereby enacted as follows :—
1. This law may be called ‘‘ The Prevention of Abortion Law, 1904.’
2. No person shall give a woman medicine or do any other act with intent
to cause abortion.
3. Any person who breaks this law shall be guilty of an offence, and punish-
able with imprisonment not exceeding two years.
Dated at Mengo this 16th day of June, 1904.
For the Kapaka,
APOLO KAGWA, Katikiro, Regent.
STANISLAS MUGWANYA, Omulamuzi, Regent.
YAKOBO KAGO KULWA Z. KISINGIRI, Regent.
Regents.
‘Tue Kinepom or UGanpa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
It is hereby enacted as follows:— ,
1. This law may be called ‘‘ The Tax Collection Law, 1904.’’
2. Each chief, who has men under his rule and authority, shall see that his
subjects pay the Government hut tax before they do any work for him.
3. It shall be lawful for a person whose duty it is to work for a chief,
instead of working for him, to pay him a sum of two rupees in each year; but
if he is unable to pay the money he must work for the chief for a period of one
month, :
4. If a person shall leave a chief before he has paid the above sum of two
rupees or worked for him, it shall be lawful for the chief to follow him to the place
whither he has gone and demand the said sum of two rupees.
5. No chief shall take the said two rupees, or exact the month’s work, until
the Government tax has been paid.
Dated at Mengo this 16th day of June, 1904.
For the Kapaxka,
APOLO KAGWA, Katihiro, Regent.
STANISLAS MUGWANYA, Omulamuzi, Regent.
YAKOBO KAGO KULWA Z. KISINGIRI, Regent.
Regents.
970 Laws of the Uganda Protectorate. [App. B.
THe Kinepom or UGANDA.
A LAW.
Enacted by His Hightess the Kabaka by and with the advice of the Lukiko.
It is hereby enacted as follows :—
1. This law may be called ‘‘ The Prevention of Cheating Law, 1904.”’
2. Whoever commits cheating by selling or giving in exchange pice or other
coins of less value than a rupee, and calling them rupees, shall be guilty of an
offence and shall be punishable with imprisonment not ‘exceeding six months.
Dated at Mengo this 16th day of June, 1904.
For the Kasaka,
APOLO KAGWA, Satihkiro, Regent.
STANISLAS MUGWANYA, Omulamuzi, Regent.
YAKOBO KAGO KULWA Z. KISINGIRI, Regent.
Regents.
Tue Kinepom oF UGANDA.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
It is hereby enacted as follows :—
1. This law may be called ‘‘ The Carrying of Knives Law, 1904.’
2. No person shall walk in the roads of our country armed with large
knives.
3. Any person found walking in the roads in possession of a large knife,
unless he be going to or returning from his work in which it is necessary for him
to use such a knife, shall be guilty of an offence and punishable with imprison-
ment not exceeding one month, or a fine not exceeding two rupees.
Dated at Mengo this 16th day of June, 1904.
For the Kasaka,
APOLO KAGWA, Kattkiro, Regent.
STANISLAS MUGWANYA, Omulamuzi, Regent.
YAKOBO KAGO KULWA Z. KISINGIRI, Regent.
Regents.
App. B.] Agreements. 971
Tue Kinapom or Ucanpa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
It is hereby enacted as follows :—
1. This law may be called ‘‘ The Hut Tax Evasion Law, 1904.”’
2. No person shall hide himself, or another person, or assist any other person
to hide upon his land in order to avoid payment of hut tax.
3. If any person shall be found in hiding, or shall be found hiding another
person, or found assisting another person to hide upon his land, he or she shall
be guilty of an offence, and shall be liable to a fine of three rupees, or to one
month’s imprisonment.
Dated at Mengo this 16th day of June, 1904.
For the Kasaxka,
APOLO KAGWA, Aatihiro, Regent.
STANISLAS MUGWANYA, Omulumuzi, Regent.
YAKOBO KAGO KULWA Z. KISINGIRI, Regent.
Regents.
Tue Kingpom-or UGanpa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
Whereas it is expedient that the smoking of Njayi or Indian hemp by our
people should be prevented—
It is hereby enacted as follows :—
1. This law may be called ‘‘ The Njayi Law, 1904.’’
2. The cultivation, sale, purchase and possession of Njayi is hereby forbidden.
3. Any person found cultivating, dealing in or in possession of Njayi shall
be guilty of an offence, and be punishable with a fine not exceeding five rupees.
4. Any person giving information which leads to the conviction of any
person found breaking this law may, at the discretion of the judge, be given a
portion, not exceeding two rupees, of the fine recovered.
Dated at Mengo this 16th day of June, 1904.
For the Kasaxa,
APOLO KAGWA, atithiro, Regent.
STANISLAS MUGWANYA, Omulamuzt, Regent.
YAKOBO KAGO KULWA Z. KISINGIRI, Regent.
Regents.
972 Laws of the Uganda Protectorate. [Apr. B
THe Kinepom oF Ucanpa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko.
1. This law may be called ‘‘ The Law of Using Indecent Language.”
2. When any person shall be found publicly using indecent language with
regard to women, or publicly abusing any person in indecent words, or publicly
doing any indecent thing with intent; that person shall be punished with simple
imprisonment for a term which may extend to one year, or with fine, or with both.
This law comes under Section 509, page 171, of the English Law Book,
called The Pocket Penal Code.
Dated at Mengo this 27th day of April, 1906.
For the Kapaka,
APOLO KAGWA, Katikiro, Regent.
MUGWANYA, Omulamuz, Regent.
ZAKARIA KISINGIRI, Omuwanika, Regent.
Tur Kincpom oF UGANDA.
A LAW.
Enacted by H.H. the Kabaka by and with the advice of the Lukiko, and with
the approval of His Excellency the Governor.
We have seen that the subject of people holding land has become difficult,
it is therefore ordered as follows :—
1. This law may be called ‘‘ The Land Law, 1908.”
Marto.
2. The words which are herein written are the words which shall govern every
owner of land when the Government have surveyed his land and have finally
recognised that this land is his. To hold land in this way will be known as holding
mailo, and land of this description will be called ‘‘ mailo.’’
(a) No person of the Protectorate will be allowed by himself, or by others
for himself, to hold at one time more than 30 square miles of mailo land,
except with the approval in writing of H.E. the Governor and the Lukiko,
or as trustee or guardian of another person, or except that if the owner of
mailo inherits other mailo he will be able to hold his original holding of mailo
and the inherited mailo, notwithstanding that the total holding exceeds the
amount allowed by this law or H.E. the Governor and the Lukiko.
App. B.] Agreements. 973
(6) The owner of a mailo will be permitted to sell his land to another
man of the Protectorate, or to give it to him as a gift, or to will it to him
in writing, or to hand it to him in any other manner not in conflict with this
law or any other law. The land which was allotted to the Kabaka in the
Agreement, 1900 (namely, 350 miles), shall be Kabakaship mailo of the
Kabaka for the time being.
(c) The owner of a mailo will not be permitted to hand over his mailo to
one who is not of the Protectorate or to a church or to a religious or other
society, except with the approval in writing of H.E. the Governor and the
Lukiko.
(d) The owner of a mailo will not be permitted to lease his mailo to one
who is not of the Protectorate for a longer period than one European year,
except with the approval in writing of H.E. the Governor and the Lukiko.
(e) The owner of a mailo will be permitted to dispose of his mailo by will ,
in writing to people of the Protectorate who are alive or conceived at the time
when the mailo owner dies. But to will mailo to a man who is not of the
Protectorate, or to will mailo to a church or to a religious society so that they
may have it after the owner’s death, for religious or similar purposes, to the
disherison of his lawful heirs, or to will it to any person who is not conceived
at the time when the owner of the mailo shall die, all these will not be
permitted.
(f) When a Muganda dies and he has not written a will appointing a
person to succeed to his mailo, a successor will be ascertained according to the
rules of the law of succession of the Baganda.
(g) All transactions concerning mailo shall be written on paper in dupli-
cate, and the fees thereon and the duties thereon shall be the same as are from
time to time in the whole Protectorate, and one copy shall be stored by the
Government and the other held by the owner of the mailo. The whole of this
order shall be the same in the Kingdom of Uganda as it is in the whole
Protectorate.
(h) Any person who becomes the owner of mailo, let him. not think that
he alone is the owner of the old roads on it which the people have used of old,
and let him not think that he has become the owner of running waters which
were drawn by people long ago, and of springs and ponds which people have
drawn of old.
And if running waters should arrive upon his mailo, and if springs and
ponds should come upon it, let him not think that he has become the exclusive
owner of these waters, unless they shall dry up before they have reached his
neighbour’s land.
Thus a man who becomes the owner of mailo where there are roads which
have been used by all the people long ago, or there are waters which have been
taken by all the people long ago, he will not be allowed to close those roads
or to prevent people from drawing from the water.
The law of easements for the Protectorate generally will govern easements
in respect of mailo.
974
Laws of the Uganda Protectorate. [App. B.
The meaning of easement is this :—
When a person is permitted to do a thing or to stop a thing being
done on land belonging to another, this permission is called easement.
For instance, a man X wishes to reach his house and is permitted to
walk on a road which passes over his neighbour’s land because he has
walked on that road for a long time. His neighbour will not be allowed
to stop him from so passing. This permission is an easement.
Other examples are :—
If the land of an owner of mailo borders the land of his neighbour so
as to render it natural support, such neighbour will not be allowed to de
an act to spoil his neighbour’s land. For example, a man, the owner of
mailo, has built his house near the boundary of his mailo; the owner of
the neighbouring mailo will not be allowed to dig a deep hole on his land
which would cause that land and the house built on it to fall.
If there is water flowing in a channel which people have not made,
and it passes over the land of a mailo owner, his neighbour will, under
no circumstances, be allowed on his land to stop these waters so that
they do not flow to the land of the said mailo owner.
This does not prevent a man from asking the Lukiko to divert a path
which passes near his house which is not a main road.
The Lukiko may, by written order, forbid the watering of cattle at any
particular pond or well, upon being satisfied that such pond or well is required
for the use of people for drinking purposes.
The owner of a mailo will not be permitted to prevent any other person
from herding cattle, goats or sheep or other animals on waste or uncultivated
land on his mailo until it is fenced.
(2) The owner of a mailo will give the Government duty on stones of
value which may be found on his mailo, as written in Part 17 of the Uganda
Agreement, 1900.
(j) The owner of a mailo will not be compelled to give to a chief who is
superior to him any portion of the produce in money or kind.
3. When a man has more mailo than is allowed by this law, or by H.E. the
Governor and the Lukiko, the Lukiko shall write hima letter instructing him to
cut off the portion in excess. And when three months have passed from the day
on which the letter was written, if he has not cut it off or sold it to another or
done any other act as they have instructed him, the Lukiko may take any part
of the mailo of that man which they like of the same amount that is in excess of
the total allowed by this law or by H.E. the Governor and the Lukiko. And
when they have taken this portion they may—
(1) Sell to a man ‘of the Protectorate this piece of mailo, or,
(2) Deal with this piece a8 H.E. the Governor and the Lukiko may
approve. ,
App. B.] Agreements. 975
_When they have done so, and should they think it fit to compensate him, they
will compensate him ; should they think it not fit to compensate him, they will not
compensate him.
4. When a Muganda owner of a mailo dies and there is no one to succeed
him as directed by the law, and if there is no one to whom he has willed it, the
mailo shall be in the hands of the Governor and the Lukiko to have and to deal
with as trustees for the Baganda, and the proceeds shall go to the Lukiko fund
or in such other way as may be determined.
OFrFiciaL Matto.
5. Every man who has land for his chieftainship shall hold it as follows :—
(a) For all the time that he holds his chieftainship he will be allowed to
take all the profits from the land which he has, except as written in the words
below.
(6) A man who has land like this, when he leaves his chieftainship and
ceases to have this land, this man or his representatives will be permitted to
claim from the profits from the land a portion to compensate him for the
work only which he may have done to improve that land during the time
which he had the land. The Lukiko shall decide as to this compensation, and
they will also decide the period of years in which to compensate him. And
this compensation shall be like a debt on the land as if a man owed it. When-
ever there is a dispute as to the amount of this compensation, or the period
in which it is to be paid, they shall inform H.E. the Governor, whose decision
shall be final.
(e) To hold land in this manner will be called to hold ‘‘ official mailo,”’
and shall be governed as directed above in Part 2 (d), (9), (A), (j).
(d) The total of official mailo shall not be counted in the total of mailo
allowed by Part 2 (a).
(e) As written in Part 17 of The Uganda Agreement, 1900, a man who
holds land in this manner, 7.¢., official mailo, shall not have the stones of
value therein.
Or Every Kinp or Lanp.
6. Every description of land which people of the Protectorate shall have,
mailo and official mailo, the Government will be allowed to take them for the
works of improvement of the Protectorate as written in Part 15-of the Uganda
Agreement, 1900. ,
7. The law called ‘‘ The Land Transfer Law, 1904,’’ is abolished.
Signed at Mengo this fifth day of June, One thousand nine hundred and
eight.
APOLO KAGWA, Katikiro, Regent.
STANISLAS MUGWANYA, Omulamuzi, Regent.
ZAKARIA KIZITO KISINGIRI, Omuwanika, Regent.
976 Laws of the Uganda Protectorate. [App. B.
Tae Kinepom or Bucanpa.
A LAW.
Enacted by His Highness the Kabaka with the advice of the Lukiko.
It is enacted as follows :—
1. This law may be called ‘‘ The Law for Prevention of Spreading of Sleeping
Sickness, 1908.’’
2. All persons who have been residing within the strip of land by the Lake
shore, known as the two mile zone, on leaving it shall be first taken to a doctor
for inspection ; if such persons are healthy they will be instructed by their chief
or the Lukiko where they may settle. If the doctor finds any one suffering from
Sleeping Sickness such person will be sent to a Sleeping Sickness camp for treat-
ment.
3. All the Saza chiefs, and other chiefs and landholders, must assist in seeing
that this law is carried out.
4, Anyone found hiding any person who has left the Lake shore without being
inspected shall be found guilty of an offence, and shall be liable to a fine which
shall be decided upon by the Lukiko.
Dated at Mengo to-day, 11th day of April, 1908.
APOLO KAGWA, Katikiro, Regent.
STANISLAS MUGWANYA, Omulamuzi.
ZAKALIYA KISINGIRI, Omuwanika.
FOR THE KaABaKA.
THe Kincpom oF BuGanpa.
A LAW *®
Enacted by His Highness the Kabaka by and with the advice of the Lukiko
and with the approval of His Excellency the Governor.
1. This law may be called ‘‘ The Land Law, 1909.’’
2. The words which are herein written are the words which shall govern
every owner of land before the Government have surveyed his land and have
finally recognised that the land is his.
3. The provisions of The Land Law, 1908, shall apply to such land as far as
may be.
4. No transactions concerning such land shall be valid unless they are verified
by the Lukiko, and for the purpose of the issue of final certificates by the Govern-
ment any transfer so verified shall be sufficient authority for the issue of the final
certificate to the person named in such transfer.
APOLO KAGWA, Aatihkiro, Regent.
STANISLAS MUGWANYA, Omulamuzi, Regent.
ZAKARIA KIZITO KISINGIRI, Omuwanika, Regent.
HAM MUKASA, Sekibobo.
18 This law was enacted at Mengo on the 4th June, 1909; see notice in the Gazette, 24th June, 1909,
page 188.
App. B.] Agreements. 977
THe Kincpom oF BuGanpa.
A LAW.
Enacted by His Highness the Kabaka by and with the advice of the Lukiko,
and with the approval of His Excellency the Governor.
1. This law may be called ‘‘ The Land Law (Survey), 1909.’
2. The Lukiko shall keep a book and therein enter all applications for the
issue of provisional certificates for native estates made to them on or before the
31st December, 1909, in respect of applications which have not been passed and
lodged in the office of the Provincial Commissioner, and shall forward the book or
a copy thereof to the Provincial Commissioner not later than the 15th January,
1910.
3. Every native making a claim to land in Buganda under the Agreement,
1900, under the allotment lists made and signed by the Lukiko, or as now
subsequently modified, and who has not lodged his application for a provisional
certificate before the 31st December, 1909, shall be deemed not to have accepted
the allotment and to have waived all claim (if any) to the allotment.
4. Persons whose applications have not been passed by the Lukiko, because
the fine of Rs. 50 imposed by the order of the Lukiko for failure on or before the
Ist day of September, 1905, to present such application has not be paid, may
apply to the Provincial Commissioner on or before the 31st December, 1909, that
the fine be remitted, reduced, or payment postponed. On the receipt of the
Provincial Commissioner’s decision and the compliance of such person therewith,
such person may apply to the Lukiko, producing the Provincial Commissioner’s
decision, on or before the 3lst December, 1909, to pass his claim with a view to
obtaining a provisional certificate to be issued to him in respect to the land
described in the claim lodged by him.
5. Before or after the date of this law, when the survey has passed over the
land, only those estates which have been demarcated by the surveyor on the land
on survey shall be recognised, and no other claim for the recovery of any land in
the surveyed area shall be sustainable. Any land not marked out by the surveyor
at the time of survey as private estate shall be the property of the Crown.
Eeplanation.—It is understood that the landowners, who upon survey do not
receive final certificates for the full amount of the land for which they have been
given provisional certificates, will be given by the Government the balance due
to them afterwards from the waste lands or surplus lands from final certificates
which are known as Crown lands. Provided that the area shown on the pro-
visional certificates does not exceed the area shown on the Lukiko allotment lists.
6. If any allotments shall lapse an equal area of land may be allotted by the
Lukiko to any person, in such part of Buganda, as the Governor may approve.
APOLO KAGWA, Kattkiro, Regent.
STANISLAS MUGWANYA, Omulamu:i, Regent.
ZAKARIA KIZITO KISINGIRI, Onna tha, Regent,
22nd Juy, 1909.
62
978 Laws of the Uganda Protectorate. [App. B.
The Uganda Agreement (Poll Tax), 1904.*
The undersigned, George Wilson, Companion of the Most
Honourable Order of the Bath, Acting Commissioner for the
Uganda Protectorate, on behalf of His Majesty the King of Great
Britain and Ireland, Emperor of India, hereinafter referred to as
the Acting Commissioner, and Apolo Kagwa, Katikiro, Stanislas
Mgwanya and Zakaria Kisingiri, Regents, and the chiefs whose
names are hereunder written on behalf of the Kabaka and the
chiefs and people of the Kingdom of Uganda, hereinafter referred
to as the Regents and chiefs, have agreed to supplement the Agree-
ment dated the 10th day of March, 1900, and made between Sir
Harry Hamilton Johnston, K.C.B., Her Majesty’s Special Commis-
sioner, Commander-in-Chief and Consul-General for the Uganda
Protectorate and the adjoining territories, on behalf of Her
Majesty the Queen of Great Britain and Ireland, Empress of India,
on the one part, and the Regents and chiefs of the Kingdom of
Uganda therein mentioned on behalf of the Kabaka (King) of
Uganda and the chiefs and people of Uganda, on the other part,
hereinafter referred to as the principal Agreement : Whereas by the
principal Agreement it was agreed that no further interior taxation
other than the hut tax and gun tax should be imposed on the
natives of the Province of Uganda without the agreement of the
Kabaka, who in that matter was to be guided by the majority of
votes in the Native Council : and whereas the poll tax hereinafter
mentioned has been agreed to by the majority of the Native Council
aforesaid the Acting Commissioner and Regents and chiefs do
hereby agree as follows :—
1. In addition to the gun tax and hut tax of Rs. 3 mentioned
in the principal Agreement, there shall be payable by each adult
male subject of the Kabaka, who is not liable to pay the hut tax,
a poll tax of Rs. 2 per annum, provided always that such tax shall
not be payable by persons who live in the house of their parents or
cuardians and contribute to the payment of the hut tax of the said
house. For the purposes of this clause no person shall be con-
sidered a guardian unless he is a relation of his ward.
2. The said poll tax of Rs. 2 per annum shall be payable in the
same manner as the hut tax, any person who has not the means to
pay the said sum of Rs. 2 in cash shall, in lieu thereof, work for a
period of one month.
3. In accordance with the provisions of the principal Agree-
ment, the hut tax shall not be payable by any aged person who is
* This Agreement is cancelled by The Uganda Agreement (Poll Tax), 1909, following, page 990.
App. B.] Agreements. 979
unable to work and has no other means of enabling him to pay the
said hut tax, and a similar provision shall apply to the poll tax
hereinbefore agreed to be levied.
4. This Agreement is done in English and Luganda, and in the
construction thereof the English version shall prevail.
Dated this twenty-third day of September, 1904, at Kampala.
GEORGE WILSON,
Acting Commissioner.
Commissioner in the presence Sub-Commissioner,
Signed and sealed by the Acting C. W. FOWLER,
of me : Uganda Kingdom.
ApoLo Kacwa, Katikiro, Regent.
Apoto KaGwa, Katikiro, in :
Bishop of Uganda
Signed by the above - named A. RoT oem
the presence of me:
StTanistas Mucwanya, Regent.
STANISLAS Mucwanya, in the
presence of me:
Signed by the above - named FM Le Tone
for BisHop H. Srrricuer.
ZAKARIA Kisinciri, Regent.
ZAKARIA KISINGIRI, - in the
‘Signed by the above - named R. H. Warxker
presence of me:
Archdeacon of Uganda.
Signed by :—
Yakoso KaGo.
SITEFANO BULUSI.
ZEZEFU KASUMBA.
YOKANA BUNGO.
Daupi MurwWANYI.
SERWANO KaAvtTA.
SERWANO MuweEmBa.
YAHAYA SEKYERU, for KATAMBALA.
In the presence of me :
J. BIERMANS, for Bishop HaNnton,
624
980 Laws of the Uganda Protectorate. [App. B.
The Uganda Agreement (Judicial), 1905.
The undersigned, George Wilson, Companion of the Most
Honourable Order of the Bath, Acting Commissioner for the
Uganda Protectorate, on behalf of His Majesty the King of Great
Britain and Ireland, Emperor of India, hereinafter referred to as
the Acting Commissioner, and Apolo Kagwa, Katikiro, Stanislas
Megwanya and Zakaria Kisingiri, Regents, and the chiefs whose
names are hereunder written on behalf of the Kabaka and the
chiefs and people of the Kingdom of Uganda, hereinafter referred
to as the Regents and chiefs, have agreed to supplement the Agree-
ment dated the 10th day of March, 1900, and made between Sir
Harry Hamilton Johnston, K.C.B., Her Majesty’s Special Com-
missioner, Commander-in-Chief, and Consul-General for the
Uganda Protectorate and adjoining territories, on behalf of Her
Majesty the Queen of Great Britain and Ireland, Empress of India,
on the one part, and the Regents and chiefs of the Kingdom of
Uganda therein mentioned on behalf of the Kabaka (King) of
Uganda and the chiefs and people of Uganda, on the other part,
hereinafter referred to as the principal Agreement. Whereas by
the principal Agreement certain provisions were made for the
establishment of native Courts and the administration of justice
in the Kingdom of Uganda : and whereas it is expedient to supple-
ment, vary or modify such provisions, the Acting Commissioner
and Regents and chiefs do hereby agree as follows :—
1. In addition to the Courts of the Abamasaza constituted
under the principal Agreement, the Kabaka may, with the consent
of the Commissioner, constitute other native Courts subordinate to
the Lukiko for the trial of cases between natives of the Kingdom of
Uganda.”
2. For the purpose of a permanent record, Courts of the
Abamasaza, established by virtue of the principal Agreement, or
Courts to be established under the preceding article, shall send
monthly, as soon after the end of each month as possible, a return
of the cases tried by them to the Lukiko in such form as shall be
specified by that assembly, and_such returns shall be open for
inspection by His Majesty's Commissioner or by any offcer
appointed by him.
3. The Commissioner may, with the consent of the Kabaka, by
order under his hand, in any case or class of cases in which it may
be deemed just and expedient, transfer any case or class of cases
19 For constitution of native Courts in Buganda, see proclamation 29th January, 1909, ante,
page 25,
App. B.] Agreements. 981
for trial or decision from any Court established by virtue of this
or the principal Agreement to any Court established by or under
' The Uganda Order in Council, 1902.”
4. There shall be an appeal to His Majesty’s High Court of
Uganda (1) in criminal matters, from the Courts established by or
under this or the principal Agreement from the sentences of such
Courts where a sentence of death or of imprisonment exceeding
five years or of fine exceeding £100 or of whipping of over 24 lashes
has been passed, and (2) in civil matters, in cases where the amount
or value of the subject matter of the suit exceeds £100; and nothing
contained in the principal Agreement shall prejudice or affect such
right of appeal as aforesaid.
5. The principal Agreement may hereafter be cited as “The
Uganda Agreement, 1900,” and the Agreement between the Acting
Commissioner and the Regents and chiefs of Uganda, dated the
23rd day of September, 1904, and relating to the poll tax, may here-
after be cited as “ The Uganda Agreement (Poll Tax), 1904,” and
this present Agreement may hereafter be cited as “ The Uganda
Agreement (Judicial), 1905.”
6. This agreement is done in English and Luganda, and in the
construction thereof the English version shall prevail.
Dated at Kampala this seventh day of January, 1905.
Signed and sealed by the rset GEORGE WILSON
Commissioner in the presence : ae?
Acting Commissioner.
of me:
STANLEY C. TOMKINS.
Signed by the above - roi
ae : POLO KaGwa
Apoto Kacwa, Katikiro, in A GWA
the presence of me:
R. H. WALKER.
Signed by the above - ithe!
Katikiro, Regent.
STANISLAS MuGwanya,
STANISLAS Muewanya, in the
Regent.
presence of me:
C. DupupeEt.
Signed by the above in te ZAKARIA KISINGIRI
ZAKARIA KISINGIRI, in the
Regent.
presence of me:
A. VAN TERM.
20 For transfer of cases to British Courts, see order following, and proclamation 29th January,
1909, ante, page 31.
982 Laws of the Uganda Protectorate. [Ave. B.
Signed by :—
YAKOBO KAGO.
SERWANO Kauvta.
TOMASI SELUMAGA.
KaroLi OMUGANWA.
Eprwabi NANKYAMA KANGAVE.
ZEZEFU KASUMBA.
LazaLo MAsrIMsBi.
AsusoLoME Mupima.
Msoco Nouo (in Arabic).
R. H. WALKER.
ORDER.
t
WITNESS :
Artuour H. PRENTICE.
Mabe BY THE AcTING COMMISSIONER FoR THE UGanpA PROTECTORATE UNDER
Cuause 3 or THE Ucanpa AGREEMENT (JupicraL), 1905.
I hereby direct that His Majesty’s High Court of Uganda shall hear and
decide all causes between natives of the Kingdom of Uganda of a like nature to
the causes that would come before the said Court in the exercise of its jurisdiction
under The Divorce Ordinance, 1904, according to the practice and procedure laid
down by or under that Ordinance.
ENTEBBE,
23RD January, 1905.
Apoto Kaawa, Katikiro
GEORGE WILSON,
acting Commissioner.
Signed at Mengo Regents of
this 20th day of { Muawayya, Omulamuzi, Regent .. ... + the Kingdom of
January, 1905. Uganda.
-Yaxoso Kaco Kutwa Z. Kisineiri, Regent
App. B.] Agreements. 983
The Uganda Memorandum of Agreement (Forest), 1907.
Memorandum of Agreement made this 25th day of October, 1907,
between George Wilson, Companion of the Most Honourable Order
of the Bath, Acting Commissioner for the Uganda Protectorate,
for and on behalf of the Government of the said Protectorate, here-
inafter referred to as the Commissioner, of the one part, and Apolo
Kagwa, Honorary Knight Commander of the Most Distinguished
Order of Saint Michael and Saint George, Katikiro, Stanislas
Mgwanya, and Zakaria Kisingiri, Regents, and the chiefs whose
names are hereunder written for and on behalf of the Kabaka and
the chiefs and people of the Kingdom of Uganda, hereinafter
referred to as the Regents and chiefs, of the other part.
Whereas by The Uganda Agreement, 1900, it was agreed
between the parties thereto that 1,500 square miles of forest should be
brought under control of the Uganda Administration, and that such
forests would be as a rule those forests over which no private claim
could be raised justifiably, and would be forests of some continuity
which should be maintained as woodland in the general interests of
the country. And whereas it was further agreed that certain chiefs
and private landowners should receive the estates of which they
were already in possession, and that the Lukiko should decide the
validity of claims, the number of claimants, and extent of land
granted, with certain reservations or limitations as provided in the
said Agreement. And whereas in pursuance of the said Agreement
the Lukiko has decided the validity and extent of the claims and
the number of claimants, and their decision has been submitted to
the Commissioner in a series of lists, and temporary admissions of
their claims are being issued in pursuance of their decision. And
whereas the claimants have provisionally demarcated their estates,
And whereas the private claims which have been made and admit-
ted to forests are those only which have been duly registered prior to
The Uganda Agreement, 1900, in the office of the Government at
Kampala. And whereas as regards the inclusion of forest land in
the native estates under The Uganda Agreement, 1900, it has been
agreed that native claimants may include in their estates the
forest Jand as hereinafter mentioned, and that the residue of the
forest land shall belong to the Government, Now These Presents
Witness that in pursuance of the said Agreement, and for the con-
siderations aforesaid, it is hereby agreed as follows :—
1. The demarcations of estates provisionally made as recited
shall not be altered by anyone except the Government surveyor on
survey. .
984 Laws of the Uganda Protectorate. (App. B.
2. Isolated pieces of forest land which do not exceed half a
square mile in area may be included in native estates. Pieces of
forest land, not being strips of forest land as hereinafter described,
which exceed half a square mile in area may not be included in
native estates, but are absolutely vested in the Government as
Government forest land. Provided that the Baganda people
may obtain from Government forests timber for building
purposes, firewood and other products of the forests for their
individual domestic use only, or timber for the erection of
the buildings to be used by the Baganda for religious or
educational purposes, such buildings and purposes to be approved
by the Commissioner : subject always to such regulations, restric-
tions, or reservations as the Government may think fit from time
to time to make or impose either generally or in respect to any
particular forest.
For the purpose of this Agreement an isolated piece of forest
land shall be taken to include :
(a) A piece of forest land not exceeding the area of half a
square mile which is completely isolated.
(b) A piece of forest land not exceeding in area half a square
nile which is connected with a piece or pieces of forest land,
either less than or exceeding half a square mile by a strip or strips
of forest land not exceeding 300 yards in width.
4. Strips of forest land not exceeding 300 yards in width
may be included in native estates, provided that such strips do not
join two pieces of forest each exceeding half a square mile in area.
For the purposes of this Agreement a strip of forest land shall
be taken to mean forest land not exceeding 300 yards in width,
and any forest land exceeding 300 yards in width shall not be
oe to be a strip of forest land, save as is provided in Clause 5
ereof.
5. In the case where forest land is intersected by streams or
swamps :—
(1) Where such stream or swamp exceeds 200 yards in width,
such forest land so intersected shall be deemed to be separate
pieces of forest land for the purposes of the measurements afore.
said.
(2) Where such stream or swamp is less than 200 yards in
width, such forest land shall be deemed to be joined together and
form one piece of forest land for the purposes of the measure-
ments aforesaid, in the same way as if such stream or swamp did
App. B.] Agreements. 985
not exist, and in reckoning such measurements as aforesaid, the
width of the stream or swamp shall be excluded. Provided always
that instead of the width of a strip of forest land being 300 yards
as is provided in Clause 4, the width of such strip shall be 400
yards.
6. As regards forest land on some of the islands, it may be
essential, owing to the geological formation, that a certain pro-
portion of forest shall be reserved to the claimant of cultivated
land to allow for part of such land to he fallow; such claimant
may, on proof being given to the satisfaction of the Commissioner
of the necessity as aforesaid, include forest land in his private
estate not exceeding one half of the actual area under cultivation
at the date of this Agreement.
7. All forest land shall be subject to such regulations and
rules as may be instituted by the Government for the regulation,
safety, and good and wise use of forests in the Protectorate
generally, and the Regents and chiefs undertake properly to
enforce those regulations and rules.
8. Certain forests have already been declared by the Lukiko
to be Government forests. The names of such forests so declared
Government forests up to date are for the purpose of record
stated in the schedule hereto and are Government forests.
9. This Memorandum of Agreement is made subject to the
approval of His Majesty’s Secretary of State for the Colonies.
10. This Memorandum of Agreement may be cited as “The
Uganda Memorandum of Agreement (Forest), 1907.” It has been
done in English and Luganda, and in the construction thereof
the English version shall prevail.
Hs Witness the hands of the parties.
Signed by the above-named
GrorcE Wison in the >GEORGE WILSON.
presence of
ALEXANDER GEORGE BoYLe.
APOLO KAGWA,
Apoto Kacwa in the Katikiro, Regent.
presence of
Ernest Muar, Acting Secretary,
Church Missionary Society, Uganda.
Signed by the above-named
986 Laws of the Uganda Protectorate. (App. B.
TANISLAS MuGwanya i :
‘ : oe Regent, Omulamuzi.
Signed by the above-named STANISLAS MUGWANYA,
the presence of
F. H. Leakey, Acting Sub-Commissioner,
Uganda Kingdom.
ZAKARIA KIsInGigt in the KISINGIRI,
presence of Omuwanika, Regent.
ALFRED R. Tucker, Bishop of Uganda.
YAKOBO MUSAJALUNBWA,
Kago.
Signed by the above-named penis KIZITO
Signed by the chiefs whose we ie
hames are set opposite ; JONWA KATE, Mgema.
in the presence of SIGNATURE IN ARABIC.
TAIBU MAGATO, Katambala.
W. F.S. Epwarps, CAprain,
Inspector-General of Police and Prisons, Uganda.
Pere L. Movutiec, Superior of Rubaga.
Fatuer J. BIERMANS, Superior of Nsambyo.
SCHEDULE.
This is the schedule of Government forests referred to in
“The Uganda Memorandum of Agreement (Forest), 1907,” dated
the 25th day of October, 1907, and made between His Excellency
the Acting Commissioner of the Uganda Protectorate, of the one
part, and the Regents and chiefs of the Kingdom of Uganda of the
other part.
COUNTY. NAME OF FOREST.
Kyaponpo... | Namanve, Bukasa, Nakivubo.
SINGO ... | Bulonda, Mpologoma, Kyanyomujolo, Kanyololo.
GOMBA ... | Nakalere, Busakwa, Kyegaliro, Nabale, Makokolero,
Kyambogo, Wabinyomo, Butululu, Nanfuka,
Bubaje, Kyambojo, Jumbi, Budugade, Kaswera,
Wamasega, Binzi, Wabirago, Kafuba, Bijogojogo.
Bususu —... | Kasa.
App. B.]
~~
Agreements. 987
COUNTY. .
NAME OF FOREST.
BULEMEZI ...
Busiro
Buppu
Koki
BUTAMBALA
BuWEKULA...
Buruti
BuvyuMA
BuyaGa
BUGERERE ...
Soga, Sigende, Kyantuga, Wamatunda, Nabulagala,
Kyakangeka, Watuba, Kavuma, Busita, Namwa-
lula, Wanyonza, Kasozi, Wandegeya, N’gangi,
Kyabigambada, Kyabutukulu, Kasozi, Kamuzin-
giza, Bwebasankokola, Wamagavu, Kakonge,
Nakinyama, Kyakimanywa, Katugo, Nkongo,
Sigendamasode, Kyampologoma, Walugondo,
Kyegombwa, Kyabijanjalo, Kyamugalya, Kyali-
galo, Katugo, Dogo, Kyaknbuga, Kyakimawuwa,
Katawalwendo, Mbajwe.
N’gongolo, Kalandazi, Bukasa, Semunya, Kajansi,
Nonve, Kasozo, Mayanjawenkalwe, Luwawa,
Nemagaza, Kitubulu, Kabembe, Tumbi, Gunda,
Bumbuli, Walulemu, Tanda, Naweziba, Waka-
yembe, Kanjaza, Namulongo, Nalubaga, Mam-
buga, Mako, Buwawo.
Wabitembe, Nabijoka, Tyero, Lwaja, Kasuli, Kitosi,
Bukombera, Mugawo, Kabuga, Kiboe, Lunabusisi,
Kirala, Dumu, Mujuzi, Kitabanyaga, Lwamunda,
Buye, Kalanzi, Jegere, Muwawu, Kiribo, Bujaju,
Nabukonge, Wabitembe.
Lwebigaya, Ntokota, Lwambaju, Bulira.
Katabalalu,
Nawandigi,
Lubira, Setala, Nakuzesinge, Gangu,
Kizikibi.
Kajunju, Nakalade Kyandere, Kikonge, Nabibungo.
Lwanzogi, Kyayenjera.
Luka, Nakanyago, Kalala, Golomolo, Nawatale,
Bukejembi, Miranje, Namagoye, Tembe, Waimengo,
Nantinvu, Lwamulundu, Busunjwe, Malinde,
Limbo, Buvuma, Sozi, Meiri, Sese, Bugusa,
Kirigya, Malindi.
Nakalangi, Nabikaja, Namiryango, Nalinongo,
Okotawa, Nalangi, Akasato Luzanye, Kamiranjwe,
Bamutweka, Wemu, Nandai, Kabale, Lwengo,
Kabwolo, Kyabanjaki, N kuse, Kyawuka, Nalu-
bale, Thola, Nansambya, Nabiwemba.
Kiwula,
Dirembazi, Namawanyi, Nakigwabi,
Damba,
Kamukama, Wabukwa, Wabimwanyi,
Kangulumira, Ntoke, Buwana.
988
Laws of the Uganda Protectorate.
(App. B.
COUNTY.
NAME OF FOREST.
Mawoxkora Kisitu,
Wangeregeze,
Luwafu,
Kavundu,
BuGaneGazi... | Zinga.
SESE
Buyomba.
Kyansonzi, Gango,
Namaboge,
Wankobe, Uni, Wantai, Koba.
Mpanga, Lufuka, Katabalalu, Katonga,
Bwetyaba, Busenya, Lwamunda, Buvuma, Buto,
-Walumwanyi,
Lubira, Langu,
Kalandazi, Kanjuki,
Naman’gan’ga,
Kubamisinde, Nonda, Benga, Kasasa, Mugomba,
Sanga, Nalabirawo, Nkese, Namatembe, Banga,
Muyovu, Nkose, Kyerwa, Kitolo, Busowe, Buja,
Njovu, Towa, Kizibubi, Kasa, Sanzi, Tome, Linga,
Kamukuru, Sekazinga, Kampala, Bega, Sanga,
WITNESSES.
ALEXANDER GEORGE BOYLE.
Ernest Mizar,
Acting Secretary,
Church Missionary Society,
Uganda.
F. H. Leaxey,
Acting Sub-Commissioner,
Uganda Kingdom.
J. Howarp Cook, MS.,
Namirembe, Uganda
W.F.S. Epwarps, Caprain,
Inspector-General of Police
and Prisons, Uganda,
Pere L. Movutuec,
Superior of Rubaga.
FarHer J. BiERMANS,
Superior of Nsambya.
SIGNATURES.
GEORGE WILSON,
Acting Commissioner.
APOLO KAGWA,
Katikiro, Regent.
STANISLAS MUGWANYA,
Regent, Omulamuz.
ZAKARIA KIZITO
KISINGIRI,
Omuvanika, Regent.
YAKOBO MUSAJALUNBWA,
Kago.
JOSWA KATE,
Mgema.
SIGNATURE IN ARABIC.
TAIBU MAGATO,
Katambala.
App. B.] Agreements. 989
The Uganda (Payment to Chiefs) Agreement, 1908.
The undersigned, Sir Henry Hesketh Bell, Knight Com-
mander of the Most Distinguished Order of Saint Michael and
Saint George, Governor of the Uganda Protectorate, for and on
behalf of the Government of the said Protectorate, hereinafter
referred to as the Governor, of the one part, and Sir Apolo Kagwa,
Honorary Knight Commander of the Most Distinguished Order
of Saint Michael and Saint George, Katikiro, Stanislas
Mgwanya and Zakaria Kisingiri, Regents, and the chiefs
whose names are hereunder written for and on behalf of the
Kabaka, and the chiefs and the people of Buganda, hereinafter
referred to as the Regents and chiefs, of the other part, have
agreed to supplement The Uganda Agreement, 1900.
Whereas by The Uganda Agreement, 1900, it was agreed that
the chief of each county should beguaranteed from out of the
revenue of Uganda a salary of £200 a year, and it is expedient
to modify this provision, the Governor and Regents and chiefs do
hereby agree as follows :—
1. Whenever the chieftainship of a county shall become
vacant, the Governor may, with the concurrence of the Kabaka,
reduce the salary payable to the chief appointed to the office, and
apply the saving thereby accruing to the payment of salaries to
sub-chiefs in any part of Buganda.
2. Uhder the Agreement of 1900 the total salaries payable to
the chiefs of counties out of the revenue of Uganda amounted to
£4,000 a year, and it is understood that the total salaries payable
under this Agreement to the chiefs of counties and sub-chiefs shall
not be less than £4,000 a year.
3. This Agreement may be cited as “The Uganda (payment
to chiefs). Agreement, 1908.” It is done in English and Luganda,
and in the construction thereof, the English version shall prevail.
Dated this 30th day of December, 1908, at
Signed by Sir Henry Hesketh Bell,
and sealed with the publicseal, inthe ( H. HESKETH BELL,
presence of GC .
STANLEY C. ToMKINS. meee
Signed by the above named Sir
Apolo Kagwa, in the presence of APOLO KAGWA,
Yaxozso Kago. Katikiro.
Signed by the above named Stanislas) STANISLAS
Mugwanya, in the presence of MUGWANYA,
ZAKAYO KIBALE. Omulamuzi.
Signed by the above named =
Zakaria Kisingiri, in the presence Ancenl a Tie
of Omuwanika,
JBULAIMU Mastk1,
990 Laws of the Uganda Protectorate. [App. B.
The Uganda Agreement (Poll Tax), 1909.
AN AGREEMENT made this fifth day of June, 1909,
BETWEEN His Excellency Stanley Charles Tomkins, Esquire,
Companion of the Most Distinguished Order of Saint Michael
and Saint George, Acting Governor of the Uganda Protectorate,
for and. on behalf of the Government of the said Protectorate
(hereinafter referred to as the Governor) of the one part and
Apolo Kagwa, Honorary Knight Commander of the Most
Distinguished Order of Saint Michael and Saint George,
Stanislas Mgwanya, and Zakaria Kisingiri, Regents, and the
Chiefs whose names are hereunder written for and on behalf of the
Kabaka and the Chiefs and people of Buganda (hereinafter
referred to as the Regents and Chiefs) of the other part.
«
Wuereas by The Uganda Agreement, 1900, an annual hut tax
of three rupees upon any house, hut, or habitation, used as a
dwelling place was imposed in Buganda.
AND WHEREAS by the said Agreement it was agreed that no
further interior taxation other than the hut tax and gun tax should
be imposed on the natives of Buganda without the agreement of the
Kabaka, who in that matter should be guided by the majority of
votes in the Native Council.
AND WHEREAS by an Agreement dated the 23rd September,
1904, and made between the Acting Commissioner of the one part
and the Regents and Chiefs of Buganda on the other part a poll
tax therein mentioned was imposed.
AND WHEREAS it is desirable that the said hut tax and poll tax
should be abolished and a uniform poll tax established throughout
Buganda, and the poll tax hereinafter mentioned and the other
provisions of this Agreement have been agreed to hy the majority
of the Native Council aforesaid. .
App. B.] Agreements. 991
Now the Governor and the Regents and Chiefs do hereby agree
as follows :
1. The hut tax of three rupees on any house, hut, or habitation
mentioned in The Uganda Agreement, 1900, is hereby abolished.
2. The said Agreement of the 23rd September, 1904, is hereby
cancelled.
3. There shall be payable by every male native of Buganda
over the age.of 18 years an annual poll tax of rupees five, subject to
the exemptions and conditions hereinafter referred to.
4. The Government shall refund in payment to the Kabaka
and Chiefs of Buganda a sum of 20 per cent. of the total sum
arising from the poll tax hereby established : Provided always that
the sum to be refunded under this clause shall not be less than the
sum of £6,600 now paid under the provisions of The Uganda
Agreement, 1900.
5. The Poll Tax Ordinance, 1909, and The Poll Tax Ordin-
ance (No. 2), 1909, snall apply to Buganda. The following exemp-
tions from the poll tax additional to those mentioned in the said
Ordinances shall be made.
All persons, who by virtue of The Uganda Agreement, 1900,
are entitled to exemptions from hut tax in respect of any building
or hut, shall instead thereof receive in each year one poll tax
ticket in respect of each such building or hut. Such poll tax ticket
may be given by the person receiving it to any person, and shall
exempt the person to whom it is given from the payment of the
poll tax for the year of issue of such ticket.
6. Save as hereby expressly agreed upon, nothing in this
Agreement contained shall affect the provisions of The Uganda
Agreement, 1900, and it is hereby agreed that no further direct
taxation shall be imposed on the Baganda for a period of seven
years.
7. This Agreement is made subject to the approval] of His
Majesty's Secretary of State for the Colonies,
992 Laws of the Uganda Protectorate. [App. B.
8. This Agreement may be cited as “The Uganda Agreement
(Poll Tax) 1909.” It has been done in English and Luganda and
in the construction thereof the English version shall prevail.
AS WITNESS the hands of the parties.
Signed by the above-named
Stanley Charles Tomkins in the STANLEY C. TOMKINS.
presence of
A. G. BOYLE, Acting Chief
Secretary.
Signed by the above-named APOLO KAGWA,
Apolo Kagwa in the presence of Katikiro, Regent.
BLASIO MWEBE
LUYOMBYA KAGWA,
Omubita.
Stanislas Mugwanya in the ;
presence of Omulamuzi, Regent.
BLASIO MWEBE
LUYOMBYA KAGWA,
Omubita.
Signed by the above-named STANISLAS MUGWANYA,
Zakaria Kisingiri in the } KISINGIRIJ, Omuwanika,
presence of Regent.
A. C. KNOLLYS, Assistant
Secretary to the Uganda
Administration.
Signed by the ne ZAKARIA KIZITO
App. B.] Agreements. 993
The Toro Agreement, 1900.
Between Sir Henry Hamilton Johnston, K.C.B., Her Majesty’s
Special Commissioner and Commander-in-Chief for the Uganda
Protectorate and the adjoining territories, representing the
Government of Her Britannic Majesty the Queen of Great Britain
and Ireland and Empress of India on the one part, and the Kabaka
and chiefs of the district Toru on the other part.
1. That portion of the district of Toru to which the present
Agreement applies shall be divided into the following administra-
tive divisions :—(a) Toru, (b) Mwengi, (c) Kitakwenda, (d) Kitak-
weta or West Chaka, (e) East Chaka, and (f) Nakabimba.
They shall be approximately bounded as follows :—
The administrative division of Toru shall be bounded on the
north by the Semliki River; on the east by a line drawn from the
Semliki River starting at a point near a place called Dukala. From
thence the line shall be carried past a place called Kisajia due south
to the rise of the Toru escarpment. From the summit of the Toru
escarpment the line shall be carried for a distance of ten miles east-
wards along the edge of the escarpment and then shall be deflected
south-east for a distance of twelve miles, and from this point shall
be carried east-south-east to the right bank of the River Munobo,
an affluent of the River Mpanga. From this point the eastern
boundary shall follow the right bank of the River Munobo down
stream to its confluence with the Mpanga, and thence shall follow
the right bank of the Mpanga River down stream tu its entrance
into Lake Ruisamba. The southern boundary of the Toru sub-
division shall be the northern coasts of Lake Ruisamba, of Lake
Kafuru, and of Lake Albert Edward. The western boundary of
the Toru sub-division shall be the 30th degree of east latitude.
The administrative division of Mwengi shall be bounded as
follows :—On the north-west and north by the Semliki River and
the coast of Lake Albert Nyanza; on the east and north by the lett
bank of the River Kuzizi or Misisi, from its entrance into Lake
Albert Nyanza up stream to its confluence with the little river
Kiji, about twelve miles to the west of “ Fort Roddy ” (Nakabimba).
From this point the eastern boundary of the Mwengi sub-division
shall follow the Kiji stream, up stream for about fourteen miles,
and from this point shall be carried west-south-west to the vicinity
of the site of Fort Briggs. The southern boundary of the Mwengi
district shall be a line drawn from the vicinity of the site of Fort
Briggs in a west-north-westerly direction for about thirty-six miles,
and from where this measurement ends shall be carried in a south-
63
994 Laws of the Uganda Protectorate. [Apr. B
westerly direction for twenty miles, and thence in a south-south-
westerly direction to the vicinity of Mt. Loamaja. From the
northern flanks of Mt. Loamaja the boundary shall be carried due
west to the Mpanga River. The western boundary of the Mwengi
sub-division shall be the River Mpanga and the eastern boundary
of the Toru sub-division.
The Kitakwenda administrative division shall be bounded as
follows :—On the north by the left bank of the Mpanga River, by
the southern boundary of the Mwengi sub-division, and thence by
a line drawn from the northern flank of Mt. Loamaja due east for
a distance of twenty-two miles, or until the Isajasi or Kasinga
rivulet is reached. On the east by the Kasinga or Isajasi rivulet
as far as its confluence with the River Katonga. On the south by
the River Katonga from its confluence with the Isajasi, westward
to the vicinity of Fort Grant. From this point the southern boun-
dary shall be drawn west-south-west and then westwards to the
south coast of Lake Kafuru.
The administrative division of Kitakweta shall be bounded as
follows :—On the north and west by the eastern and southern boun-
daries of the Mwengi sub-division, on the south by the northern
boundary of the Kitakwenda sub-division ; and on the east by a line
starting from the point where the northern boundary of the Kitak-
wenda sub-division touches the Isajasi or Kasinga rivulet north-
westwards till it reaches the eastern boundary of the Mwengi
district, in the vicinity of Mount Fumi.
The administrative division of East Chaka shall be bounded
as follows :—On the west by the eastern boundaries of the Kitak-
weta and Kitakwenda sub-divisions; on the south by the Katonga
River; on the east by the Nabutari River and the frontier of the
Uganda Province; and on the north by the eastern boundary of the
Mwengi sub-division and the southern boundary of the Nakabimba
sub-division.
The administrative division of Nakabimba shall be bounded as
follows :—On the north by the Kuzizi or Misisi River; on the east
by the boundary of the Uganda Province, which is a line drawa
from the left bank of the River Kuzizi, near its source, and about
ten miles north- westwards of the Mubende Mountain, in a south-
westerly direction for about twenty miles. From where this
measurement of twenty miles ends, along the Uganda frontier the
southern boundary of the Nakabimba sub-division shall be carried
in a west-north-westerly direction till it reaches the right bank of
the River Kiji near the site of Fort De Winton. The western
houndary shall be the course of the River Kiji down to its con-
fluence with the River Kuzizi or Musisi.
2. The above-defined administrative divisions do not include
the whole area of the district of Toru, but those portions of the
‘
App. B.| Agreements. 995
district which border more closely on the Congo Free State will
be subject to the same regulations as those set forth in this Agree-
ment, and will for the present be administered by the principal
European official placed in civil charge of the Toru district.
3. By this Agreement the Chief Kasagama is recognised by
Her Majesty's Government as the Kabaka or supreme chief over
all that part of the Toru district which is included within the
limits of the above-mentioned administrative sub-divisions ;
Nasaniri Kagwa Pokino is recognised as chief over the Mwengi
sub-division; Bulemo Katambala as chief over the Kitakwenda sub-
division ; Nyama Kitunzi as chief over the Kitakweta sub-division;
Kagoro Lwekula as chief over the East Chaka sub-division; and
Mugema Kiambaranga as chief over the Nakabimba sub-division.
So long as the aforesaid Kabaka and chiefs abide by the conditions
of this Agreement they shall continue to be recognised by Her
Majesty’s Government as the responsible chiefs of the Toru dis-
trict. They shall be allowed to nominate their successors in the
event of their demise, and the successors thus nominated shall be
in like manner recognised by Her Majesty’s Government as the
successors to the dignity of chieftainship, on the understanding
that they equally abide by the terms of this Agreement. But should
the Kabaka or the other chiefs herein named fail at any time to
abide by any portion of the terms of this Agreement they may be
deposed by Her Majesty’s principal representative in the Uganda
Protectorate, and their titles and privileges will then pass to any
such other chiefs as Her Majesty’s principal representative may
select in their place. Should the Kabaka of Toru—-Kasagama or
his successors—hbe responsible for the infringement of any part of
the terms of this Agreement, it shall be open to Her Majesty’s
Government to annul the said agreement, and to substitute for it
any other methods of administering the Toru district which may
seem suitable.
4, All the waste and uncultivated land which is waste and
uncultivated at the date of this Agreement; all forests, mines,
minerals, and salt deposits in the Toru district shall be considered
to be the property of Her Majesty’s Government, the revenue
derived therefrom being included within the general revenue of
the Uganda Protectorate; but the natives of the Toru district shall
have the same privileges with regard to the forests as have been
laid down and formulated in the aforesaid regulations in force in
the Uganda Protectorate as are applicable to the natives of each
province or other administrative division of the Protectorate
within such province or administrative division.*' Her Majesty’s
Government shall have the right of enforcing on the natives of
2 See Chapter 27, Forests, ante,
63a
996 Laws of the Uganda Protectorate. [Ape. B.
the Toru district, as elsewhere in the Uganda Protectorate, the
protection of game”; and in this particular it is hereby agreed that
within the Toru district the elephant shall be strictly protected,
and that the killing or the capture of elephants on the part of the
natives of the Toru district shall be regulated by the principal
European official placed in civil charge of this district.
5. There shall be imposed henceforth on the natives of the
Toru district the same taxation as is in force by a proclamation in
the other provinces or districts of the Uganda Protectorate, to wit,
the hut tax” and the gun tax. All revenue derived from Customs
duties, hut taxes, gun taxes, salt deposits, or any other sources
whatever shall be paid direct to the principal officer in civil charge
of the Toru district. No chief in the Toru district shall hence-
forth levy on other chiefs or on natives tribute or gifts of any kind,
except such as may be directly sanctioned by Her Majesty’s prin-
cipal representative in the Uganda Protectorate and as are specified
in the clauses of this Agreement.
6. Justice as between native and native shall be administered
direct by the recognised chiefs of the six sub-divisions. In ail
cases where a sentence of over three months’ imprisonment, or a
fine exceeding £5 in value, or where property of over £5 in value
is concerned, an appeal shall lie from the divisional native Courts
to the Lukiko of the Kabaka of Toru. In cases where the imprison-
ment exceeds a term of one year, or property involved exceeds the
value of £100, an appeal shall lie from the decision of the Kabaka
or his Lukiko to the principal European officer in civil charge of
the district of Toru. All fines, fees, or other sums legitimately
collected in the divisional native Courts of the district of Toru
shall be dealt with as follows :—One-third of the total annual value
of these sums shall be retained by the local chief administering
justice, and two-thirds shall be remitted to the Kabaka of Toru.
All cases between natives of the district of Toru and natives of
other districts of the Uganda Protectorate, or between natives and
foreigners, shall be tried by the British magistrates in the district
of Toru and shall be removed altogether from native jurisdiction.
7. From out of the total annual revenue received in the shape
of hut taxes and gun taxes from the six administrative divisions
above specified in the Toru district, 10 per cent. of the total value
shall be paid to the Kabaka; and of the total value of taxes remitted
by the chief of each sub-division 10 per cent. shall be remitted
to the recognised chief of such sub-division. Thus the Kabaka of
Toru will receive firstly 10 per cent. of the total value of the taxes
2 See Chapter 29, ante.
3'The Poll Tax Ordinance, 1905, ante, page 249, applies to Toro; see notice of the 18th April
1905, ante, page 253.
% See Part V. of The Uganda Arms Ordinance, 1906, ante, page 158.
App. B.| Agreements. 997
collected in the six previously mentioned sub-divisions of the Toru
district, and in addition 10 per cent. of the total taxes collected in
his own administrative division of Toru proper; the chief of the
Mwengi sub-division will receive 10 per cent. of the total value
ot the taxes collected in the Mwengi sub-division; the chief of
Kitakwenda will in like manner receive 10 per cent. of the total
value of the taxes collected in the Kitakwenda sub-division, and so
forth. In addition to the percentage of the taxes, the Kabaka
of Toru, as Kabaka, shall be granted an estate from out of the
waste lands of the Toru sub-division of an area of 16 square miles,
provided however that such estate may not include within its
limits any large areas of forest or any salt deposit. The Katikiro
or principal minister of the Kabaka of Toru shall in his official
position as Katikiro enjoy the usufruct of an estate to be allotted
out of the waste lands of the Toru sub-division, of an area of
10 square miles, not however to include any large area of forest
or any salt deposit within its hmits. In like manner, and with the
same reservations, the Namasole or the existing Queen Mother of
Kasagama shall receive from out of the waste lands of the Toru
sub-division an estate of not more than five square miles. The recog-
nised chiefs of the other five sub-divisions of the Toru district shall
enjoy in their official capacity the usufruct of an estate of 10 square
miles from out of the waste lands in their respective sub-divisions.
The private estates to be guaranteed to Kasagama, the present
Kabaka of Toru, shall not exceed 50 square miles in area, of which
amount 25 square miles must be held in the sub-division of Toru
proper. The private estates of the Katikiro shall not exceed
16 square miles, those of the Namasole 16 square miles, and those
of each existing chief of a sub-division, as named in this Agree-
ment, 16 square miles each.
In all respects the Toru district will be subjected to the same
laws and regulations as are generally in force throughout the
Uganda Protectorate.
Signed by the within-named Sir Henry Hamilton Johnston
and the Kabaka and chiefs of Toru at Fort Portal on the 26th day
of June, 1900.
HENRY HAMILTON JOHNSTON,
A.M. Special Commissioner and
Commander-in-Chief for the
Protectorate of Uganda.
Daupt KABAKA KASAGAMA,
NASANAILI KaGwa PokINo.
Nyama Kirunzi, his x mark.
Kacoro Lwekwta, his x mark.
BuLeMo KATAMBALA, his x mark,
MucEemMa KIAMBARANGA, his x mark.
998 Laws of the Uganda Protectorate. [App. B.
Witness to the signatures of Nyama, Kacoro, BULEMO
and MucEMa :
STEPHEN 8. BAGGE.
Witnesses to the above signatures :
STEPHEN 8. BAGGE.
ALEXANDER JOHNSTON.
Nasanino, Katixtro Mugsurast, his x mark.
Kisogo Mugasi, his x mark.
‘
The following memoranda were published in a book containing the Native
Agreements printed by the Government in 1905 :—
NOTE.
With reference to hut and gun taxes to be imposed henceforth in the district
of Toru, the following exemptions and privileges will be granted annually to the
personages named in this note, provided such personages adhere strictly to the
terms of the Agreement entered into by the Kabaka and chiefs of Toru with the
British Government :—
The Kabaka of Toru will be granted exemption from hut tax for fifty huts or
houses.
The Katikiro of Toru will be granted exemption for twenty huts or houses.
The Namasole or Queen Mother will be granted exemption for ten huts or
houses.
The recognised chiefs of each of the five administrative sub-divisions of the
district of Toru (as mentioned in the Agreement) will be granted severally exemp-
tion from hut tax for twenty-five huts or houses.
The Mujasi or head of the Kabaka’s police shall be granted exemption for
ten huts or houses; and the Dubuga or sister of the Kabaka shall be granted
exemption for ten huts or houses.
The following exemption from payment of the gun tax will be granted under
the like conditions as those applying to the exemption from the hut tax :—
The Kabaka will be granted exemption for ten gun-bearers.
The Katikiro will be granted exemption for two gun-bearers ; and each of the
recognised chiefs of an administrative sub-division shall be granted exemption for
five gun-bearers. The above exemptions in relation to the gun-bearers or the
possession of guns refer to guns which are used for private purposes. In addition
to this, however, no gun licences will be levied on guns which are used by the
Kabaka or the other recognised chiefs of Toru for the purpose of arming a police
force, provided that such native police force is instituted in accordance with the
permission and under the control of the principal European officer administering
the Toru district for the British Government.
H. H. JOHNSTON,
A.M. Special Commissioner.
App. B.] Agreements. 999
In addition to the settlement made in the above note, it is hereby noitfied that
in the Land Settlement of Toru the following persons will receive estates to the
total extent of ten square miles each :—
The Kimbugwe, the Sekibobo, Kangawo, Mugema, Kaima, Mukwenda,
Kasuju and Kago.
The same persons likewise shall be granted exemption from hut tax for five
huts or houses each, and exemption from gun tax for two gun-bearers each, or for
two persons permitted to carry firearms, one of such persons being if necessary the
gun-owner.
297TH Junz, 1900. H. H. JOHNSTON.
The Ankole Agreement, 1901.”
Agreement between Frederick J. Jackson, Esq., C.B., His
Majesty's Acting Commissioner and Consul-General for the
Uganda Protectorate and the adjoining territories, representing
the Government of His Britannic Majesty the King of Great
Britain and Ireland, and Emperor of India, on the one part, and
the Kabaka and chiefs of the district of Ankole, on the other part.
1. That portion of Ankole to which the present Agreement
applies shall be divided into the following administrative
divisions :—
(a) Mitoma.
(b) Nyabushozi.
(c) Nshara.
(d) Ishingiro.
(e) Ruampara.
(7) Buzimba.
(g) Ngarama, Shema, and Kashari.
(h) Igara.
(t) Bwawezo, and
(7) Bunyaraguru.
They shall be approximately bounded as follows :—
The administrative division of Mitoma shall be bounded on
the north by the recognised Ankole-Toro and Ankole-Uganda
boundaries, on the east by the recognised Ankole-Uganda boun-
dary; on the south by a line drawn due west between Rutunga on
25 See proclamation, following.
1000. Laws of the Uganda Protectorate. (App. B.
the north and Butaka on the south, to the Nyanza river, thence in a
west-south-westerly direction north of Nyabisheche and south of
Wakahaya to the Kabobo river, thence north-east to the Charu-
tanga-river, following the recognised boundary, i.¢., the portions of
the Rivers Orwibu, Katho, and Charutanga, lying west of Ibanda,
as far north as Fort Grant site.
The administrative division of Nyabushozi shall be bounded
on the north by the southern boundary of the administrative
division of Mitoma; on the east by the recognised Uganda-Ankole
boundary to the present Government road; on the south by a line
drawn due west north of Nsongi, thence by a line drawn due south-
west to Mbarara station; on the west by a line drawn north-east by
north from Mbarara station to south of Echitoma village, thence
due west to the Rivers Kabari, thence north, following the Rivers
Kabari, Rubindi, and Chandahi to the River Kabobo.
The administrative division of Nshara shall be bounded as
follows :—
On the north by the southern boundary of Nyabushozi, on the
east by the recognised Ankole-Uganda boundary, on the south by
a line passing through the centre of Lakes Kachera and Mazinga
in a south-westerly direction, including the islands of Shangi and
Kabagarira (sometimes peninsulas) to the mouth of the Ruizi river,
and thence westwards along that river to Mbarara station.
The administrative division of Ishingiro shall be bounded as
follows :—
On the north by the River Orwizi, on the south-east by Lake
Mazinga, on the south and south-west by the present Government
road.
The administrative division of the Ruampara shall be bounded
as follows :—
On the north by the River Orwizi, on the north-east and east
by the present Government road leading from Mbarara station to
Charubikwa, leaving the Charubikwa shambas on the east, thence
in a straight line due south to the Anglo-German boundary, on the
south by the recognised Anglo-German boundary, on the west by
the recognised Kazara-Ruampara boundary.
The administrative division of Buzimhba shall be bounded as
follows :-—
On the north by the recognised Toru-Ankole boundary, on the
east by a line drawn from the site of Fort Grant in a south and
south-easterly direction following the Rivers Charutanga, Katho
(swamp), Bufunda, Kabari I., Kabobo, Rubindi, Chandahi, and
Kabari II., to the village of Rubindi, on the south by a line drawn
App. B.] ihe Agreements. 1001
due east and west from the village of Rubindi to Nyaruchika,
including these two places, on the west and south-west by the recog-
nised Buwezu-Buzimba boundary.
The administrative divisions of Ngarama, Shema, and
Kashari shall be bounded as follows :-—
The administrative sub-division of Ngarama shall be bounded
on the north by Lake Mazinga, on the east by the recognised Ankole-
Bukanga boundary, 7.¢., by a line drawn through the valley running
due south from Lake Mazinga to the Anglo-German boundary east
of, and at the foot of, the Hills Luametelengo and Luenkungulu, on
the south by the Anglo-German boundary, on the west by the eastern
boundary of the administrative division of the Ruampara.
The administrative sub-divisions of Shema and Kashari shall
be bounded on the north by a line running due east and west along
the southern boundary of the administrative division of Buzimba
io Echitoma village, leaving Echitoma village on the north; on the
east by a line drawn from the south of Echitoma village in a south
by westerly direction to Mbarara station, leaving Chichasa on the
east; on the south by the Orwizi river; on the west by the Shema-
Igara and Shema-Buhwezo boundaries
The administrative division of Igara shall be bounded as
follows :—
On the north by a line drawn along the top of the chain of hills
lying directly north of that forest known as the Bunyaraguru
Forest in an easterly direction to the Buhwezho-Igara recognised
boundary, thence south-east to the head waters of the Orwizi river,
on the east by the Shema-Igara boundary; on the south by the recog-
nised Igara-Kazara and Igara-Ruzumburu boundaries; on the west
by the recognised Igara-Ruzumburu, Igara-Ndusi, and Igara-
Kamsusa boundaries.
The administrative division of Buhwezo shall be bounded as
follows :—
On the north by Dweru Channel and Lake Dweru; on the
east by the recognised Buhwezo-Buzimba and Buhwezo-Shema
boundaries; on the south by the recognised Buhwezo-Igara boun-
dary; on the west by the River Chambura.
The administrative division of Bunyaraguru shall be bounded
on the north-west by the Dweru Channel; on the east by the Cham-
bura River, the recognised Bunyaraguru-Igara and Kamsura-Igara
1002 Laws of the Uganda Protectorate. [App. B.
boundaries; on the south by the Rwenchwera river; on the west by
Lake Albert Edward.
2. The above defined administrative divisions do not include
the whole area of the district of Ankole, but those portions of the
district which border more closely on the Congo Free State and
German territory will be subject to the same regulations as those
set forth in this Agreement, and will for the present be administered
by the principal European official placed in civil charge of the
Ankole district, until such time as the chiefs thereof voluntarily
place themselves under the suzerainship of Kahaya.
3. By this agreement the Chief Kahaya is recognised by His
Majesty’s Government as the Kabaka or supreme chief over all that
part of the Ankole district which is included within the limits
of the above-mentioned administrative sub-divisions. Buchunku
is recognised as chief over the Mitoma sub-division; Masiko is
recognised as chief over the Nyabushozi sub-division; Rutasharara
is recognised as the chief over the Nsara sub-division; Mazinyo is
recognised as the chief over the Ishingiro sub-division; Duhara is
recognised as the chief over the Ruampara sub-division; Nduru
is recognised as chief over the Buzimba sub-division ; Baguta
Katikiro is recognised as chief over the Ngarama, and Shema, and
Kashari sub-divisions; Mkotani is recognised as chief over the
Igara sub-division (to be temporarily administered by Regent
Bakora until such time as Mkotani shall come of age); Rubarremma
shall be recognised as chief over Buhwezo sub-division; and
Kaihura shall be recognised as chief over Bunyaraguru sub-
division.
So long as the aforesaid Kabaka and chiefs abide by the con-
ditions of this Agreement they shall continue to be recognised by
His Majesty’s Government as the responsible chiefs of the Ankole
district.
They shall be allowed to nominate their successors in the event
of their demise, and the successors thus nominated shall be in like
manner recognised by His Majesty’s Government as the successors
to the dignity of chieftainship, on the understanding that they
equally abide by the terms of this Agreement.
But should the Kabaka or the other chiefs herein named fail
at any time to abide by any portion of the terms of this Agreement,
they may be deposed by His Majesty’s principal representative in
the Uganda Protectorate, and their titles and privileges will then
pass to any such other chiefs as His Majesty’s principal represent-
ative may select in their place.
App. B.] Agreements. ~ 1003
Should the Kabaka of Ankole—Kahaya or his successors—be
responsible for the infringement of any part of the terms of this
-Agreement, it shall be open to His Majesty’s Government to annul
the said Agreement, and to substitute for it any other methods of
administering the Ankole district which may seem suitable.
4, All the waste and uncultivated land which is waste and
uncultivated at the date of this Agreement, all forests, mines,
minerals, and salt deposits in the Ankole district shall be con-
sidered to be the property of His Majesty's Government, the
revenue derived theretrom being included within the general
revenue of the Uganda Protectorate; but the natives of the Ankole
district shall have the same privileges with regard to the forests
as have been laid down and formulated in the aforesaid regulations
in force in the Uganda Protectorate as are applicable to the natives
of each province or other administrative division of the Protec-
torate within such province or administrative division.”
His Majesty’s Government shall have the right of enforcing
on the natives of the Ankole district, as elsewhere in the Uganda
Protectorate, the protection of game” ; and in this particular it is
hereby agreed that within the Ankole district the elephant shall be
strictly protected, and that the killing or capture of elephants on
the part of the natives of the Ankole district shall be regulated by
the Sub-Commissioner of the Western Province.
5. There shall be imposed henceforth on the natives of the
‘Ankole district the same taxation as is in force by proclamation in
the other provinces or districts of the Uganda Protectorate, to wit,
the hut tax* and the gun tax.”
All revenue derived from Custom duties, hut taxes, gun taxes,
salt deposits, or any other sources whatever, shall be paid direct to
the principal officer in civil charge of the Ankole district.
No chief in the Ankole district shall henceforth levy on other
chiefs or on natives tribute or gifts of any kind, except such as may
be directly sanctioned by His Majesty’s principal representative in
the Uganda Protectorate and as are specified in the clause of this
agreement. :
6.°Justice as between native and native shall be administered
direct by the recognised chiefs of the ten sub-divisions. In all
cases where a sentence of over three months’ imprisonment, or a fine
‘exceeding £5 in value, or where property of over £5 in value is
concerned, an appeal shall lie from the divisional native Courts
‘to the Lukiko of the Kabaka of Ankole.
26 See Chapter 27, Forests, ate.
27 See Chapter 29, ante.
28 The Poll Tax Ordinance, 1905, avte, page 249, applies to Ankole; see Section 6 of that
Ordinance.
29 See Part V. of The Uganda Arms Ordinance, 1906, ante, page 158.
% See the proclamation of the 19th August, 1905, following.
1004 Laws of the Uganda Protectorate. [Arp. B
In cases where the imprisonment exceeds a term of one year,
or property involved exceeds the value of £100, an appeal shall lie
from the decision of the Kabaka or his Lukiko to the principal
European officer in civil charge of the district of Ankole.
All fines, fees, or other sums legitimately collected in_ the
divisional native Courts of the district of Ankole shall be dealt
with as follows :—
One-third of the total annual value of these sums shall be
retained by the local chief administering justice and two-thirds
shall be remitted to the Kabaka of Ankole. All cases between
natives of the district of Ankole and natives of the other districts
ot the Uganda Protectorate, or between natives and foreigners,
shall be tried by the British magistrates in the district of Ankole,
and shall be removed altogether from native jurisdiction.
7. From out of the total annual revenue received in the shape
of gun taxes and hut taxes from the ten administrative divisions
above specified in the Ankole district, 10 per cent. of the total value
shall be paid to the Kabaka, and of the total value of taxes remitted
by the chief of each sub-division, 10 per cent. shall be remitted to
the recognised chief of such sub-division. Thus the Kabaka of
Ankole will receive 10 per cent. of the total value of taxes collected
in the ten previously mentioned sub-divisions of the Ankole dis-
trict; the chief of the Mitoma sub-division will receive 10 per cent.
of the total value of the taxes collected in the Mitoma sub-division;
the chief of the Nyabushozi sub-division will receive 10 per cent.
of the total value of the taxes collected in the Nyabushozi sub-
division, and so forth.
In addition to the percentage of the taxes, the Kabaka of
Ankole, as Kabaka, shall be granted an estate from out of the waste
lands, of an area of 16 square miles, of the Shema and Kashari
sub-division, provided, however, that such estate may not include
within its limits any large area of forest or salt or mineral deposit.
The Katikiro, or principal minister of the Kabaka of Ankole,
shall, in his official position as Katikiro, enjoy the usufruct of an
estate to be allotted out of the waste lands of the Shema and
Kashari sub-division, of an area of 10 square miles, not, however,
to include any large forest or any salt or mineral deposit within
its limits. The recognised chiefs of the other nine sub-divisions of
the Ankole district shall enjoy in their official capacity the usufruct
of an estate of 10 square miles from out of the waste lands in their
respective sub-divisions.
App. B.] Agreements. 1005
The private estates to be guaranteed to Kahaya, the present
Kabaka of Ankole, shall not exceed 50 square miles in area, of
which amount 25 square miles must be held in the sub-division of
Shema and Kashari.
The private estates of the Katikiro shall not exceed 12 square
miles, and those of each existing chief of a sub-division, as named
in this agreement, 10 square miles each.
In all respects the Ankole district will be subjected to the same
laws and regulations as are generally in force throughout the
Uganda Protectorate.
Signed by the within-named Frederick J. Jackson, Esq., at
Entebbe, on the 25th day of October, 1901. —
F. J. JACKSON.
Witness :
A. G. Bove.
And by the Kabaka and chiefs of Ankole at Mbarara on the
7th day of August, 1901.
Kanaya, his x mark.
Bacuta, his x mark.
Katsura, his x mark.
Dvunara, his x mark.
Nopvru, his x mark.
Bucuunkt, his x mark.
RuTASHARARA, his x mark.
Masixo, his x mark.
Mazinyo, his x mark.
RupBaReMMA, his x mark.
MxkotanI, his x mark.
And his Regent,
Baxora, his x mark.
Witnesses to signatures :
(FEORGE WILSON,
Sub-Commissioner for the Western Province.
R. BR. RAcey,
Collector, Ankole.
G. C. R. Munpy, Lieutenant,
Commanding Ankole Military District.
J.J. Wis.
Church Missionary Society.
Interpreters :
SEmIont, K.
IsaKA.
1006 Laws of the Uganda Protectorate. [Apr. B.
The following memorandum was published in a book containing the Native
Agreements printed by the Government in 1905 :-—
NOTE.
With reference to gun and hut taxes to be imposed henceforth in the district
of Ankole, the following exemptions and privileges will be granted annually to
the personages named in this note, provided such personages adhere strictly to
the terms of the Agreement entered into by the Kabaka and chiefs of Ankole with
the British Government :—
The Kabaka of Ankole will be granted exemption from hut tax for fifty huts
or houses.
The Katikiro of Ankole will be granted exemption for thirty-five huts or
houses.
The recognised chiefs of each of the other nine administrative sub-divisions
of the district of Ankole (as mentioned in the Agreement) will be granted
severally exemption from hut tax for twenty-five huts or houses.
The Mujasi, or head of the Kabaka’s police, shall be granted exemption for
ten huts or houses.
The following exemptions from payment of the gun taxes will be granted
under the like conditions as those applying to the exemption from the hut tax :—
The Kabaka will be granted exemption for ten gun-bearers, and each of the
recognised chiefs of an administrative sub-division shall be granted exemptions for
five gun-bearers.
The above exemptions in relation to the gun-bearers, or the possession of |
guns, refer to guns which are used for private purposes. In addition to this,
however, no gun licences will be levied on guns which are used by the Kabaka,
or the other recognised chiefs of Ankole, for the purpose of arming a police force,
provided that such native police force is instituted in accordance with the per-
mission and under the control of the principal European officer administering the
Ankole district for the British Government.
PROCLAMATION.
Whereas the recent murder in Ankole of Mr. H. St. G. Galt, Acting Sub-
Commissioner of the Western Province, and the circumstances connected therewith,
have made it appear that the Kabaka and the chiefs of the district of Ankole
have failed in their duty to the Government of His Majesty the King under the
Agreement of the 25th October, 1901, I hereby suspend the said Agreement and
direct that its provisions be continued subject to any orders from time to time
made by His Majesty’s Commissioner ; and I further especially direct that in the
administration of justice it be in the discretion of His Majesty’s Commissioner
to interfere, in the public interest and for the sake of justice, by the transfer
of any case or class of cases from the jurisdiction of any Court established under
the said agreement (and now continued subject to the pleasure of the Commis-
ene this proclamation) to the jurisdiction of His Majesty’s High Court of
ganda.
Given at Entebbe this 19th day of August, 1905.
J. HAYES SADLER,
A. M. Commissioner.
Index. 1007
INDEX.
PAGE
ACCOMPLICE
Evidence of ... er ns sis nie ee en wie on ae wa 90, 97
ACQUISITION
Of land for public purposes Bee se es oh ite sa ane wn we» =180
ADMINISTRATION
General, of Protectorate, U. O. C., 1902, Art. 4-11... ea wa ware ike 886-888
Of estates. See Succession.
ADMINISTRATIVE
Divisions of Protectorate. See UGanpa PRoTEcTORATE.
ADMIRALTY.
ADMIRALTY OFFENCES (COLONIAL) ACT, 1849, in schedule to Foreign Jurisdic-
tion Act, 1890, applied by U. O. C., 1902, Art. 13... ees . 121
ADMIRALTY OFFENCES (COLONIAL) ACT, 1860, in schcdiies to Renin ‘Furled:
tion Act, 1890, applicd by U. O. C., 1902, Art. 13 ... ee . 121
COLONIAL COURTS OF ADMIRALTY ACT, 1890, Sec. 2 na , 5, 6, 16 &, inal
cation of, U. O. C., 1902, Art. 16
High Court, a Court of—-U. O. C., 1902, Art. 16 Scie ee wil wtb i 1, 891
Jurisdiction, may be conferred on Subordinate Courts. U. O. C., 1902, Art 16 (3) (4) 891-892
ADULTERATION
’
Of food, drink and drugs, note l ... ware “iste wee aa we8 nies a w. 559
Of milk. See Townsuirs ... sist ih a a oss sin es ne v» 808
Of produce. See Propuce ... atts os Pe ag ait a fs oat w. 559
AGENTS.
Recognised, in civil cases ... iis a ae es zig sist aed 7 we 115
Transit si beg soe sel sis a6 aoe hd eats See is ... 280
AMMUNITION. See Arms.
ANKOLE. See Ucanna PROTECTORATE.
ANIMALS. :
No. 18 of 1909. THE PREVENTION OF CRUELTY TO ANIMALS ORDINANCE,
1909 ... a Fe aes xen ‘sip aby aa tare oe day nas -. 483
Crops, protection of, from game ... aie ia ae is sei ais as ww 471
Cruelty to, in townships, etc. aie ot on ihe is ages exemptions ... sta ea cee wise Sh seid age 160, 161
Returns to be made by persons dealing in for sale... bs bas a ee ag DB
Sale of. No. 5 of 1906, Secs. 25 to 80 ... ane sks ‘ies age oe a wa. ~L58
Search warrants, No. 5 of 1906, Sec. 41
64
ith es Hts tes we 160
1010 Index.
PAGE
ARMS AND AMMUNITION—continued.
Seizure of. No. 5 of 1906, Sec. 42. 161
Trade in Firearms. See Trae.
Use of by Prison Officers against prisoners.. No. 9 of 1909, Sec. 16... “209
», by servants and followers. No. 5 of 1906, Sec. 36 oo 159
», by servants of Game Licence holders. No. 9 of 1906, Sec. 32 474
» guns lent. No. 5 of 1906, Sec. 37 w» 159
5, inclosed districts—Nile. Rules, 1907 io ia nls 241, 242
a 3 ee Rudolf, Karamoja and Lobor. Rules, 1904 240, 241
” ” ” ” ” > f Rules, 1908 504
Volunteer Reserve, members of, exemption 160
AUCTIONEERS. Sce Broxers.
BAKERIES. See Townsuips.
BANK
Savings. See Savines Bank.
BANKERS
Dealing in native gold to keep records ... 432
BANKRUPTCY.
No. 4 of 1906. THE BANKRUPTCY AND LUNACY ORDINANCE, 1906 538
High Court to have jurisdiction. No. 4 of 1906 538
English law to apply. No. 4 of 1906 538
BARBED WIRE. See Townsuips.
BARRISTERS. See Lecau PracTivioNneRs.
BILLS OF HEALTH
Power to levy fees and charges for. No. 9 of 1902 243
BIRDS
Included in term ‘‘ Game.’’ See Game.
Not to be shot in Entebbe 310
BIRTHS
Offences relating to. Note 1 676
See REGISTRATION OF BIRTHS.
BOMBO
Certain Township Rules applied. Notice, 1908 312
Jurisdiction of Court in civil matters. Notice, 1908 ... 6
Limits of township. Proclamation, 1909 312
A Cantonment. Proclamation, 1908 867
See also MILITARY, CANTONMENTS.
BREACH OF CONTRACT. See Contract.
BRITISH CENTRAL AFRICA. See Nyasatanp,
BRITISH SPHERE
On East Coast of Africa 895
BROKERS
No. 1 of 1902. THE BROKERS REGULATIONS, 1902 506
Licences aoe eis isis ies ai nae ae ais male 506
i Collector, Eutebbe, to be Deputy Sub-Commissioner for issue of 150
6 43 Toro to be Acting Sub-Commissioner for the purposes of The Brokers
Regulations, 1902. Notice, 1907 sig) x «. 150
iy District Commissioner, Hoima, to be Acting Sub-Commissioner for hd pur-
poses of The Brokers Regulations, 1902. Notice, 1907 151
Regulations for Brokers, Pawnbrokers, es Changers, Gold and sahuag iain No. 1 of
1902 aise
see eee vee vee see
vw 506
Index.
1011
BUGANDA. See Uaanpa PRoTEcTORATE.
BUILDINGS. See Townsaips.
Erection of, on Crown Lands near Public Roads outside towns and stations.
Negligence in pulling down or repairing, see note 3 ...
BUKAKATA
A Customs port. Notice, 1908 ...
BUSOGA
Lukiko, constitution of, see note 21
Native Courts in
BUTIABA
Native Liquor Ordinance, 1902, applied to. Proclamation, 1908
BUVUMA
Registration of canoes at. Sleeping Sickness Rules, 1908
BWANUKA
Hippopotami not protected at. Proclamation, 1907 ...
CANTONMENT. See Miuitary.
CARAVANS.
Arms for caravans entering the Protectorate. No. 5 of 1906, Sec. 15
Expeditions from adjacent territories. No. 5 of 1906, Sec. 16
See LagBourt
CARRIERS. See Raitways.
CATTLE
Cleaning carcases of, in townships
Cruelty to
Disease. See DisEasz.
Furious or reckless driving of, in townships
Import and export. See Customs.
Inspectors. No. 6 of 1902, Sec. 10
Maiming. See note 16 2 ae ite a3
Obstruction by, in townships. No. 1 of 1908, Sec. 94...
Permit to keep in townships as wee ats
Pounds, power to levy fees and charges. No. 9 of 1902
nn fees i ie ae ein = ea
Shed. Power to levy fees and charges. No. 9 of 1902
ois Fees
i3 Rules ...
CEMETERIBES..
Fees. Power to levy. No. 9 of 1902
> In townships
Rules for
CHARACTER. See Evipencr.
CHARGES. See Ferns.
CHIEF SECRETARY TO THE GOVERNMENT. Sce Governor.
CHILDREN
Maintenance orders
Sentence of death upon ... aes re ee ve av
CHOLERA. See Disrasges, INFECTIOUS.
CHURCH OF ENGLAND, See Corporations,
644
PAGE
Rules, 1905 376
292
276
33
83
578
155
155
we 199
199, 483
199
461
483
199
246
244
245
248
245
299
244
246
304
611, 656
12%
1012 Index.
PAGE
CIVIL PROCEDURE.
THE INDIAN CIVIL PROCEDURE CODE, 1882 age ang : . 114
No. be 1907. THE CIVIL PROCEDURE Peer AGENTS) ORDINANCE,
7
Execution. Police not ordinarily arrestable in execution for debt. No. 1 of 1908, Sec. 74 192
33 Soldiers not ordinarily arrestable in execution for debt. No. 8 of 1902,
Sec. 63... wis 853
5 Pay of police generally not ibaa te ak No. 1 o 1908, Seo. 76... 192
i Pay of soldiers generally not attachable for debt. No. 8 of 1902, Sec. 63... 354
Notice of action against Government. Note 7 ... ihe seis Sas bes Ere - 869
Notice of action against police. No. 1 of 1908, Sec. 72 ‘ ae si wc ws. = 191
Notice of action against soldiers. No. 8 of 1902, Sec. 68, 1902 as sie sisi «. 854
Recognised Agents. No. 1 of 1907 iis a : a se ie seid wos 11S
Warrants and decrees from East Africa, Nyasaland al aiietban. ‘No. 3 of 1908 -. 116
CLOSED DISTRICTS. See Ovtiyine Distnicts.
COASTING TRADE 08 we ee fa tay a5 ag ioe ies aes we. 264
COIN. See Currency.
COLLECTIVE PUNISHMENT. See PunisuMent.
COLLECTOR
Now District Commissioner a sie = se 3 Hie ai nid -. 149
Not bound to disclose source of information re offence sauna public revenues ... wes. 94
COMMISSION ROGATOIRE. See Evipencr.
COMMISSIONER. See Governor.
COMMUTATION
Of sentence... digs Bie Bute i as sie sia sit sini wins ... 888
COMPANIES.
No. 12 of 1905. THE UGANDA COMPANIES ORDINANCE, 1905 as ig vee 495
Civil suits by and against. Note’ 1 adh aa said wid sla ia ais ve 495
Fees. Notice, 1908 BS ps see ibs ene yk dhe sve pe sae .. 496
Indian Acts applicd. No. 12 of 1905... sie dic ins Bee ats sith we 495
Mining, restriction on, Rule 82... ia ee i ad wx at oe ve 425
COMPENSATION
To inhabitants of disturbed or dangerous districts for damage. See Districts.
CONTRACT.
No. 15 of 1899. Order applying THE INDIAN CONTRACT ACT, 1872 ... ae 129, 539
No. 12 of 1908. THE BREACH OF CONTRACT ORDINANCE, 1903 ... zie .. 588
Breach of—
3 Ordinance No. 12 of 1903 applied to Entebbe and Kampala in Ordinance ... 599
5 Ordinance No. 12 of 1903 applied to Jinja and Mbale. Notice, 1906 -» 590
5 By native porters, ete. Sec. 30 of No. 9 of 1905... ae wae nea ve =596
“3 Of service, see note 2 “33 Bi ts as es si sity -» 588
By police ae este a ‘a ie He ‘ite sale ae eda aye w. =192
By soldiers... fins se tee tee tee oe uv ha Gy ake 853, 854
Of labour. See Lazour.
COPYRIGHT. See note 1 sis aig ses tes aia aije ose zal an 121, 5038
Index. 1013
PAGE
CORPORATIONS |
No. 6 of 1908. THE CHURCH OF ENGLAND TRUSTEES ORDINANCE, 1908 497
No. 16 of 1909. THE LAND (PERPETUAL SUCCESSION) ORDINANCE, 1909 499
Church of England Trustees in Entebbe. Proclamation, 1908 499
Civil suits, by and against, note 1... 497
Land Trustees. No. 16 of 1909 = 499
COTTON. See Puants.
COURTS.
THE UGANDA AGREEMENT, 1900 ... 952
THE ANKOLE AGREEMENT, 1901 999
THE TORO AGREEMENT, 1900 993
THE UGANDA AGREEMENT (J UDICIAL), 1 1905 980
THE UGANDA ORDER IN COUNCIL, 1902, Art. 15-23 . 891-893
THE EASTERN AFRICAN PROTECTORATES eee OF APPEAL) ORDER IN
COUNCIL, 1909
THE EASTERN AFRICAN PROTECTORATES (APPEAL TO PRIVY counett)
ORDER IN COUNCIL, 1909
No. 10 of 1902. THE SUBORDINATE. COURTS ORDINANCE, 1902
No. 16 of 1904. THE UGANDA APPEAL ORDINANCE, 1904
No. 5 of 1905. THE UNYORO NATIVE COURTS ORDINANCE, 1905
No. 10 of 1905. THE NATIVE COURTS ORDINANCE, 1905 :
No. 3 of 1908. THE JUDGMENTS EXTENSION ORDINANCE, 1908
No. 15 of 1909. THE NATIVE COURTS ORDINANCE, 1909
COURTS, APPELLATE.
Appeals to Privy Council.
Fees payable to Court of Appeal to astern Africa, Appeals Court Rule 37
Provisions for, astern African Protectorates ies to ee seu Order in
Council, 1909
Security for appeal wa ei
Appeals to H.M. Court of Appeal for Taste Aiea,
Constitution of the Court of nue Eastern African Proteclorates wom of noe S)
Order in Council, 1909
Fees, Appeals Court Rule 37
», Uganda Court Rule VI. (B).
»» In Divorce Cases
Provision for. No. 16 of 1904 sive any sis
se in Divorce Cases. No. 15 of 1904, Sec. 39
Appeals to High Court.
116
941
943
945
932
940
12
660
114
658
Assessment and rating cases. No. 10 of 1903, Sec. 4, and Township Rule 17 (8) 287,291
From Subordinate Courts. No. 10 of 1902, Secs. 11, 16 and 17
», British Native Courts. No. 10 of 1905, Sec. 13 ...
» British Native Courts. Rules, 1905
» Native Courts in ue See Tat UGANDA hepa (Toone), 1905,
Clause 4
», Unyoro Native Courts. No. 5 ‘of 1905, 6, 12.
Fees. The Court Fees Rules. Rule VI. (A)
Appeals to Subordinate Courts
In Criminal cases. No. 10 of 1902, Sec. 11
Fees on, Uganda Court Fees Rules, 1903, VI. (A)
Rating Cases, Township Rule 17
3
21
37
981
17
11
3
i
291
Governor may appoint persons to hear ee (oii) from Siifieetinabs ‘Tides,
No. 10 of 1902, Sec. 17
1014 Index.
PAGE
COURTS, CANTONMENT.
No. 7 of 1908, Sec. 4 B64
COURTS, HIGH COURT.
Committals to, power to direct. No. 8 of 1906 119
From Buganda and Eastern Province. Order, 1906 120
»,» Western Province. Order, 1907 120
Constituted, U. O. C., Art. 15 a ee 891
Death sentences passed by, to be confirmed by ‘Geena 892
Death sentences passed by British Native Court to be confirmed ty : 21
Courts subordinate to, may be constituted by Ordinance U. O. C., 1902, Art. 18 892
Jurisdiction of,
Admiralty. See ADMIRALTY.
Appellate. See Courts, APPELLATE.
Bankruptcy. See Bankruptcy.
Civil and Criminal, U. O, C., 1902, Art. 15 891
Companies. See ComPANIgs.
Divorce. See Divorce.
Lunacy. See Lunacy.
In suits relating to the registration of documents. No. 3 of 1904, Sec. 33... 515
Power to arrest deserters from foreign vessels in certain cases. No. 8 of 1908 133
Probate and Administration. See Succrssion.
Re applied English Acts. U. O. C., 1902, Sec. 13 890
Judge may preside over British Native Court. No. 8 of 1906 ou ity -. 119
Power to make rules of practice and procedure for all Courts. U. O. C., 1902, Art. 22... 893
Shall ordinarily sit at Entebbe. Notice, 1903 ay 900
COURTS-MARTIAL, See Mutrrary.
COURTS, NATIVE,
In Ankole, The Ankole Agreement, 1901, Art. 6, and Proclamation 1003, 1006
», Buganda tab oi bias iia wae ie ie oes «+ 25, 954, 957, 980
>», Busoga ; sic ww. = «88
», Toro, The Toro ‘detesnenl 1900, ae 6 993
», Unyoro is ae au ed wae «5
Meaning of term ‘‘ natives of the district ’’ 24, 33, 86
Power to constitute ... 22
COURTS, NATIVE BRITISH.
Constitution and powers. No. 10 of 1905 19
” a” ya No. 15 of 1909 92
Death sentences passed by, to be confirmed by High Gout, 21
Fees in. Rules, 1905 = §=688
In Buganda 25, 31, 37
», the Eastern Province 25, 88, 36
», » Northern Province ... 25, 36
s> », Western Province wes 25
Persons authorised to hold Courts—
Generally wa 19
High Court Judges me Wiiastetvalas see 119
Officers ex-officio appointed by Governor ... ies ode ae ae 36
COURTS, SPECIAL
Power to establish. U.O.C., 1902, Art. 18 ... 892
Index. 1015
COURTS, SUBORDINATE.
Civil and Criminal jurisdiction, constitution and powers. No, 10 of 1902 ... hs ais
Civil jurisdiction,
Power to limit. No. 10 of 1902, Sec. 14... aie dae fe Sih a8 see
Ordinary. Notice, 1903 eas ae aise oe wag saa ae es
‘5 Extensions of sas we a oes wa ie
Criminal Jurisdiction, Sessions divisions. Notice, 1902 = diate diy ase
ng “is Judge, Northern and Western Tiowincels Notice, 1909..
5 committals to High Court from Paes and Eastern Province
Order, 1906 dee si an < :
H committals to High Court oe, Western ete: Octek 7907 .
#5 Collectors and Acting Collectors to have ee of Ist hey
Magistrates. Notice, i904 wee aba a
i additional powers of Magistrates. Notice, 1908 ses
zs application of Section 30, Criminal Procedure Code, to Eastern,
Western, Rudolf and Northern Provinces. Notice, 1908
3 in prison offences. No. 9 of 1909, Sec. 106
Jurisdiction in Mahomedan Divorce Cases. No. 7 of 1906, Sec. 19
COURTS GENERALLY.
Execution of decrees and warrants from East a Saeed and Zanzibar. No. 3
Com oO Or oc
120
120
oO
120
230
671
of 1908 : 116
Fees, High Court may “te i Rule v. 0. C, 1902, as 22 893
», none on bail bonds, etc., in criminal cases. No. 1 of 1908, Sec. 35 ‘ 175
Jurisdiction of, in offences alleged to be committed by soldiers. No. 8 of 1902, disk
55 and 56 a 850
3 in suits arising out of san tieits ~ ati: ‘Ne 8 “of 1902, Bea 63 853
is in suits arising out of contracts by police. No. 1 of 1908, Secs. 74-75 ... 192
5 over Governor, his residences or property, none, except where Govern-
ment liability concerned. U. O. C., 1902, Art. 23 sae 893
Legal Practitioners, Admission to practice at a a side ahs 23% «12,15
i 5 Fees on admission, etc. : aes i ast is ae 12
ss ica mst pore to be conducted by nN: Police offasr, No. 1 of 1908,
Sec. a z ite vee 175
Search Cae for arms, shes No. 5 of 1906, Sec. 41 160
Whipping, powers of. No. 4 of 1903 122
COURT, RULES OF,
Power to make, U.O. C., 1902, Art. 22 ... ei a ate an 893
The Uganda Legal Practitioners Rules, 1904... 108 sae aa ses ies sxe 12
5 ns % (Amendment) Rules, 1909 (Rule I. (2) of 1904
amended) wes sist ate sive aa sey 15
H. M. Court of Appeal Rules, 1910 935
The Divorce Rules, 1906 es 660
The British Native Court Rules, 1905 37
The Unyoro Native Court Rules, 1905 18
The Oaths Rules, 1907 113
The Court Fees Rules, 1908 ‘ ie 8
The Foreign Tribunals Evidence Rules, ‘1908 107
Publication of, U. O. C., Art. 11 ets oa ans 888
See also Civin PRocepure, Criminat Law anp Gite
COWRIE SHELLS
Importation prohibited. Notice, 1907 277
CROPS
Protection of, from animals. No. 9 of 1906, Sec. 21 ‘ ars wen ww 471
Shambas, damage by elephants to native. No. 9 of 1906, Sec. 37 sin wes we 475
1016 Index.
CRIMINAL LAW AND PROCEDURE.
THE INDIAN CODE OF CRIMINAL PROCEDURE, 1898
THE INDIAN PENAL CODE, 1860 re
No. 8 of 1906. THE CRIMINAL PROCEDURE ORDINANCE, 1906
Application of Indian Acts ... ats a si mee # ns é -
Cantonment pe ad in certain cases not personally Aiitceesisa within his meaning of
PAGE
119
121
119
180
Section 556. C. P. C., No. 7 of 1908, Sec. 10 Ses 866
Districts in which cities Magistrates may be ee enhanced powers Te Sec. 30,
C. P. C., Notice, 1908 oe ia : sist aap ... 120
Procedure.
Accused persons may give evidence, Criminal Procedure Code notwithstanding 93
Committals to High Court and when High Court J ude or Meese S aes
in British Native Court. No. 8 of 1906 ‘ eer (119
Committals to High Court from Buganda and ever Bees outa, 1906.. 120
Committals to High Court from Western Province. Order, 1907 120
Death sentences passed by High Court to be confirmed by Governor.. 892
Gambling. Section 110, Criminal Procedure Code, to apply to ia stipe live-
lihood ‘by unlawful gaming, etc. No. 2 of 1901, Sec. 10... ee a 609
Imprisonment in default of fine. Sec. 65, C. P. C., amended in certain cases. i
1 of 1908, Sec. 96 crn es an : 200
Notice of prosecutions against police in certain cases. No. 1 of 1908, See. 72 191
Prosecution, conduct of, by Police-officers. Sec. 495 (), GC. Pees superseded.
No. 1 of 1908, Sec. 34 ‘i 175
Refusing affirmation, Penal Code, Sections 178 ga 181 saenael is addition st SSG
‘or affirmaticn *’ ‘after “ oath.” No. 6 of 1907, Sec. 13 112
See also Apmiraury, Courts Roies, Evipence, Exrrapirion, pucines Giavecunen:
REMOVAL AND DEPORTATION, AND WHIPPING.
CURRENCY.
THE EAST AFRICA AND UGANDA (CURRENCY) ORDER IN COUNCIL, 1905 900
THE EAST AFRICA AND UGANDA (CURRENCY) ORDER IN COUNCIL, 1906 912
Commencement of the East Africa and oe ac: Order in Council, 1905.
Proclamation, 1906 914
Commencement of remaining aifiolee of the East tees and ia aad tiga in
Council, 1905-1906. Proclamation, 1907 914
Legal tender. East Africa and Uganda (Currency) Orden in Gone; 1905, oe 9 904
>, certain coins cease to be ... i wae te wwe sd oi 915, 916
», variation of Schedule. Proclamation, 1909 915
Offences relating to coin, note 8 900
Remedy or variation from standard. Hast Africa er ganda ( in ency) Order in Couns
1906 fiva bag 904, 912
Subsidiary coins, Seheaule ot PD iaien 1909 Hs ts Yes eu 912, 915
Table of equivalents local and Indian currency. Proclamation, 1907 914
CUSTOMS.
No. 1 of 1902. THE UGANDA GOODS IN TRANSIT ORDINANCE, 1902 ... 280
No. 7 of 1904. THE CUSTOMS ORDINANCE, 1904 - 255
No. 14 of 1904. THE UGANDA CUSTOMS CONSOLIDATION ORDINANCE, 1904... 257
No. 10 of 1909. THE GOODS IN TRANSIT (No. 2) ORDINANCE, 1909 282
Certificates of clearance, see Section 80 of No. 14 of 1904, and nate thereto 263
Charges for copies. Rules, 1909 . ae a sis 275
an for writing entries. No. 1 of 1904, Sec. a i has we oe 260, 268
a landing, power to levy. No. 9 of 1902 244
‘* Coasting trade ’’ defined. No. 14 of 1904, Sec. 37 ... 264
Declaration re arms leaving the Protectorate. Notice, 1909 ... ‘i's ae 279
Index. 1017
PAGE
CUSTOMS—continued.
Duty, generally. No. 7 of 1904... ane ai wae ies sis we 255
», articles exempt from. No. 7 of 1904, Schedulo AD Sie er re vs. 256
” ”
No. 5 of 1906, Sec. 45, and No. 5 of 1908, Soo. 29... 161, 873
s, dispute as to rate or amount of. No. 14 of 1904, Sec. 8 Sas i ae ve 269
»> export, goods
” ”
“in transit ’’ exempt from. No. 10 of 1909. Sec. 2 ua ws. 282
reduced by amount of import duty paid on rubber and hides penne That
the Protectorate. No. 10 of 1909, Sec. 5... as ase Se oe 282
», import, on liquor. No. 3 of 1908, Secs. 6 and 7 rr dou wit Pe 256, 566
a » none, if Kast Africa duty paid ... a 260
ty » vefund of, in certain cases. No. 1 of 1902, Seo 12, ea No. 10 of 1909,
Sec. 4 ... Por te ae 7 sia 281, 282
3 », refund on ‘‘ goods in transit,” No. 1 of 1902, ‘Sec. 9 ae sig w. 280
Entries, writing, charges for ee sb sae aa a ea we ine v. 268
Evidence by Revenue Officers. No. 11 of 1909, Sec. 126 ... es sits de we 94
Exportation, generally. No. 14 of 1904, Secs. 28-81 ... So si is say w. 268
Ky of ball rubber. No. 4 of 1901, Sec. 5 ... a asd ie ihe cy
x of cows and heifers apiebnet nag with Governor’s consent. Notice,
1907 2 es Pe ais ww 277
3 of opium. No. 10 of "1902, ‘deg 2 seer Bite sits a «. 579
os of ostriches’ eggs and feathers. No. 19 of 1909 ies at ie a. 486
+a of trophies, etc. No. 9 of 1906, Secs. 6 and 7... ‘ae ae aie a. 464
Fees 8 Bie eed ash aa adie tee ee ame . 245, 268, 275, 276
Forms. No. 14 of 1904—Schedule B to Rules, 1904 ase make ats aes «. 269
Frontier Posts.
Fort Portal. Notice, 1904... és bes Se bes oie sie sire wn BIG
Hoima 95 1904... afea ani aes ae ies re ‘iat “ag 246
Koba a 1907... pie whe a tied sila es ae we. 276
Masaka <3 1904... si wa aie si ia at aie «. 276
Masindi si 1909... wa tai or ee sia aa Sep wis 207
Mbale a 1904... ee sa or fae <9 aes ned we 276
Mbarara “ 1904... sey ah Nee eg ila ue — we BIG
Mubendi 7 1909... isd Sie sia os ae ee a -.. 276
Nimule a 1904 oy i it whee sie i a ows 276
See also Customs, Ports, palin:
Gate passes. Power to levy fees and charges for. No. 9 of 1902 ... ans hey ve 243
Hours and late fees. Notice, 1909 Abe ais og oe as ah sais 275, 276
Illicit goods, seizure and disposal of. No. 14 of 1904. Secs. 38 and 34 ... ais ws 264
Importation, generally. No. 14 of 1904, Secs. 16-27 ... oi sie ae «. 260
49 of arms, etc., by Government. No. 5 of 1906, Sec. 44 ies aa cae” -16L
a3 of certain arms and ammunition prohibited. Notice, 1909 ... ans vee 297
35 of arms, Protectorate officers a to ee one — etc., free of a
No. 5 of 1906, Sec. 45... é os sie aie os » 161
5 of arms, Volunteer Reserve officers” rifle. No 5 of 1908, Sec. 29... ve» 873
ds of arms. See also Arms.
5 of certain goods prohibited. No. 14 of 1904, Sec. 11 ... sits sige we. 259
Ss of cattle from East Africa Protectorate. Order, 1909 ... as ase ... 462
”
Importation
”
a »» German East Africa and the Congo. Order, 1909 ... .. 463
of cotton seed, prohibited except with permission. Notice, 1908 ... ioe 297
of cowrie shells, prohibited. Notice 1907 ie iat ee wis. “ONT
of certain ivory from East Africa, prohibited. Notice, 1 1906 de aia sin OT
of explosives ... wee a ois sr ae ve 582
of opium. No. 10 of 1902, a 2 sts ie ey is as ws 579
of personal baggage. No. 14 of 1904, Sec. 12 ... dis ea ee ... 260
1018 index.
PAGE
CUSTOMS—continued.
Importation of plants. No. 2 of 1908 . es : ve 458
a of uniforms, badges and biitkanié, miatablbed: No. 7 a 1905, ‘Gab? 4 ... 883
13 power to restrict or prohibit ss sins ais 9 ie or we 259
Landing charges, power to levy. No. 9 of 1902 es vs as vee oe ve 248
Landing of Merchandise from infected or suspected ships. See Diszasrs.
Ports.
Bukakata. Notice, 1908 ti Ms diag ee sie iad a sete ve 276
Entebbe. ',, 1904 ee ee a ee ce
ay limits Notice, 1904 wine ‘ ave ive ane oe 2B
3 for importation of plants. ieee, 1908... as ai «456
” ” ” cattle from British and (teccrae East Kivdoa and the
Congo. Orders, 1909... eis ae athe 462, 463
#5 Quay. Notice, 1904.. ie Sis sii ome aa wa ie we. 276
. sh Pier, regulation for eed coming dione No. 8 of 1905, Sec. 9 a. 814
Gondokoro. Notice, 1904 ... es Pe aa wise stad ee sis w. 276
Jinja. Notice, 1904... wie wis Gs wns ase 2a ane Sea ww. 276
Kampala Port. Notice, 1909 Sin a ane sie vise sid ae aca 2T9
i limits of. Notice, 1909 ... pa a wie i sais ‘th ae 279
a Quay. Notice, 1909 ie com ve ° oe stn ve 279
See also Customs, Frontier Posts, above, and Customs, aie rai
Re-export passes, power to levy fees and charges for. No. 9 of 1902 sis ge we 244
Searches by officers. No. 14 of 1904, Secs. 42 ct seq. ... sis sige sis we 265
Sorting and weighing at, power to levy fees and charges for. No. 9 of 1902 ... we 244
Tariffs.
No. 7 of 1904 and Schedules ... sie sist oa set i ce vee 255
Copies of, sale of. No. 14 of 1904, Sec. 6 as iis sie sa eee w. 258
», fee for. Rules, 1904 ... 68 fae ia ait sn ‘ibe ve a. §=268
TRANSIT
Regulations. No. 1 of 1902, and 10 of 1909 es ‘ se ‘ue te 280, 282
Meaning of phrase ‘‘ in transit.’’ No. 10 of 1909, Scc. 8 oie og ae we 283
Charges. No. 1 of 1902, Secs. 4 and 11 ... aa ote sas af ze 280, 281
Duties, see Customs, duty, above.
Of ostriches, etc. No. 19 of 1909, Sec. 22 .... i ae wii ee a. 491
Of plants, power to make rules for. No. 2 of 1908, ese 14... ils sis wee 455
Unclaimed Goods, list of, to be published. No. 14 of 1904, Sec. 35 sits we we 264
6 oe sale of ... wis aect se wid Sis oun ate ee we. 264
Warehouse
Charges, power to levy. No. 14 of 1904, Seo. 27 ee a0 a ie ve 263
” ” ” No. 9 of 1902... ade a an a ‘ea we 244
rs Rules, 1904 ... ae eas aa wis pate ine sa 48 «. =268
Entebbe. Notice, 1904 si sa a es en ian sate wit son 208
Jinja. Notice, 1905... ee ae sod as ie se tk ie .. 278
Kampala Port. Notice, 1909 ... ge on fin ove sie as a riser 2D
Koba. Notice, 1909... as es wie ees aie Se ie os wn 278.
Nimule. Notice, 1905 ... we se ives nan ee ied we oo w. 278
Warehousing ports and stations. See Customs, Warehouse, above.
Writing entries, charges for. Rules, 1904 tee a ase wee ae ahs «268
DAIRIES. See Townsuirs.
DEATHS
On vessels in Entebbe Port to be notified to Collector. No. 3 of 1905, Sec. 6 ... .. 6814
Of caravan porters in Rudolf, Karamoja and Lobor to be notified. Rules, 1908 ... we. 505
In prisons. No. 9 of 1909, Secs. 28 and 29 ... sath Sa ioe oe sae wee 212
Index. 1019
PAGE
DEATHS—continued.
Of persons in custody of police. See note 1 ... a3 ae dius se me w» 167
Registration of. See Reaistrarion or Birrus snp Dearss.
Sentences. Confirmation of, by Governor. See Governor,
35 “2 by High Court. See Courrs, Hicu Covunr.
‘5 prisoners under. No. 9 of 1909, Secs. 62-64 ... sib 2 sks w. «6.218
DECORATIONS. See Minirary anp Pouice.
DEPORTATION AND REMOVAL.
THE COLONIAL PRISONERS REMOVAL ACT, 1884. Applied in A. O. C., 1889,
Art. 80 es 4 sie aes sbie ake ve 164
THE COLONIAL PRISONERS REMOVAL ORDER IN COUNCIL, 1907... Sia w. 916
No. 5 of 1907. THI UGANDA REMOVABLE OF UNDESIRABLE NATIVES
ORDINANCE, 1907 aids fa we ae oa ww. 164
No. 15 of 1908. THE UGANDA DEPORTATION ORDINANCE, 1908 ... au we 165
Cantonments, power to exclude persons from... ree ies es wes ats «867
From one part of the Protectorate to another. No. 15 of 1908... de des 165, 166
Generally. U. O. C., 1902, Art. 24-27 . ini eld i sn ag ans 893-895
Removal of prisoners from ganda to United Kingdom or British eee ia Order in
Council, 1907... a . 916
Removal of Undesirable ative Gites, 1907. Angled to , Bukedi. Basutasansiol 1907 165
Transportation, imprisonment with hard labour may be substituted for ... ava ov» 122
Vagrants. No. 2 of 1909 ... i ac cas si sa wis ie es ve 604
DEPUTY COMMISSIONER. See Governor.
DESERTERS. See Lasour, Mivirary, Pouice and VEsseEts.
DESIGNATION
Of Officers. See OFFICERS.
DESIGNS. See Notes ... ss sist sg sats sie iis as sais sigs 121, 503
DISEASES
No. 2 0f 1902. THE UGANDA INFECTIOUS DISEASES ORDINANCE, 1902 ... we. 540
No. 60f1902. THE CATTLE DISEASE ORDINANCE, 1902 a5 si ast ave 459
No. 4 0f 1908. THE UGANDA SLEEPING SICKNESS ORDINANCE, 1908... v 548
No. 80f 1909. THE DANGEROUS DISEASES ORDINANCE, 1909 ae a .. 556
Cattle,
The Cattle Disease Ordinance, 1902 6 ate is ne it we 459
Diseased animals in townships. Rules 103 and 109 aun "kis re ae 302, 308
Importation of cattle from the East Africa Protectorate. Order, 1909 si s» 462
Importation of cattle from G. E. A. and the Congo. Order, 1909... aes we 463
Notice to be given to Collector re diseased animals in townships. Rule 109 ... » 803
Officers appointed to act as Sub-Commissioners for the purposes of the Ordinance 150, 151
Contagious, Governor may make regulations relative to K.A.R., No. 8 of 1902, Sec. 15... 821
Dangerous, :
Sanitaria and Hospitals ie No. 8 of 1909, Sec. 2 aes 2s oe sae .» 556
Sleeping Sickness declared a dangerous disease. Notice, 1909 aia Maa .. 558
Dogs, diseased, in townships. Rule 77 wie 596 wae as aya a we SOU
Infectious,
Cholera, an infectious disease within the meaning of Ordinance No. 2 of 1902, Sec. 1 541
Destruction, etc., of infectious police clothing. No. 1 of 1908, Sec. 19 ie way 72
” ” ” prisou clothing. No. 9 of 1909, Sec. 123 ... .. 286
1020 Index.
PAGE
DISHASES—continued.
Infectious—continued.
Infected place,
Introduction of merchandise, clothing, from, prohibited. No. 2 of 1902, Sec. 138 548
Rules for regulation of intercourse between and other pines Bones to make.
No. 2 of 1902, Sec. 15 as is - 548
Rules to apply to places declared infected st ane - 546
Persons dying from, not to be buried in Victoria Nyanza within “10 eles of ‘Entebbe
Port. No. 3 of 1905, Sec. 6... ase sic in pars tee vw. 3814
Re bakeries in townships, Rule 106 sits “ + 308
Plague an infectious disease within the meaning of Didinwies No. 2 of ‘1902, See. 1 541
», Kaumpuli, or native bubonic plete Instructions for the prevention_ of
spread of ails i sis Ste aa su fae a. OAT
» Prevention in Hintabba: "Rules, 1905 aes as aay ile dias «» 807
Ships carrying passengers in filthy or unwholesome condition, or overcrowded with
passengers. No. 2 of 1902, Sec. 7... a3 sn Ziv As sie ws 542
Ships, infected or suspected, or from infected ports.
Quarantine, disinfection, etc., of. No. 2 of 1902... Pen a wae -. 540
Mails on. No. 2 of 1902, Sec. 12 ise Baie ait she -. 548
Landing of merchandise from. No. 2 of 1902, ‘Bee. 14 wae bs a w= 548
Arriving at Entebbe or other place on the Victoria Nyanza, Rules for ... w. =544
3 35 3 Be 3 » Bules, 1909... a. =545
Approaching Uganda via the Nile. Rules for, 1903 st sale re -. 546
Ships suspected, Ae Peers via the Victoria iy gees Lee and crew of,
Rule, 1905 ... ae ¢ ‘ wis we 545
Small Pox,
An infectious disease. Notice, 1909 ... si ‘aes aid seks se ... 548
Vaccination compulsory among Baganda wen “i ons ie pit s. 968
Of plants. See Prants.
Sleeping Sickness,
Authorised landing places (schedule of). Rules, 1908, and Notices, 1909... w. O54
Baganda, native law to prevent spread of, among... ie ss he bes we. 976
Declared a dangerous disease. Notice, 1909 Se ‘ oi Seas “i .. 558
Examination and detention of sufferers from. Rules, 1909 57
: a
Exemptions, persons exempted from operation of Sleeping Sickness Rules, Rule 28. 553
Infected places,
Proclamation, 1908 ae st ake ee ss ae Mae ose w. 549
Entering and remaining in. Rules 17-18... aed ais ass 8 we 552
Exception to Rules 17-18. Rule 16. Rules, 1908 ... ee ek eo we BDL
Infected area, camping in. Rule 25. Rules, 1908 . ses née sits -» 558
Issue of canoe registration certificate. Rule 9. Rules, 1908 . ats ine «. 550
Mainland canoes prohibited from putting in at any islands on Thallg Victoria ethan
permit. Rule 22. Rules, 1908 553
Penalties for breach of Rules. Rule 30. Slooping ‘Siblinens uke, 1908 .. 554
Penalty for not carrying registration certificate of canoe. Rule 10. Rules, 1908... 551
Permits to travel by canoe on Lake Victoria. Rules 11-15. Rules, 1908 ... ww» «561
Production and surrender of permits and certificates under Sleeping Sickness Rules.
Rule 29. Rules, 1908 ... aay wee aaa als .. 558
Prohibition on fishing and receiving fish (Lake Victoria). Rebs 26-27. Rules, 1908 553
Registration of canoes. Rules, 1908 iit ee wee jes eal sche .. ~=—550
Segregation camps. Rules, 1909... ay ‘iets tee sie iiss yas we. =558
See also Hears.
DISTRICT COMMISSIONER ... Pee ae ie aa a tas van ag .. =6149
Index.
1021
DISTRICTS
Appointment of pees bite trom mene inhabitants, in certain cases. No. 1 of 1908,
Sec.
Closed. See “neta ore
Disturbed or dangerous, inhabitants ey be assessed with cost of additional ee for.
No. 1 of 1908, Sec. 88 wey
Disturbed or dangerous, eimipen sation to pdbtaki “No. 1 a 1008, See. ‘eA
Outlying. See Ovrnyine Districts.
Punishment, collective, of inhabitants of
See UGANDA PROTECTORATE.
DIVORCE.
No. 15 of 1904. THE DIVORCE ORDINANCE, 1904..
No. 7 of 1906. THI UGANDA MUHAMMADAN “MARRIAGE AND DIVORCE
ORDINANCE, 1906
Dissolution of Marriage. No. 15 of 1904, Secs. 5-11
Examination of witnesses site ss ae aie sa is siois
Judicial separation and protection orders. No. 15 of 1904, Sces. 15-20 ..
Jurisdiction given to High Court. No. 15 of 1904, Sec. 4 dies
os of High Court in Baganda divorce cases. Order 23 nse 1905
3 of High Court in Muhammadan divorcee. No. 7 of 1906, Sec. 19
Muhammadan.
No. 7 of 1906 she Bis
Jurisdiction. No. 7 of 1906, Sec. 19
Registration of. No 7 of 1906 =
x5 districts and fees. Notice, 1906 .
"3 penalty for non-registration. No. 7 of 1906, om 18
Saving clause. No. 7 of 1906. Sec. 17
Nullity of Marriage. No. 15 of 1904, Secs. 12-14 ;
Restitution of conjugal rights. No. 15 of 1904, Sec. 21, sha note 17
Rules. The Divorce Rules, 1906
DOCUMENTS. See Evipence anp ReEaisrrarion.
DOGS.
Licences, power to levy fees. No. 9 of 1902
In townships
DREDGING. See Rtvexs.
DRUGS.
Njayi, cultivation, ete., of, by Baganda he abe ae
Sale of intoxicating drugs in cantonments. No. 7 of 1908, Secs. 6-9
See also Op1um AND Poisons.
DUES. See Fees.
DUTIES. Sce Fees.
DYNAMITE. See Expuosives.
EAST AFRICA (BRITISH).
Decrees of Courts of, transferable to Uganda. No. 3 of 1908
Game Licences in Uganda. See Game.
Importation of certain ivory from, prohibited. Notice, 1906
$5 cattle from. Order, 1909
ENGLISH
Acts applied. See Arpiizp Acts, ENnauisu.
Law, application of ... a6 oie ans ais id 7 ise aie
PAGE
197
194
195
126
647
666
648
657
651
§48
982
670
ve 246
246, 300
971
864-866
116
277
462
128
1022 Index.
PAGE
ENTEBBE.
No. 8 of 1905. THE ENTEBBE PORT ORDINANCE, 1905 ie oe aes . §=3818
A.D.C. to be acting D.C. for the aes of all a ees nS Bleue:
Notice, 1909 50
Arms.
Warehouse. Proclamation, 1906 : os 8 sd sek 162
Breach of Contract Ordinance, 1903, applied to. No. 12 of 1908, Sec. 6 ... aes - 990
British Native Court at. Proclamation, 1909 ... srs ae bei cia bee +81, 37
Carrying lights. Rules... see dia sts sia as see 806, 309
Cattle from B.E.A. to be Sanngh 3: in at. Bile, 1909 hes sibs aa bis ww. 462
»» 3» G.E.A. and Congo. Order 1909 ... nits ae Soe oe siti .. 468
Church of England trustees in. Proclamation, 1908 ... moe fie aa sais w. 499
Collector, Entebbe, to be Deputy Sub-Commissioner for certain purposes ... 150
Deaths on board ships in the port to be notified to the Collector. No. 3 of 1905, 5 aos 6 314
Iuropean Quarters. Rules, 1907 . wie sea ants si a wield ets ... 808
Infected or suspected ships arriving at . ies & eu ik i ean 544, 545
Infectious disease, no person dying ign to be sane within 10 oniles of the port ... 314
Liquor, importation of Native Liquor forbidden except under Licence. No. 10 of 1906,
(Schedule) ... ase as ise sik dae gee aie” bie Sha wie w. 577
Liquor, Native Liquors. No. 7 of 1902, applied to (Schedule) oe a oe we 572
Plague Prevention.
Township Rules, 1905 iis ite ad er nes «» 3807
Proclamation, 1909, applying ee Rules, 1905 ae te lets eats we 812
Port of
Limits (Customs) Notice, 1904 se : Re ae a ade eth we =276
Warehousing, and warehouse. Notice, 1904 ae ae wie Se Se -. 278
Entry for importation of plants. Notice, 1908 ... aie see aie ihe .. 456
Prison at. Notices, 1909 ... jae ou ine aay sie aw ss sete wey,
Quay at. Notice, 1904 ie aa bis ete ts A sie wie ans «. 276
Rubbish, etc., in port. No3 of 1905, Sec. 10 ... es $i wie se Ss wee BAD
Savings Bank at. Notice, 1907 ... wiv alae eile de dhe ek sinh was “BT
Sleeping Sickness.
Authorised landing places at. Notice, 1909
Canoes may be Sanaa with District Commissioner. Sloping Bidinoes Hiles: 1908,
Rule 4 ... 5 550
Canoes, Sesse to — at Bue sta. “Rule 20: persons laniiee at Pane, prohibited
from leaving except to embark, Rule 24. Rules, 1908; Banga removed from
or
55
list of authorised landing places ... ‘ a ‘iste oa ate see 552, 556
Town Magistrate, Civil Jurisdiction of to Rs. 1,500. Notice, 1908 ... eae sik aes 7
Township.
Birds, shooting of, in Entebbe. Rules, 1909 aga ee ide ia nee «. 810
Limits of, certain Rules applied to. Proclamation, 1909. ony ass aes w. 812
Mpanya hedges prohibited. Rules, 1907, and Proclamation, 1909 ... ae 309, 312
Plague prevention aie ie S48 ais tis whe ee sina sue 307, 312
Registration of servants. Rules, 1908, and Proclamation, 1909 sl eis 809, 812
Vessels with explosives or kerosene oil, expected arrival of, to be notified to the
Port Officer. No. 8 of 1905, Sec. 7 ... eats wae is in ‘6a jae O14,
EVIDENCE.
THE EVIDENCE ACT, 1851 nae as is as et sie we 89
THE FOREIGN TRIBUNALS EVIDENCE ACT, 1856 sis ee a Be «. 39
THE EVIDENCE BY COMMISSION ACT, 1859 ‘iss a eee wa ea w= (89
THE DOCUMENTARY EVIDENCE ACTS, 1868 and 1882 ... aa a ae «= 78
THE EVIDENCE BY COMMISSION ACT, 1885 $e te any ne aie we = 89
Index. 1023
‘ PAGE
EVIDENCE—continued.
THE BRITISH LAW ASCERTAINMENT ACT, 1859 sid xe sisi sig «689
THE FOREIGN LAW ASCERTAINMENT ACT, 1861 ae age sa sie we «689
THE NATURALIZATION ACT, 1870, Sec. 12... ie sed see oe ied ioe “8
ORDER IN COUNCIL (providing for dopositions for the purposes of the Workmen’s
Compensation Act, 1906), 4th July, 1908 ie acs sin on aid iste we 929
No. 11 of 1909. THIX UGANDA EVIDENCI! ORDINANCE, 1909... wes sa w. «©8389
Accomplice... ater sia Se wens tts oe Sia one aie eee -.90, 97
Accused persons. No. 11 of 1909, Secs. 119 and 120 ... aie ees wea ie ven OS
Affirmation or swearing of witness. No. 6 of 1907 ... 282 sia ss an w. 110
Ascertainment of British and Foreign Law sa wise ie ie ne es we = 89
Character, when relevant ... sti we sess x a es ais aise .. 45, 98
Commissions.
Power to issue to and receive from places (British) out of the jurisdiction Com-
missions in Civil Cases—
The Evidence by Commission Acts, 1859 and 1885... ... 39
$9 SA 3 sf eon es “hake. "1908... .. 107
Rogatoire, in civil and commercial matters. The Foreign Tribunals Evidence Act,
1856. ... siais ie ene wee a is sis as a. = 89
Rogatoire, Procedure. Piles, 1908 . sed és ses sci wie -» 107
Contents, Table of, The Uganda aebies, aipiheiie ‘$08. bs ier «=D.
In criminal matters required by foreign States. No. 9 of 1908, Secs. 16 ana 17. w. 141
In Divorce cases... ti aa wah a cet are pee a nee ws 657
Depositions taken in foreign State re fugitive criminals. No. 9 of 1908, Secs. 12-13 ... 189
Documents
Admissible without proof of seal, etc., in England, Wales or Ireland, admissible in
Uganda. The Evidence Act, 1851, Sec. 11 co 39
Admissibility of documents peers SEE eh The Mendhiant Shing si 1894,
Part XIII., Secs. 694-698 853
Authentication of documents, dancer Aepositions a Aeneid re ‘sapttiee vfvinatios
No. 9 of 1908, Sec. 13 ie e ais iad is ar a wut «3B
Crown Grants, execution of. No. 17 of 1908 oe Se nee oie pe cee BOY
Executed out of Protectorate, authentication of. No. 11 of 1909, Sec. 83 ... .. 60
Foreign and Colonial Acts of State, judgments, etz., provable by certified copy
without proof of seal or signature, or indicia! character of person signing the same,
The Jévidence Act, 1851, Sec. 7 ... a : a we os ve 89
Non-registration of, effect of. No. 3 of 1904, a 17. as ac Sas «. 513
Foreign Tribunals Evidence Rules, 1908. Rules, 1908 wes ie is sls ae 1T
Gambling, person charged with making his livelihood by unlawful, general repute ... 609
By husbands and wives generally ... oe ae ar nit we dive oes = «693
3 % 5 in divorce cases ... iba xt Sa we is Pe a. 657
Judicial notice to be taken of Governor’s certificate with regard to boundaries of Protec-
torate or Provinces. U. O C., 1902, Art. 6 (2) ... ea ses ie et .. 887
Letters of request. The Foreign Tribunals Evidence Act, 1856... ase ee 39, 107
Of marriage. No. 5 of 1902, Sec. 82... wits a ae en fs a0 w» =619
Presumption as to possession of fresh fish si ‘ sie one oe wis w. 553
Registration of vessels, effect of. No. 11 of 1904, Seo. 22... ond is bes «. 857
Table of Contents of No. 11 of 1909 aie eet a ats ane los ie we = «8D
EXECUTION
Of Crown grants... oa a oi ae es be ha ant as ... 899
Of prisoners sentenced to deatli « res ae tea iss af aes oy ve §=218
1024 Index.
PAGE
EXPLOSIVES.
No. 6 of 1898. The Regulations applying THE. INDIAN EXPLOSIVES ACT, 1884 ... 582
No. 8 of 1898. THE UGANDA EXPLOSIVES RULES... cere 582
No. 15 of 1899. Order applying THE INDIAN EXPLOSIVES Act, 1884 .. 129, 582
No. 6 of 1904 THE TRADE IN FIRE-ARMS ORDINANCE, 1904 ...... wen He BOT
Exemption from operation of No. 8 of 1898, Rule 10 ... as ” + 584
Includes inter alia coloured fies, fog- nen Hasan, fuses, sdeels aad seeadetarn:
No. 8 of 1898, Rule2 ... age ages Bete inh ae Maas, Guat SOD
Licences to import, ete. See deranaae.
Negligence with respect to, note 1 . ain wee ea ses Bs aie isis ... §82
Proper use of in mines, Safe Mining Rule 8... 4 soi as bag ae ss 439
Sale or gift of to natives forbidden. No. 6 of 1904, Seo. DO aie oe see ss .. 587
Search for, unlawfully manufactured, etc. No. 8 of 1898, Rule 16 ... aie vee 585
Trade in, without licence, forbidden. No. 6 of 1904 . abe w. 587
Vessels, expected arrival of at Entebbe with explosives, etc., to he notified | to Port
Officer.
Warehousing of.
No. 3 of 1905, Sec. 7 on 3 3a ss .. «814
No. 8 of 1898, Rule 3 et seq. neg sag ina se ae v 583
EXPORTATION. See Customs.
EXTRADITION
No. 9 of 1908. THE FUGITIVE CRIMINALS SURRENDER ORDINANCE, 1908 ... 134
Arrest without warrant. Note 2 aaa ine stax te oa ay ies - 183
» OM warrant... ee ue ai a Res wes a en as 133, 137
‘Extraditable crimes. No. 9 of 1908, schedule 1 er ‘ne es bed se ws 3Ad
Restriction on surrender. No. 9 of 1908, Sec. 3 aes were aia bo cai we 185
States to which Ordinance No. 9 of 1908 applies. Notices, 1908 and 1909 ig ww. 147
See also VEssELS (Foreign Deserters).
FEES, TAXES, ROYALTIES, CHARGES, Erc.
No. 29 of 1900. THE HUT TAX REGULATIONS, 1900 sia as 248
No. 4 of 1902. THE UGANDA ROAD AND WHARFAGE DUES ORDINANCE, 1902 283
No. 9 0f 1902. THE FEES AND ROYALTIES ORDINANCE, 1902 SS Sie ss. 248
No. 1 of 1908. THI] UGANDA STAMP ORDINANCE, 1903 ste si ten w. 258
No. 1 of 1905. THE POLL TAX ORDINANCE, 1905 se oe sig eae ... 249
No. 5 of 1909. THE POLL TAX ORDINANCE, 1909 ses sais sie _ ... 250
No. 6 of 1909. THE POLL TAX ORDINANCE (No. 2), 1909... na sib we 251
No. 17 of 1909. THE POLL TAX ORDINANCE (No. 38), 1909... wale ie we» 252
Arms.
Cleaning charges. No. 5 of 1903, Sec. 11... 3 oF 154
Gun Tax. See below.
Registration fee. No. 5 of 1906, Sec. 8 (2) wists diet 6 ees ie w =158
Storage. No. 6 of 1906, Sec. 10 ie fa abe Sia si aa dive vw. =154
Bakery .. es ny ‘ie ate xia sis ee s» 246
Births aad Deaths, eldisaeiais tes ase bet 6 bei sais sg ae .. 687
Brokers (ordinary and official) licence fees. No. 1 of 1902, Schedule ... wae .. 508
Buildings, survey... sa sis fia sa sa se aa digs as vee 245
Cable rates. See TELEGRAPHS.
Cattle, for examining. No. 6 of 1902, Sec. 9 ... a ae ate sia oe w. 461
3 keeping, etc., in township ... oa a8 ha oa oes ses w. 246
Cemeteries se Seas ee zat vee «246
Certificates of Clearance ... ee 7a se ee es See ed Bs wee 245
Companies. Notice, 1908 ... eh 38% <0 aee dies deh .. 496
Index. 1025
PAGE
FEES, TAXES, ROYALTIES, CHARGES, Erco.—continuéd.
Gourt Fees. See Courts.
Customs duties, fees and charges. See Customs.
Divorce, Muhammadan, registration fee. Notice, 1906 Wa aaa See a we 675
Dogs in townships ... or tee to shat a a aie ant ae ww. 246
Dredging licences. No. 2 of 1907, Schedule 4 ... se sah wa ig tea ve 3848
Explosives.
Licences. No. 8 of 1898, Rules 5, 9 and 14, and No. 6 of 1904 Se ...5683-585, 587
Warehouse rent. No. 8 of 1898, Rule 12 ... vee one tae ety Po a» 585
Ferries. Notices, 1907 to 1909 ... bee sisi sisi oot wae is ee a. 850
Forestry.
Forest Produce fees. Rules, 1907 ... oe wre ‘ets sie set «. 452
On permit to collect rubber. Rubber Rule 4 of 1903 te ta sa 388 ss 449
Game licences,
Fees. No. 9 of 1906, Secs. 12, 25 and 86 bee es aes ide 468, 472, 475
On sale of trophies. No. 9 of 1906, Sec. 6 (5) ... Pee se eft a we 465
Goats in townships ... ani sia ste wie cis see i ee iy we 246
Goldsmiths’ licence fee. No. 1 of 1902 (Schedule) ... 2m eee ase age .» 508
Gun tax.
No. 5 of 1906, Part V., and No. 7 of 1907 aoe aa ete ‘me uae 158, 163
Ankole, Buganda, Toro, in. See note 5 ... ae — xe ii des ... 158
Exemption to holder of Game licence san sas ‘aie za Pes ig «. 158
¥ vy Bird licence. No. 5 of 1906, Secs. 80 and 83... uae - 158
Exemptions from. No. 5 of 1906, Secs. 30 and 40 seer st ‘ sie 168, 160
To natives in Northern and Eastern Provinces reduced to Rs. 2/-. Bigaluibiabion; 1907 163
Power to effect reduction of to natives. No. 7 of 1907... sae axe aes w. 163
Power to permit natives to register 5 guns on one licence. No. 5 of 1906, Sec. 34,
and note 5 ... oni sin se via ial sis siete ais i we. =159
Holes, permit to dig in townships .. i oes 26a ast sie sis was we 246
Horses and ponies, permit to keep de hire in townships... 38 sl ee w =246
Hut tax,
Amount of. No. 29 of 1900, Sec. 2 . fsa dist age ase a ve 248
Districts in which payable. No. 29 of 1900, Sec. 8 te os ses te se 249
3 6 a No. 5 of 1909, Sec. 2 eis we en mii we 249
Exemptions from. No. 29 of 1900, Sec. 7 ... or ies ‘se aes sive we 249
is ae No. 1 of 1905, Sec. 4 ... wits “ia ao ae wis «. 250
Period for which payable. No. 1 of 1905, Sec. 5 . ee in as se 250
Recovery of and forfeiture of huts, etc. No. 29 a 1900, ‘Sec. & wath wii we 248
Labour, registration of, porter’s fee. No. 9 of 1905, Sec. 7 es Bais e -» 592
a5 <3 contracts of service. No. 9 of 1905, Sec. 34... ee w. 596
93 5 contracts of service in Central Province. Notice, 1906 .. 602
Kerosene, storing... dey as ine aes aie eee sas nas me w. 246
Liquor. See LicEnczs.
Licences. See Licences.
Market dues ... bs sas sha ee Sa aa si i ea au we 245
Marriage fees. See Marriacg.
Mining, royalties, charges and fees. See Mininc anp LicENCES.
Money changers, licence fee. No. 1 of 1902, Schedule tas vee ans as .. 508
Municipal, cattle pound... aia aes cs ae sé ; 24
a9 cattle shed ai sigie hse ia eae esis ae ete ae we «245
a Government slaughter houses wee als a sie ace cg wee 245
ss Market dues... ae ane ‘6 be ia Sa hen in vee 245
65
1026 Index.
PAGE
FEELS, TAXES, ROYALTIES, CHARGES, Erc.—continued.
Municipal
Survey of building ae bie ae sg a bets Sag eas see we 245
See also Fess, Township.
Ngomas in townships ae ee ee ea = oS ee C 23 see 247
Opium, licence to produce, deal in, etc. No. 10 of 1900, Sec. 4 ... he ae s. 579
Ostrich, farmers, hunters and feather merchant licences, etc. ... eae aa 487, 492
Outlying districts, licence to enter, power to fix fees. No .16 of 1908 ... ae «240
Pawubroker’s licence fee. No. 1 of 1902, Schedule ... cine ‘nie sok eee .. 508
Pigs, keeping in townships ... “is Ri as ae ae in yee ais vee 247
Plants, power to fix fees and charges with agunt to fumigation of stun No. 2 of 1908,
See. 14... ie see tai tt a wa wae ee sibs its w. 455
Poisons, on licence to sell. No. 9 of 1902, Sec. 3, and Rule 5... awe ie 562, 564
Police, charges for additional police. No. 1 of 1908, Secs. 81 to 83 ... eae ais ww. 194
Poll tax,
Amount of. No. 1 of 1905, No. 5 of 1909, and No. 6 of 1909 an 249, 250, 251
In Acholi, Latuka, Bari, Langu and Lango. Proclamation, 1909 aie wie mn Boe
5, Ankole. No. 1 of 1905, Sec. 6 ... oo " aes wae ee ne 250
», Buganda, The Uganda Agreement a Neel as) 1 1909. ie 1 of 1905, Sec. 6 and
Proclamation, 1909 eae sd Bea ...250, 252, 991
», Bukedi. Proclamation, 1909 hie tia See nee wah wee tee .. 253
5, Busoga. Proclamation, 1909 nis hae sie sile wae ass nei iow (252
», Toro. Notice, 1905 Be a mid sia ised fi wat eye a. 253
», Unyoro. No. 1 of 1905, Sec. 6. is als si fate . 250
Penalties for non-payment. No. 6 of 1909, ee 3 Hi a 4 ag sy gue ww. 252
Porters, registration of. See Frrs, Labour, above.
Postal. See Postar. ;
Pounds, cattle ae ain as bie tie ne une ae cee eek wee B45)
Power to levy fees and charges for :—
1 Beach and foreshore rents No. 9 of 1902... ae se waa B48
2 Bills of health i z5 sa as iio ve 243
3 Cattle pounds ais = 243
4 Cemetery fees ws 33 wey Hee ae we 243
5 Crew and passengers’ lists ss ‘is 2438
6 Customs gate passes 59 or ase Sit wee w. 243
7 Dog licences 48 ” Sete ba ine wee 248
8 Ferries 3 33 ity hie fed sax “248
9 Gun licence for caravans a ts aie aks rere w= 24B
10 Landing and warehouse charges os 3 spas - 248
11 Lime burning on Crown lands oe oe Baie — oe we. 248
12 Markets ‘ r 348
18 Permanent fish traps eG es 448
14 Public cattle sheds x wa ie ey an va «245
15 Re-export passes se a ob 108 wie ve 248
16 Slaughter houses x x wen sss si we 243
17 Sorting and weighing at Customs. No. 9 of 1902 ... wee ats aie we 248
18 Survey fees by Government Surveyor. No. 9 of 1902 ns aig seg w. 243
19 Township rates, not to exceed 10 per cent. of the annual rateable value of
.- property. No. 9 of 1902 ahs ace ane aint ae ee ie ss 248
20 Township fees and charges. No. 9 of 1902... iv eae ein Sie vee 248,
Rates, assessment of... aa a cs siete sie a wee 287, 289
», power to levy township. No. 9 of 1902 ... eae en ner aks sis se 248
ie he ‘ is No. 10 of 1908 Ga RE ae ee Sig 6
Index.
1027
FEES, TAXES, ROYALTIES, CHARGES, Ere.—continued.
Registration
Of arms aise ie aa x we si
Of births and deaths. No. 18 of 1904, Schedule 2
», contracts for native labour. See Fres, Labour, above.
», documents, fees. See ReaisrraTIon or Documents.
», land titles, fees
> vessels wis
See also Fees, Township.
Road Passes, see note 1
Road and Wharfage dues
Schedules of . nets nae Si ine
On wheeled vehicles and potatces. Proclamation, 1903
On Gunny bags. Froclamation, 1906
On rubber, cotton seeds. Proclamation, 1908
On lime and limestone. Proclamation, 1908
On ice. Proclamation, 1909
Provisions for collection, ete. Rule, 1904
Royalties, see Minina.
Sheep, keeping in townships oes ani are
Silversmiths. Licence fce. No. 1 of 1902, Schedule
Slaughter-house fees in townships
Stamp duties. See Sramp Dovtigs.
Steamer and Dredging licences. No. 2 of 1907, Sec. 12 and Schedule 4
Survey. Sce Survey.
Telegraphs. See ‘TELEGRAPHS.
Township,
Cemetery fees. Notice, 1903 :
For registering a bakery. Notice, 1903
For registering a dog. Notice, 1908
For storing kerosene. Notice, 1905
For registering a washerman. Notice, 1903
For registering a washerman’s assistant. Notice, 1908
For permit to dig hele, ete. Notice, 1903
‘6 hold ngoma. Notice, 1903
a “ ya pepo. Notice, 1903
i keep cattle. Notice, 1903 iis
6 keep horses, etc., for hire. Notive, 1903
i keep sheep, goats or pigs. Notice, 1903
Slaughter-house permits. Notice, 1903
See also Frees, Municipal.
Trade, fees for licences. See TRADE.
Transit. See Customs
Travellers. See Ourtyine Disrricts.
Vessels, registration fees a
Washerman, registration fee in townships a ate
Wharfage dues. See Fess, Road and Wharfage dues, above.
FENCES.
In townships wes
On Crown lands outside towns and stations. Rules, 1905 .,,
See MINING,
65a
PAGE
153
687
...864, 398, 399
357, 359
243
284
284
285
285
285
285
284
246
508
245, 246
344, 348
246
246
246
246
246
246
246
247
247
246
246
246
246
357, 859
246
306
376
1028 Index.
PAGE
FERRIES.
No. 11 of 1905. THE PUBLIC FERRIES ORDINANCE, 1905 ... Bek eis .. 349
Bugonja, Kakoge, and Kiwana. Notices, 1909.. sds ne sid ge 351, 352
Bulolo-Kitantalo ferry (Mpologoma). Notices, 1907 and 1909 aes bos 28 350-351
Fees... a ee 350-852
Jinja-Uganda es Rofiees. 1909 we ees wes ae a 350-352
Power to levy fees and charges. No. 9 of 1902, pe i tbe sins ae ate we. 244
‘i 3 5 No. 11 of 1905, Sec. 7... 0 wets eee ee 880
Public Ferrics, regulation of. No. 11 of 1905 ... eae ‘ee oui xa wee w. 849
FINES.
Remission of. Uganda Order in Council, 1902, Art. 9 ie aie i a --. 888
Imprisonment in default of. No. 1 of 1908, Sec. 96... ree oie Fae .- 200
FINGER PRINTS.
Police identification of prisoners. No. 10 of 1908 aoe a sae ects eas ae 205
FIRES. See Townsuips anp Forests.
FIREARMS. See Arms AND NXPLosives.
FIREWORKS. See EXpLosives.
FISH.
Included in term ‘* animal ’’ jor protection in Game Reserve. No. 9 of 1906, Sec. 11 ... 467
Permanent traps, power to levy fees and charges. No. 9 of 1902, Sec. 1 ... ues a. 244
Presumption as to possession of fresh fish see tee Bee 553
Prohibition on buying or ny fish from waters of Ra Victoria. Rule a7.
Rules, 1908 ee fs wee ae ‘ 553
Prohibition on ae in Tak Victoria within 2 2 miles of autitand Rule 26. "Rates,
1908 tee fig aera ; 553
Restriction on killing. No. 9 3 of 1906, se: 8 a 9. sa dee fae ans w. 467
FOREIGN DESERTERS. See VESSELS.
FORESTS.
No. 6 of 1908. THE FORESTRY ORDINANCE, 1903 sas -» 447
No. 8 of 1905. THE FORESTRY (AMENDMENT) ORDINANCE, 1908 se -. 448
Ankole, rights of natives. Ankole Agreement, 1901, Clause 4 ae Say ae .-- 1003
Baganda, rights of. Uganda Agreement, 1900, Clause 16 ... age ape oy 962-963
In Buganda. Uganda Agreement (Forest), 1907... wis ste a aes «983
Crown and native rights in Toro and Ankole. Toro Agreement, Clause 4. Ankole Agree-
ment, Clause 4 ‘ 995, 1003
Fees. See FEES.
Setting fire to forest, ete., on Crown lands ai oak coe od ... 450
Forest produce, fees. Natives exempt in certain cases. Rides, 1907 bas ‘i we. 452
45 >, removal of from Crown lands. No. 6 of 1903 and No. 8 of 1905 447, 448
General, saving as to. No. 8 of 1905 448
Rubber, Rules, 1903 448
” » —: 1905 451
Timber, General. Rules, 1903 ann 449
Toro, rights of natives. Toro Agreement, 1900, “Ct ause 4 995
See also Puants.
FORFEITURE.
Remission of, Uganda Order in Council, 1902, Art. 9 888
Index.
1029
FORT PORTAL.
Civil jurisdiction of Collector extended to Rs. 1,500 during absence of Sub-Commissioner.
Notice, 1908
Collector (Toro) to be Acting Sub- Conghies for purpose me certain laws.
Customs Frontier post. Notice, 1904
Liquor, Native. No. 7 of 1902 applied to
Prison at. Notice, 1909
Savings bank at. Notice, 1909 wee ‘
Township, certain Rules applicd. Proclamation, 1906
FRONTIER POST. See Customs.
FUGITIVE CRIMINALS. See Extrapition.
FUGITIVE OFFENDERS.
PAGE
6
Notice, 1907 150
276
572
237
537
311
THE FUGITIVE OFFENDERS ACT, 1881. Uganda Order in Council, 1902, Art. 18 183, 890
Arrest of, see note 2... ae ws 2 ties Snes
FUMIGATION
Of plants. See Puants.
GAMBLING.
No. 2 of 1901. THI GAMBLING REGULATIONS, 1901
Agreements by way of wager, note 1
Keeping u lottery office, note 1... he wit is
Livelihood by unlawful gaming. No. 2 of 1901, Sec. 10
Reward to informers. No. 2 of 1901, Sec. 9
GAME.
No. 9 of 1906. THE UGANDA GAME ORDINANCE, 1906.
Birds,
Close season ior. No. 9 of 1906, Sec. 23
Included in term animal. No. 9 of 1906, Sec. 2
Licences. Sce below,
Convention for the preservation of wild animals in Africa, 1900, see note 2
District Corumissioners PEEeaieS to act as Sub-Commissioner for the purposes of
the Game Ordinance
Fish. See Fisn.
General provisions. No. 9 of 1906, Secs. 8 and 10
Informers—payment of rewards to. No. 9 of 1906, Sec. 40 ...
Ivory. See Ivory.
Legal procedure under Ordinance No. 9 of 1906, Sec. 88 ef seq.
Licences.
No. 9 of 1906, Secs. 12 and 33
East Africa Public Officers’ Licence valid in Uganda. No. 9 of 1906, Sec. 18
To Chiefs to shoot elephants. No. 9 of 1906, Sec. 36
Forfeiture of. No. 9 of 1906, Secs. 32 and 89
Importers of firearms may be required to take out. No. 9 of 1906, Sec. 33...
Natives, to diets an a ait hie cats Sale
Refusal of. No. 9 of 1906, Sec. 28 ...
Revocation of by Court. No. 9 of 1906, Sec. 39
Revocation of by Commissioner. No. 9 of 1906, Sec, 27
See Licences.
133
607
607
607
609
609
463
471
463
459
150, 151
464
476
476
468-475
470
475
474, 476
154, 474
475
473
476
473
1030 Index.
PAGE
GAME—continued.
Ostriches. No. 9 of 1906, and note thereto ... aa we cee Lak eae a. 465
Penalties. No. 9 of 1906, Sees. 7 and 39 is es 466, 476
Power to prohibit destructive method of capture of nets or * fish. “No. 9 a 1906, Sec. 9 467
Register. No. 9 cf 1908, Sec. 26 ses ome esa wha a sie ea vee 478
Restriction on hunting on private lands. No. 9 of 1906, Sec. 24... aos aes se 472
rr killing by natives. No. 9 of 1906, Sec. 34, et seq. «+ aa oe we 474
Reserves. No. 9 of 1906, Sec. 11, and Schedule 6 ... ics os ee ... 467, 480
Return of game killed. No. 9 of 1906, Sec. 26 se is ieee oe te ve 473
Servants of licence holders may not use firearms. No. 9 of 1906, Sec. 32 te we 474
Trophies, export, sale, etc., of. No. 9 of 1906, Secs. 6 and 7 as oe eee 464-466
GAZETTE,
Interpretation of term. Uganda Order in Council, 1902, Art. 2 and 3 (4) oe 885-886
GOATS. See Townsuirs.
GOLD. See Minine.
GOLDSMITHS. See Brokers.
GONDOKORO.
Arms. Collector to be Deputy Sub-Commissioner for the purposes of the Arms
Ordinance, 1906. Notice, 1906 er fa seis ‘ide ig ae «. 150
a Warehouse. Proclamation, 1906 Rd mae 98 aes ey a. 162
British Native Court established at. Proclamation, 1905... ‘ wa my «=O
55 3 », Assistant District Commissioner to hold. Notice, 1909 Beis w= 86
Court. Civil jurisdiction of Assistant Collector, Rs. 500. Notice, 1908 ... aes aes 6
Customs port. Notice, 1904 es fat $3 ais iid ean . acer 206
Licences to travel in Nile outlying district to be ae at Seater: or Merete,
Rules, 1907 ai iG os 5 Sia é aa ag zai 242
Persons entering Nile outlying district to ee so through Nimule or enaeian ‘Rules, 1907 242
Prison at. Notice, 1909... nik a Pe wei ee eH ae wwe BOT
A township, certain rules applied. Peaanidien. 1906 ee ie aie oes w= 811
GOVERNOR.
Administration of Government by. Uganda Order in Council, Art. 4 ... “a .. 886
Death sentence passed by High Court to be confirmed by. Uganda Order in Council,
1902, Art, 21 s+ wae oe sie : ie 892
Death sentence pet by Unyoro 5 alive acacia, to ‘We sundiosgall ie No. 5 of 1905,
See. 15 side ad mee ne ayy oe aie AS
Deputy. Uganda Order in twieae 1902, tis 4 aes de siti sua te .. 886
s, now styled Chief Sceretary to the Government ies sae ee wie .. =149
Formerly called Commissioner... - ste aie aa sa bs oa ~. 149
Jurisdiction of Courts over, limitation of. “igiuntla Order in Council, 1902, Art. 23... 398
Powers of. Uganda Order in Council, 1902... ate eis ages See isn ... 886
GRASS FIRES
On Crown lands ine aie sie ait i sia sea se wan aie we 480
GRATUITIES
To police. See Poxicr.
To prisoners. See Prisons.
To soldiers. See Muuirary.
GUNS. See Arms, Frees, Licences, etc.
GUN PORTERS. Sce Mititany.
GUNPOWDER. Sce Uxpiosives.
GUN TAX. See Fens.
Index. 1031
ae PAGE
HEALTH.
Offences affecting public health, note 1 ... Zieh ane the sia ate w. 540
Townships, iu, generally. The Townships Rules, 1903 ag Bie sist ea -. 288
See Bitts or Hears.
HIGH COURT. See Courts.
HINDUS. Oaths to. No. 6 of 1907 ... aes aoe ie seis ve a ag ew 111
HOIMA.
British Native Court established at. Proclamation, 1905... sia aie et jug 26
Civil jurisdiction of Collector extended to Rs. 1,500. Notice, 1908 Be oa sar 6
Customs frontier-post. Notice, 1904 sia ae sid sale sea we ae v= 276
District Commissioner to be Acting Provincial Commissioner for aa sae of Sas
Ordinances aie ta, ee hel aie x «. «151
Liquor, native, No. 7 of 1902, npetted to we or Sa sce id as ve 572
Prison at. Notice, 1909... sig “ a she sie sees wea oe jon SST
A township, certain rules applied. Prvalenaiions 1906 base ied aes ash ww. =Sil
HUSBANDS. See Marniace.
HUT TAX. See Fess.
IDENTIFICATION
Of prisoners... ad age aids igs ia aid mo oak Be pa vee 205
IGANGA. A township, certain rules applied. Proclamation, 1909 ee nee oe aa SIL
IMPORTATION. See Customs.
IMPRISONMENT. See Prisons and PunisuMent.
INFECTIOUS DISEASES. Sce Diskasus.
INTERPRETERS
Disobeying directions to keep contents of documents secret. No. 11 of 1909, Sec. 164... 105
When to be sworn or affirmed. No. 6 of 1907, Sec. 3 as a ead nas em ED
Of legal practitioners, evidence by. No. 11 of 1909, Sec. 128 wi ss ais as 95
INVENTIONS. See note 1 cies ses es aie sige ame heb aay oe 121, 503
IRRIGATION on Crown lands. Rules, 1905, Rule 10... he a oe ee oe 820
IVORY
Found. No. 9 of 1906, Sec. 6 (8) si uae sie See ihe ae vale wee 465
From elephants killed under native licences. No. 9 of 1906, Sec. 386... Ai . 475
Fe - killed when damaging ere and shambas. No. 9 of 1906, Secs. 21
and 87 é es 471,475
Importation from East Africa of Beck — tla ‘80 Ibs. orn prolibited, “tise; 1906 277
Possession, sale, etc., of female or immature ivory. No. 9 of 1906, Sec. 7 wig «. 466
See also No. 5 of 1904 on. oF ies ad se dit is eee we 504
Sale, export, etc. No. 9 of 1906, Sec. 6 (7) oa sia ged is se nt we 465
See Customs.
JINJA.
Arms warehouse. Proclamation, 1906 ... ies igo ais eld eae eee wai, AOD
Breach of Contract Ordinance, 1903, applied to. Notice, 1906... age = w. 590
British Native Court established at. Proclamation, 1905... «ane ss nies cn,
6 a5 », may be presided over by Sub-Commissioner. Notice, 1906 . =686
Civil jurisdiction of Collector Rs. 1,500/-. Notice, 1908... or on wes a0 6
Customs port. Notice, 1904 ar as ie she ts at sus athe w 276
oH warehousing port and warehouse. Notice, 1905... aor cs er «. «278
Infected or suspected ships arriving at... ait au cas st oes ute we 545
1032 Index.
PAGE
JINJA—continued.
Liquor, native. No. 7 of 1902, applied to ‘ . 572
Prison at. Notice, 1909 ‘ se aie wee os s aie she a 287
Savings Bank at. Notice, 1907 ... wes ste wi 5 Sie «. 587
Sleeping Sickness, canoes may be ee with District eerantinatone ‘Sleeping Sick-
ness Rules, 1908 at sa nal Sas te os w. 559
A township, certain rules sate Biadlamation, 1906 Boe ait nee sin ws. «811
Certain Township Rules applied. Notice, 1908 re ae wes ac nee «» 812
JUDGES,
Appointment of. Uganda Order in Council, 1902, Articles 17 and 19 bk Bee --- 892
Evidence by. No. 11 of 1909, Sec. 118 aes wale ag seis sits aes o- = 9B
Subordinate, Civil Court, appointment of. No. 10 of 1902, Sec. 13 ae og .. 38,4
53 Sessions, appointment of. No. 10 of 1902, Sec. 4 ... sas sia 1002, 4,5
JUDICIAL NOTICE
Facts of which Court must take judicial notice aes Be «=» 70
Governor's certificate re boundaries of Protectorate or a U. ©. C., 1902, tk 6 (2) 887
Seals of foreign ministers of justice authenticating depositions wg Sala ees .. 140
JURISDICTION. See Courts.
JUSTICES
Of the Peace, power to appoint. See note 1 ... a8 nis sat are ents avs 1
Visiting. See Prisons. *
KAKUMIRO.
District to be known as Mubendi. Proclamation, 1909 it oh a5 iia .. 899
KAMPALA.
Breach of Contract Ordinance, applied to. No. 12 of 1903, Sec. 6 wate Sa - 590
British Native Court at. Proclamation, 1909 ... ing eg as ite asia ow. Sl
Civil jurisdiction of Courts. Notices, 1909 ane Sa ae ea Rais sa aie 7
Liquor, native. No. 7 of 1902, applied to Seis ies we, Go ee se es «» 572
Savings Bank at. Notice, 1907 ... ane a seal ar ee we ans w. 587
Prison at. Notice, 1909 as ee aes bas ise aa was ws 287
A township, certain rules applied. Proclamation, 1906 sia iis ie wie w. B10
3 Mpanya hedges. Rules, 1908 ... ... ne ee 1)
KAMPALA PORT.
A Customs port and warehousing port. Notice, 1909 ... 279
KAUMPULIT, or native bubonic plague. See Inrectious D1sEAsEs.
KEROSENE. See PETROLEUM.
KINGDOM OF UGANDA. See Ucanpa Prorecronate.
KOBA.
British Native Court, established at. Notice and Proclamation, 1907 oe ak van ASL
a 5) », may be held by Assistant District Commissioner. Notice, 1909 . 36
Collector or Assistant Collector in charge, earn of Decomente for District of Acholi.
Notice and Proclamation, 1907 ‘a 08 soe axe wists . 1381
Customs frontier post. Notice and Biadieations 1907 er ae win ede 181,276
Prison at. Notice, 1909... ss se - bie ity wes aaa shi wee 237
A township, certain rules applied. Notice and Brodnentinins 1907 res ae ds 131, 311
A warehousing port. Notice, 1909 ee ie ies wa aes oer tae we. 278
Index. 1033
‘ PAGE
LABOUR.
No. 9 of 1905. THE NATIVE LABOUR ORDINANCE, 1905... K «. 690
No. 140f1909. THE NATIVE LABOUR (AMENDMENT) ORDINANCE, 1909 «» 6038
Breach of contract of. See Contract,
Employers of labour may be called upon to pay for additional pei rendered necessary
by conduct of labourers. No. 1 of 1908, Sec. 82 si ? avd ae w- 194
Forced, note 1 ae iste aye sae ant se ote bs ue aie .. 588
Native,
Application of Ordinance No. 5 of 1905. Notice, 1905 ... gia gs a -. 601
Application of Sec. 30. Notice, 1905 oe “ioe ing eels 238 ee .» 601
Baganda, native porters to Congo. Notice, 1909 ... es ore aes so »- 602
Basoga porters for the Congo. Notice, 1909 se aie se nis ea --- 602
Breach of contract by porters. No. 9 of 1905, Sec. 30 . ies a ais «» 596
Caravan porters for Rudolf, Karamoja and Lobor. ‘mules, “1908. ae 6 w» 504
Certain officers to be Acting Sub-Commissioners for purposes of f the Native Patan
Ordinance, 1905. Notices, 1907 and 1909 ... pee a8 sat dee 150-151
Desertion from caravan. No. 9 of 1905, Sec. 30 ... eae uae ed de w. 596
Engagement of. No. 9 of 1905 ats ae sig 20 sits ies iis -» 590
Fees. See Fess.
Gun licences for caravans, power to levy fees and charges for. No. 9 of 1902 ... 244
Registration fees on contracts of service in Central Province. Notice, 1906 «» 602
See also CARAVAN.
LAND.
No. 4 of 1897. THE UGANDA LAND REGULATIONS, 1897 ... diate w =361
No. 15 of 1899. Order applying THE INDIAN LAND ACQUISITION ACT, 1804 we 129
No. 27 of 1900. Regulations as to ACQUISITION OF LAND BY PUBLIC SERVANTS 148
No. 8 of 1902. THE UGANDA LAND REGULATIONS, 1902... ease tee we 864
No. 2 of 1903. THE CROWN LANDS ORDINANCE, 1903 iin sat w. 865
No. 3 of 1906. THE UGANDA LAND TRANSFER ORDINANCE, 1906 14 we 373
No. 11 of 1908. THE REGISTRATION OF LAND TITLES ORDINANCE, 1908 ... 898
No. 17 of 1908. THE CROWN GRANTS (EXECUTION) ORDINANCE, 1908 s. 899
ACQUISITION
By public servant sie sie sae aes se eis Fee Hea te -» 148
For public purposes... ai 129
97 Fa in Dapaia. euats dene eement, 1900, Geis 15; — The Land
Law, 1908, Sec. 6 “3 aa 962, 975
From natives... isis ee “98 oe is w» 378
The Crown Land (Garena! cide: 1905 Ss 263 oe ees sits we 875
‘5 i 3 Rules, 1908 id el a ae “ie «. 384
Execution of Crown grants. No. 17 of 1908 es tee aes een’ ste -. 899
Of land registered under No. 11 of 1908, see Sec. 6 en nex van Bee we «BOE
Registration. See below.
Transfer by natives to non-natives. No. 3 of 1906 nes So a aed we 873
CROWN LANDS. :
Beach and foreshore rents, power to levy ... v8 a wax ee ae wx BES
Conveyance. See above, Lanp, Acquisition.
Fire, prohibition on setting fire to forest, grass or undergrowth hee at we 450
Forests. See Forests.
Interpretation of term. U. 0. C., 1902, Arts. 2 and 3 (4) Aa dei ste 885-886
Leases. No. 2 of 1903 ie S53 de ants ae aig si ane .. 866
Lease and purchase of. Rules, 1905 Sis wee aes ss ite sigs «. 376
», Mining and mineral. See Minine.
1034 Index.
LAND—continued. .
CROWN LANDS—continued.
Licences for temporary occupation. No. 2 of 1903 ee
” ” ” Py Rules, 1905 ace» ° hs
Lime burning on, power to levy fees
Sales. No. 2 of 1908 ...
Survey Rules 7 sis
Vesting of. U. O. C., on i :
Water rights. Rules 8 to 12, and No. 6 of 1902
Mining Regulations, to what applicable. See Minine.
NATIVE LANDS,
Mailo estates, Buganda
Survey fee for. Notice, 1905
Transfer of to non-natives. No. 3 of 1906
Private, restriction on hunting game on. No. 9 of 1906, sé, a4.
Registration of documents affecting. See REGISTRATION oF Hicebwwewnay
a of titles. No. 11 of 1908 ...
a >» fees
Township Plots. See Townsuirs.
See also Corvorations, Forests, SUCCESSION ‘onl SURVEY.
LANGO. See Ucanps Protectorate.
LAUNDRIES. See Townsuirs.
LAW.
Ascertainment of British and Foreign. See EvipENcE.
English Acts applied. See AppLiep Acts.
a application of English Law generally
Indian Acts applied. See AprLirp Acrs.
Native, application of. See Natives, Locan Laws.
Ordinances, etc., to be published in Gazette. U. O. C., 1902, Art. 11 ...
Power to legislate. U. O. C., 1902, Art. 12
LEGAL PRACTITIONERS
Evidence by. No. 11 of 1909, Sees. 127-130
their clerks, interpreters and servants...
” ”
See Courts.
LEGISLATION.
Power to legislate. U. O. C., 1902, Art. 12
LETTERS OF REQUEST. See Evipence.
LICENCES
A.—Specific:
Arms to carry, etc. No. 5 of 1906, Part V. and Sec. 44
Arms. See also ARMs.
Brokers. No. 1 of 1902
Dredging. No. 2 of 1907 ... dee a tee we eee
5 conditions to be endorsed on. No. 2 of 1907, Schedule 3...
Explosives.
Uganda Explosives Rules, 1898
To import. Rule 5 itt wee ior
», withdraw from warehouse. Rules 9 and 11
s, manufacture. Rule 14
», trade in. No. 6 of 1904
PAGE
86Y
377
243
365
8738
887. 888
875, 430
972
ese 247
378, 973
472
...3861-365, 393
398
128
888
889
«94-96
95
889
158, 161
506
B42
346
oO
@
bo
58:
ao:
wm:
me
wo
ow
co Ct ot
go
“1 ot
wo
Index.
1035
LICENCES—continued.
Ferry boats. No. 11 of 1905
” ” fee. See Fess.
Game
Bird. No. 9 of 1906 ...
Landholder’s. No. 9 of 1906
Native. No. 9 of 1906
Public Officer's. No. 9 of 1906 ie id
23 14 day licence. No. 9 of 1906
Settler’s. No. 9 of 1906
Special. No. 9 of 1906
Sportsman's. No. 9 of 1906
See also GAME and Arms,
Goldsmith. No. 1 of 1902
Liquor, distilled and alcoholic,
To import. Rules and fees ...
», sell. Rules and fees
1» 9, (occasional auction), 1903
»» 9, fees for part year. Rule, 1904
Liquor, native,
To sell. No. 7 of 1902 are ;
»» 99 Places to which the Ordinance aan ae
», import into certain places. No. 10 of 1906, Sec. 1
»» possess in certain places. No. 10 of 1906, Sec. 2
Marriage, given by Governor. No. 5 of 1902, Sec. 13 and 2nd Schedule ...
Mining,
Diggers. No. 5 of 1902, Sec. 20 es
Prospectors. No. 5 of 1902, Sec. 6, and No. 6 of 1 1902, ‘Rule 2 2
Stand. No. 5 of 1902, Sec. 48 si ve hs
To deal in native goid. No. 6 of 1902, Rules 56 and 57
Water rights. No. 6 of 1902, Rule 52
Wood-cutting. No. 5 of 1902, Sec. 49
Money changer. No. 1 of 1902 oh bikes
Opium to produce, deal in, etc. No. 10 of 1902, Sec. 2
Ostrich farmer
» hunter
», feather merchant
», to export ostriches and eggs ees sa Wa
Outlying districts, to enter. See Licences, Travellers, below.
Pawnbrokers. No. 1 of 1902 a ae vee Pr
Petroleum, to import, transport and possess. See PrETrotEun.
Poisons, to sell. Rules, 1903 sea ane ie ex
Police, for processions, etc. (no fee). No. 1 of 1908, Sec. 89
Prisoners, to be at large. No. 9 of 1909, Secs. 114 to 120 ...
River,
Dredging : as nas sx ie aes wee
Steam Vessels. No. 2 of 1907, Sec. 10, and Schedule 2
Silversmiths. No. 1 of 1902
Telegraphs, to establish, maintain and oe The Indian Telegraph Act, 1885, Sce. 4... 335
Telegraphs, to use or establish wireless. No. 12 of 1908, Sec. 2...
Tradc, to trade in certain districts. No. 5 of 1904, Sec. 3
to trade in Rudolf, Karamoja and Lobor. Rules, 1908
PAGE
349, 352
468, 475
468, 475
468, 475
468,475
468, 475
468, 475
468, 475
468, 475
506
570
570
570
571
six OTL
572-573
575
577
614, 627, 629
«. 406
401, 419
414
431
431
414
506
579
487
488
488
491
564
w+ 198
234-235
843
343
506
235
503
504
1036
Index.
Travellers.
To enter
closed district.’’
To enter Rudolf and Eastern ‘‘ closed districts.’’
To enter Nile outlying districts.
LICENCES—continued.
No. 4 of 1904, Sec. 4 ney
Rules, 1904...
Rules, 1907
To be yearly. Notice, 1907
Power to fix fees for.
No. 16 of 1908
B.—Generally:
Police may inspect.
LIME.
Burning of, on Crown lands.
LIQUORS.
No. 7 of 1902.
No. 8 of 1903.
No. 8 of 19038.
No. 10 of 1906.
Distilled,
Manufacture of, in Protectorate prohibited. No. 8 of 1903, Sec. 2 and note 1
No. 1 of 1908, Sec. 29
Power to levy fees and charges.
THE NATIVE LIQUORS ORDINANCE, 1902
THE UGANDA LIQUOR ORDINANCE, 1903
THE UGANDA LIQUOR ORDINANCE (No. 2) 1908
THE NATIVE LIQUORS ORDINANCE. 1906
Distilled or alcoholic,
Certain officers to be acting Sub-Commissioners for purposes of the Uganda Liquor
Ordinance, 1903 ¥ wig ay sae
Import duty on.
Importation of.
Not to be given or sold to natives.
No. 3 of 1903, Secs. 13 to 16
Sale of.
Licences.
No. 2 of 1903, and No. 7 of 1904, Schedule A
No. 3 of 1903, and note 1 .
No. 3 of 19038, Seo. ‘7
See LicEnceEs.
To possess native liquor in certain places, what to specify.
Native.
Sale of.
Possession and sale of in cantonments.
Tavern keeper, etc., harbouring policemen.
No. 7 of 1902, Sec. 2 ef seq.
Places at which can be sold under licence only.
Rule, 1906
See Licences.
7 of 1908, Secs. 6 to 9
No. 1 of 1908, Sec. 68
No.
Zone of prohibition under Art. XCI., Brussels Act, Uganda within, note 1
LOTTERY.
Keeping an office, note 1
LUNACY.
No. 4 of 1906.
THE BANKRUPTCY AND LUNACY ORDINANCE, 1906
Acts of lunatics and actions by and against, see note 1
Tividence by lunatics.
No. 11 of 1909, Sec. 116
Removal of criminal lunatics from Uganda to United Kingdom or ee
Council, 1907, and note 1 to page 610
The Colonial Prisoners Removal Act, 1884.
MAGISTRATES.
See note 1
Enquiry by, into death of person in custody of police, see note 1
” ”
Tividence by.
Pr prisoner
No. 11 of 1909, Sees. 118 and 126
Rating cases, appeal to, re assessments
Unclaimed property, disposal of by
See also Courts.
No. 9 of 1902
Order in
PAGE
238
241
242
242
240
174
244
571
565
568
575
565
150,151
256, 566
565
«- 567
566-567
571
864-866
190
565
607
610
610
92
916
610
167
212
98, 94
291
193
Index. 1037
MUHAMMADAN.
Divorce. See Divorce.
Estates, distribution of. The rules of the Uganda Succession Ordinance, 1906, with
regard to the distribution of intestate estates do not ib apply to Muhammadans. eas:
PAGE
1906 ie 814
Marriages. See Marriaces.
Oaths to. No. 6 of 1907 111
MAILO.
Native estates in Buganda, see The Land Law, 1908 972
MAILS. See Postat.,
MARINE, Uganda 815
MARKETS.
Fees. See Fess.
Public. See Townsuips.
MARRIAGE.
No. 5 of 1902. THE UGANDA MARRIAGE ORDINANCE, 1902 611
No. 11 of 19022. THE UGANDA MARRIAGE AMENDMENT ORDINANCE, 1902 630
No. 14 of 19083. THE NATIVE MARRIAGE ORDINANCE, 1903 638
No. 2 of 1904. THE UGANDA MARRIAGE (REPEAL) ORDINANCE, 1904 630
No. 6 of 1906. THE NATIVE MARRIAGE FILES ORDINANCE, 1906 640
No. 7 of 1906. THE UGANDA MUHAMMADAN MARRIAGE AND DIVORCE
ORDINANCE, 1906 i ‘ 666
Celebrated before 1st April, 1904, when valid. No. 5 of 1902, Sec. 36 620
Celebration of. No. 5 of 1902. Sec. 21-29 . 616
Certificate of Registrar. No. 5 of 1902, Sec. 11 et seq. 613
Commencement of No. 5 of 1902. Notice, 1903 681
Communications during marriage. Evidence re. No. 11 of 1909, Bs, 193 we 94
Deceased wife’s sister or niece. No. 2 of 1904, Sec. 33, and note 5 oa ie 619, 630
Consent to, in certain cases. No. 5 of 1902, Secs. 18-20 ... ai Su dit 615-616
District Registrars and Registrar General. Notice, 1909 -. 631
Evidence by wives and husbands. No. 11 of 1909, Secs. 121-128 93-94
Fees. ;
No. 5 of 1902, Sec. 40 and Second Schedule hs ae wae al Sia 622, 629
Muhammadan. Notice, 1906 675
Native. No. 6 of 1906 640
Forms. No. 5 of 1902, Sec. 53 625
Invalid. No. 5 of 1902, Sec. 33 ... oe es ste wits 619
Licence to marry, Governor may grant. No. 5 of 1902, Sec. 18 ... 614
Maintenance of wives and children, orders as to, note 1 nae ite ade wa. $611
Offences and penalties. No. 5 of 1902, Secs. 43-52, and note thereto whe its 623-624
Places licensed for celebration of marriages under the Uganda Marriage Ordinance, 1902 632
Preliminaries to. No. 5 of 1902, Secs.7-17 ... wey wits ae Sai ie 612-615
Recovery of wives, decrecs for, note 1 611
Registers of, forging, note 1 611
Registrars. Notices, 1909 ae 9 sits is 631
Registry and Evidence oz. No. 5 of 1902, Seis, 30-3 32 aus ay is ea 618-619
Restitution of conjugal rights. No. 15 of 1904, Sec. 21, and note 17 653
Muhammadan.
Registration. No. 7 of 1906 666
Districts and fees. Notice, 1906 ad ie 675
_ Penalty for non-registration. No. 7 of 1906, Sec, 18 ,,. wine wi vr 670
1038 Index.
PAGE
MARRIAGE—continued.
Muhammadan—continued.
When No. 5 of 1902 and No. 14 of 1908 to cease to apply to. No. 7 of 1906, Sec. 2 666
Saving clause. No. 7 of 1906, Sec. 17... se sis wie aie oui «670
Native.
Commencement of No. 14 of 1903. Notice, 1903 itis fis ee fae w. 641
Custom. No. 5 of 1902, See. 35... mA ae aks igs set els -- 620
Marriage fees. No. 6 of 1906... ie sine ae tis igi ee --- 640
Registration : 639, 640
See also Divorce.
MASAKA,.
British Native Court at. Proclamation, 1909 ... ae ava ane ae aves we BY
Canoes may be registcred with District Commissioner. Sleeping Sickness Rules, 1908 ... 550
Customs frontier post. Notice, 1904... att aise ea iis Pan ove a. 276
Liquor, Native. No. 7 of 1902 applied to sine ini a bis ‘ioe veg tee TD
Prison at. Notice, 1909 ... aie wi wits ge pes ah ian aes soe AY
A Township, certain rules applicd. Proclamation, 1906 Soe wis ots sie . 311
MASINDI.
British Native Court, established at. Proclamation, 1905 ... Bis swe aie win, 125,
A Customs frontier post. Notice, 1909 77
Liquor, native. No. 7 of 1902, applied to a iste 485 aes 8 sss w. 572
Prison at. Notice, 1909 ... aes ao ici sis wis aie a Sor see 237
A township, certain rules applied. Proclamation, 1906 ai dieis waa aa we B11
MBALE.
British Native Court, established at. Proclamation, 1905... Sid eve ez we 25
a “s ;, Sub-Commissioner may preside over. Notice, 1906 ... den ine OE”
Breach of Contract Ordinance, 1903, applied to. Notice, 1906... as or .» 590
Civil jurisdiction of Collector extended to Rs. 1,500. Notice, 1908... aa ihe 6
sa or Assistant Collector Rs. 500. Notice, 1908 7
Customs frontier post. Notice, 1904 as ao ‘itis os 276
Liquor, native. No. 7 of 1902, applied to eit eee ee sis oa shy we 578
Prison at. Notice, 1909... ai i asi ‘i at wise wats aia we 287
A township, certain rules applied. Proclamation, 1906 tis sis oe acts w- SIT
MBARARA.
Customs frontier post. Notice, 1904... ia nals fae cen ria eee we 276
Liquor, native. No. 7 of 1902, applied to ia pe a ina eee wie aos BD
Prison at. Notice, 1909 ... agg are ise mare diva we. 287
A township, certain rules applied. Biesiatunion, 1906 ste ins ‘ie a dia OUT
MEDALS. See Mitrrary, Pouice.
MILITARY.
No. 8 of 1902. THE KING’S AFRICAN RIFLES ORDINANCE, 1902 ge «. 816
No. 7 of 1903. ee AFRICAN RIFLES Dames in ORDINANCE,
. 858
No. 18 0f 1904. THE aa Ss APRICAN RIFLES (AMENDMENT ORDINANCE,
Bt 859
No. 7 0f 1908. THE UGANDA CANTONMENT ORDINANCE, 1908 atid wa . 863
No. 13 of 1908. THE KING’S AFRICAN RIFLES Rc aiataeicaees ORDINANCE,
1908 Sea 860
No. 4 of 1909. THE KING’S AFRICAN RIFLES. (OMENDMENT) ORDINANCE,
1909 as 861
No. 18 0f 1909. THE UGANDA CANTONMENTS (AMENDMENT) ORDINANCE, 1909 866
Accounts of Deserters (Regs. under Sac 71 of No. 8 of 1902). Regs., 1909 ase --. 862
Application of Army Act. No. 8 of 1902, Sec. 32... 2 is 2% wie vee BY
4
Index.
MILITARY—continued.
Application of Army Act. No. 18 of 1904 ‘
5 Ordinary Criminal Law. No. 8 of 1902, aie
Arrest. No. 8 of 1902, Sec. 39
Articles of War, to whom applied
oO
oe
2 é Indian
Camp-followers
Cantonment,
Exclusion of persons from ish Be aes
Sale of liquors, drugs in. No. 7 of 1908, Secs. 6-9
Magistrate. No. 7 of 1908, Secs. 4 and 10
Police. No. 7 of 1908, Sec. 5
»» powers of Protectorate Police in
Of Bombo. Proclamation, 1908
Civil suits by and against, note 1... 5 8s i aa
Constitution and Government of force. No. 8 of 1902, Part I.
Courts Martial. No. 8 of 1902, Sec. 43 :
Crimes and punishments. No. 8 of 1902, Sees. 34- 38
Decorations, not to form part of deceased’s estate oi on ae
Deserters, accounts of (Regs. under Sec. 71 of No. 8 of 1902). Regs., 1909
Desertion, inducing ...
punishments ie
Discipline. No. 8 of 1902, Part III. . Aiki sti gat
35 Supplemental Provisions. No. 8 of 1902, Secs. 49-57
Drunkenness, offence and punishments. No. 8 of 1902, Secs. 87 (9). No. 4 of 1909
Enforcement of civil contracts. No. 8 of 1902, Sec. 63
Enlistment, discharge and scrvice. No. 8 of 1902, Part II. sibs
Estates of deceased officers. The Regimental Debts Act, 1898. See note 1
Execution of sentences. No. 8 of 1902, Secs. 45-47 ...
Fines Fund. No. 8 of 1902, Sec. 48
Gratuities. No. 8 of 1902, Secs. 27 and 28
% to native officers. No. 7 of 1903
Gun porters. No. 18 of 1904 : wi ar ie
Indian Articles of War, to whom suited. ” fo. 8 of 1902, Sec. 9 ee
Medals, not part of personal estate of deceased. Sec. 70 of No. 8 of 1902
ais regulations respecting. See note 1
Offences and penalties in matters respecting the K. A. R.,
No. 8 of 1902, Secs. 58-62
Inciting to mutiny a e
Inducing members of the corps to Anadiie.
Personating i
Unlawful possession as arms, ‘fee 3 ‘a degimannil
Relating to the army. Note 1 es ad iss ate oad ee
Police on active service, etc., subject to military law. No. 1 of 1908, Sce. 51...
$5 command of, in case of active service. No. 1 of 1908, Sec. 13 ...
Power of Commanding Officer. No. 8 of 1902, Sec. 40 3
i Officer Commaniling detachment. No. 6 of 1902, Secs. 41 als 42
Prisoners. No. 8 of 1902, Secs. 45 and 46
The Regimental Debts Act, 1893. See note 1 .
Restoration of good conduct badges. No. 13 ae 1908
Succession to deceased’s estates of K.A.R. not anOERS my the Piesaten Ordinance,
1906 oa aa :
Succession to estates of on Bes The ‘cae Debts Kei, "1893, note 3
Transport section ... wig agi ap ei aie si sa ony
1039
PAGE
859
v» 850
839, 850
829, 859
820
859
«. 867
864-866
864, 866
864
« 864
867-868
816
818
... 848
830-839
«857
862-863
852
830, 833
829
848-852
835, 861
853
821
.. 816
845-847
ve 847
826-827
858-859
360
820
857
S16
852
852
852
853
852
816
181
170
840
842
845-846
689, 816
860-861
8138, 354
689
. 880
1040 Index.
PAGE
MILITARY—continued.
Uniforms. See Unirorms.
Use of for suppressing unlawful assemblies. Note 1 . oe
Whipping, Governor to prescribe instrument for poe punishenent by regulation.
No. 8 of 1902, Sec. 38 (4) : é ‘
854- 858
Wills and distribution of property. No. 8 of 1902, Seva 64. 1
See also VOLUNTEER RESERVE.
MILE.
Adulteration of. See Propuce and TownsHIPs.
MINERALS. See Minine.
MINING.
No. 5 of 1902. THE UGANDA MINING REGULATIONS, 1902 ... shi see .-. 400
No. 6 0f 1902. GENERAL MINING RULES, 1902 ... aia a ee aes v. 419
No. 70f 1902. SAFE MINING RULES ke Sey ste ae wae ose ee 437
Accounts re royalties. No. 5 of 1902, Sec. 42 as aug sik ae 26 we 412
Administrative. Certain officers to be Acting Sub-Commissioners for purpone of Mining
Regulations, 1902 ae Saw ave ast nie sine as é ose 150, 151
Claims,
Abandonment of. No. 5 of 1902, Sec. 46 wes wi 1s ug wel we 433
Alluvial, extent of. No. 5 of 1902, Sec. 45 ee ae eee See its w. 413
5 not to be pegged out by attorney. No. 5 of 1902, Sec. 45 ... =i w. 413
Amalgamation of. No. 5 of 1902, Sec. 22 ... ais we ern oe seas -. 406
Diggers. No. 5 of 1902, Secs. 18 and 26... aie sis dive bea see we £05
Transfer of. No. 5 of 1902, Sec. 23 site : si a5 Gs aus «-- 406
Crown, rights of. See Mininc, Rights of Crown, flen,
Dealing in native gold see #8 a5 wes aoe bts Se we 481
Diggers Committee. No. 5 of 1902, Bias, 25- 28 ss ste es see asi 407-408
Digger’s licence os sag sh wey site ise Wve sis ae se ve 406
Discovery of gold, etc.,
By private owners. No. 5 of 1902, Sec. 31 waa Se ie ses a ... 408
»» public servants. See note3 ... mee ae sod eas ss eee w. 149
Declaration of. No. 5 of 1902, Sec. 11... a a eas is ane «.. 403
és penalty for false. No. 5 of 1902, Sec. 12. te es aa we 408
Whether in payable quantities. No. 5 of 1902, Sec. 19. ae a we 405
Disputes between owners and prospectors, how determined. Re. 5 of 1902, Sec. 7 ... 402
Duty, transfer, none to be exacted on value of mineral in land sold. No. 5 of 1902,
Sec. 59 wes ins bed ets ne es dies Ree es iate vas w. 416
Explosives, proper use of ... nee ne son Sie ain aide ote ae we £89
Fees... ae ite nee rr sais ata ii as 402, 406, 414, 419, 425, 481
Fences ... is site Sif was bios ae Se. aed ave vite see 438, 441
Forms ... ase aes ae iis ue «. 417-418, 432-437
Fraudulent acts. No. 5 oh 1902, “See. 13 ae s wets eae a as we 404
Grants, general saving as to. No. 5 of 1902, Sec. 61. ine or soe tee ws 417
Land, to which regulations apply. No. 5 of 1902, Sec. 4 ... ae sie aire ve 401
55 49 exemptions. No. 5 of 1902, Sec. 38 ... euBig) SRe Sie ie -» 409
+, rent apportionment in certain cases. No. 5 of 1902, Sec. 38 sees ds -. 410
Leases.
Application for. No. 6 of 1902, Rules 16 et seq. see rs sit os vee 421
Assignment of ... es wince oe wate es oie da we 425
Cancellation of. No. 6 of 1902, Role B84 nike ‘i ed se ous we 425
is to be published. No. 6 of 1902, Rule aT ae Gis apr wee 426
Conditions of. No. 6 of 1902, Rule 40... ve ann phe — — snc 3O7
Index. 1041
PAGE
MINING—continued.
Leases—continued.
Execution of. No. 6 of 1902, Rule 27 we, 494
Extent of. No. 6 of 1902, Rule 14 ... ave, 421
General saving as to. No. 5 of 1902, Sec. 61 417
Grant of. No. 5 of 1902, Sec. 40 2u5 w. 411
Mill and machine sites. No. 6 of 1902, Rule 42 et seq. 425, 429
Refusal of. No. 6 of 1902, Rule 28... 424
Registration, of. No. 6 of 1902, Rule 82 ... 425
Rents. No. 6 of 1902, Rule 46 430
Sale of sate sie ies re a a ona se use nae vee 425
Survey of. No. 6 of 1902, Rules 17, 21, 39, 47, 53... as +. 422, 427, 480, 431
Licences. See Licrncrs.
By whom issued. No. 6 of 1902, Rule 1... 419
Number allowed. No. 5 of 1902, Sec. 21 406
Persons who may take out new. No. 5 of 1902, Sec. 24 407
Prospector’s, bond to be entered into. No. 5 of 1902, Secs. 8 and 9. 402
Records to be kept by holder of native gold ‘licence. No. 6 of 1902, Rule 58 432
Limitation of mining rights. No. 5 of 1902, Secs. 3 and 6 w. 401
Machine site lease 425, 429
Mill lease wae sae ae ve wie 425,429
Mineral lease. No. 6 of 1902, Sec. 12 et seq.... 421
Mineral oil wells. No. 5 of 1902, Sec. 58 416
Mining centre.
Interpretation of. No. 5 of 1902, Sec. 2 i 400
To be proclaimed. No. 5 of 1902, Sec. 15 404
Oil, mineral, Governor may make rules for working wells . . 416
Penalties. No. 5 of 1902, Secs. 11-14, 51-57 408, 414
Power to male rules. No. 5 of 1902, Sec. 60... 416
Private land owners.
Claims on public fields. No. 5 of 1902, Scc. 32 i 408
May not throw open land to public. No. 5 of 1902, Sec. 30 408
May waive claim to exemption. No. 5 of 1902, Sec. 33 a -. 409
Rights to half licence moneys. No. 5 of 1902, Secs. 29 and 48 408, 414
», to half rents. No. 5 of 1902, Sec. 43 aa 412
;, to half stand licence. No. 5 of 1902, Sec. 48 ... 414
», to prospect. No. 5 of 1902, Sec. 30 ie wes 408
a as without lisence. No. 6 of 1902, Rule 4 oe 419
», water. No. 5 of 1902, See 39 411
», timber. No. 5 of 1902, Sec. 50 “ise 414
» rents, apportionment to. No. 5 of 1902, Sec 38 410
To declare discovery. No. 5 of 1902, Sec. 31 ‘é 408
To be notified by prospectors. No. 6 of 1902, Rule 4 (a) 419
To be paid fees by prospectors. No. 6 of 1902, Rule 4 (b) 419
Prospecting area.
Beaconing of.
No. 5 of 1902, Sec. 10 403
No. 6 of 1902, Rule 5 atts 420
Meaning of term. No. 5 of 1902, Sec. 2 407
Registration of. No. 6 of 1902, Rule 6 420
Relinquishment of.
No. 5 of 1902, Sec. 18 405
No. 6 of 1902, Rule 7 420
66
1042 Index.
PAGE
MINING—continued.
Prospectors.
Bond. :
No. 5 of 1902, Sees. 2 and 9 ... x i oo ae a i 402, 403
No. 6 of 1902, Rule 3... ave nee ne Ge Sie ies wide .. 419
Claims. No. 5 of 1902, Sec. 17 aba ne eae ie see se cae .. 405
Fee for licence ais ae aia as win ae se wo ive 402, 419
Fees payable by, to private owners ae sis he site ae ae 402, 419
Licence. No. 5 of 1902, Sec. 6... ahs site roe de ras aes we 401
May be required to fill up holes, ete. No. 6 of 1902, Rule 11 ... age ai we 421
When to take out leases. No. 6 of 1902, Rule 12 Gis ie sina rt we. 421
Public fields.
Closing of. No. 5 of 1902, Sec. 44 aes Sas se ie sit = w. 418
Interpretation of term. No. 5 of 1902, Sec. 2 ... nae Bee ai .-. 400
Power of Commissioner of Mines over. No. 5 of 1902, Secs. 34-36 ... # 409-410
Rights of Crown.
In Crown lands. U. O. C., 1902, Art. 7 (1) ae ie si . 887
Vesting of mines and minerals on land in senna of natives, etc. U. O. C., 1902,
Art. 7 (4) ove ve ie 7 ae : ose eer 888
Rights in mines and minerals in Toro aad dual vested in ee ‘ea. Toro
Agreement, Clause 4. Ankole Agreement, Clause 4 ... iss sais --. * 992, 1000
Limited in Buganda on Mailo land. Uganda Agreement, Clause 17 963, 974, 975
No. 5 of 1902, Secs. 61 and 62 aids “ ae wee aia ate ue ase SLT
Restriction on Companies. No. 6 of 1902, Rule ‘32 wes os eas pas ae we 425
Royalties,
On mines and minerals. No. 5 of 1902, Sec. 42, No. 6 of 1902, Rule 31 ... 412, 425
In Buganda on Mailo land. Uganda Agreement, Clause 17 ... wie , 963, 974, 975
Safe. Rules No. 7 of 1902 wats wot wie wise aaie ee sa Be cee 487
Stand licences is wie ne ate se alka a8 eae wile ois we 414
Transfer
Duty. No. 5 of 1902, Sec. 59 si ee fs Sits ahs Mae -. 416
Of claims and fee for. No. 5 of 1902, Bec, 28). as ie dies ius uae ... 406
Water, precautions against dangerous accumulations Eh ex wn es -. 440
» vights. No. 5 of 1902, Secs. 33, 84,39. No. 6 of 1902, Rule 48 et seq. 409, 411, 430
Wood-cutting licences ar ae nc a det ce an wee ie w. 414
MONEY
Orders. See PostTan.
Changers. See Broxers.
Legal tender. See Currency.
MUBENDI.
British Native Court at ... wes ozs wee oie ase wie ays a we Bl
Customs, Frontier Post ... ae ots vad oe sae aha ae sins -. 276
District aig ae nas oe ie ste iu el ie wee oe --- 899
Liquor, native. No. 7 of 1902, applied to bes asi sie wis sie oe . , 182, 572 °
Prison, at... ae se ees Pee iis si aa dibs ee ote "139, 237
NATIVES.
Acquisition of land from... sas ee Hae a0 sive ste -» 873,972, 976, 977
3 oa for public purposes. Uganda Agreement, Clause 15 an «i. $962
Arms and ammunition to. —
Guiding principles, see note 1 sie sais dia ane 8 bee nts vee 152
No. 5 of 1906, Sec. 34 ces “es hie sie an sae 3 — su 4159
Courts. See Courts.
Lndex. 1043
PAGE
NATIVES—continued.
Exercise of Jurisdiction over, by Courts. U. O. C., 1902, Art. 20 aa oes -- 892
Forest rights of,
Exempt from forestry fees in certain cases. Rules, 1907 ase oe . 452
Uganda Agreement, 1900, Clause 16. The Toro and Ankole Agreements, Claus 4 962,
983, 995, 1008
Game.
Licences, similar to sportsman’s or settler’s. No. 9 of 1906, Sec. 35 pee vx =“9TB
Licences to Chiefs to shoot elephants. No. 9 of 1906, Sec. 36 oie on vee 475
Restrictions on killing game by. No. 9 of 1906, Sec. 34 et seq. Bas aoe we. 474
Gun Tax. See Fees.
Liquor.
See Ligvor.
Distilled or alcoholic not to be sold or given to. No. 8 of 19038, Sec. 17 ... «. 567
Local Laws.
Buganda ae ; ale wis .. 968
Application of Native Law Sle iting: v. ‘0. C., " 1902, ae, 20 ive aie .. 892
Marriages. See Marniaces.
Removal of undesirable. See Derorvarion.
Roads, maintenance of main, in Buganda ia a or 958, 960
Suecession, natives exempted from the provisions of the Wea Sadeediten Ordinance,
1906, Order 1906 as ee nea wie va we van nee sis ve, O14
Survey of Iistates, fees... sid icy ii es ee i i Bee we 247
NAVY... as aa se sins ais ie a5 aes aes siti a .. 815
NEWSPAPERS,
Registration of, for Postal purposes. See Postan.
NGOMAS. See Townsures. :
NIMULE.
Arms warehouse. Proclamation, 1906... oe ake fei ses set ee «» 162
British Native Court established at. Proclamation, 1905 ... ‘igs es aay we £225
Civil Jurisdiction of Collector, Rs. 1,500. Notice, 1908 aa ies ae en ete 7
Customs frontier post. Notice, 1904 ... eee aus ee eve se aes we. 276
Customs warehousing station. Notice, 1905 ... se te es Se sa w. 278
District Commissioner authorised to issue prospecting licences. Notice, 1908 ... w. 446
Licence to travel in Nile ous district to be checked at Gondokoro or Nimule.
Rules, 1907 ae seat 6 se ie ea xia a. 242
Liquor, native. No. 7 of 1902, dailied to its asia ae ais a : we 573
Persons entering Nile ce district to do so through Nimule or Gondokoro. “Rates,
1907 ae waa — ec wes ae wis ane fut a age 242
Prison at. Notice 1909 ws an sia i sa ais = aap eels ws. 287
A Township, certain rules applied. Proclamation, 1906 ds ae aes ne -. 811
_ NOTIFICATIONS,
Public, publication of, U. O. C., 1902, Art. 11 iu wie on jae 2, .. 888
NYASALAND.
Decree of Courts of, transferable to Uganda. No. 8 of 1908 ... Se ar id .. 116
OATHS.
No. 6 of 1907. THE UGANDA OATHS ORDINANCE, 1907 ais sie as .. 110
Forms. Rules, 1907 wea aed wa wee wee wey tea Sea ase .. 113
Persons
Authorised to administer. No. 6 of 1907, Sec. 2 ne bat ive des ais; 220
By whom must be made. No. 6 of 1907, Sec. 3 aes ane shes uae . 110
1044 Index.
PAGE
OATHS—continued. :
Power of military officers to administer. No. 8 of 1902, Sec. 54 ... asté cee .» 850
45 Prison officers to administer. No. 9 of 1909, Sec. 125 as sais wee 287
35 To administer to accused persons. No. 11 of 1909, Sec, 119 aoe wee a 98
99 Visiting Justices to administer. No. 9 of 1909, Sec. 89 ... ag gue we 228
OFFICERS.
No. 14 of 1968. THE DESIGNATION OF OFFICERS ORDINANCE, 1908... -. 149
Acquisition of land by mee “ aise dea ey aso Si shi tee --- 148
Appointment, etc., of public officers. U.0.C., 1902, Arts, 10 and 19... es 888, 892
Civil,
In charge of district, to proclaim that police constables are not arrestable and that
pay cannot be attached in execution for debt. No. 1 of 1908, Sec. 77 ... -. 198
Suits by or against, see note 1 eee . . a tics ads nae «. 148
Contempt of lawful authority of, prosecutions ae note 1 ... oe a se -. 148
Designation of, No. 14 of 1908 ... aes ie is aes dist de ie -. 149
Discovery of minerals by, see note 3... sng sit so eh .. 149
Evidence by public’ officers. No. 11 of 1909, Secs. 124 to 126 oon aie ves «. §=694
Judicial notice of accession to office, ete. No. 11 of 1909, Sec. 55 he sine ae, ll
Local investments, commercial pursuits, etc. ... sch ai ai aay Ke ... 148
Offences by or relating to, see note 1 ... fag ae ie a. 148
Permitted to import one rifle, etc., free of duty No. 5 S of 1908, Sec. 45 . Seg «. 161
OIL,
Mineral, Governor may make rules for working ... x6 6 ie ne: wee ve. 416.
Sce PETROLEUM.
OPIUM.
No. 10 of 1902. THE OPIUM REGULATIONS, 1902... des aes ee «. 579
ORDERS
Power to make includes power to rescind, revoke, amend or vary ... kisie ta ... 886
ORDERS IN COUNCIL.
THE UGANDA ORDER IN COUNCIL, 1902 ... wae .. 884
THE BAST AFRICA AND UGANDA (CURRENCY) ORDER IN “COUNCIE,, 1905 «-- 900
THE EAST AFRICA AND UGANDA (CURRENCY) ORDER IN COUNCIL, 1906 ... 912
THE COLONIAL PRISONERS REMOVAL ORDER IN COUNCIL, 1907 2 --. 916
ORDER IN COUNCIL, 41TH JULY, 1908 Kerpelding for copes for the puppocee of
the Workmen’s Compensation Act, 1906) ai 929
THE EASTERN AFRICAN PROTECTORATES (court OF APPEAL) ORDER IN
COUNCIL, 1909 ns 932
THE EASTERN AFRICAN PROTECTORATES (APPEAL TO PRIVY counert)
ORDER IN COUNCIL, 1909 ... 943
ORDER IN COUNCIL, 18H Ocrtosrr, 1909 teraplaatiee the ivilenas + (Colonial Statutes)
Act, 1907, to certain countries, including Uganda) ‘ 951
ORDINANCES.
Promulgation of. U. O. C., 1902, Art. 12 ... 889
Publication of. U. O. C., 1902, Art. 11... 388
OSTRICHES.
No. 19 of 1909. THE OSTRICH ORDINANCE, 1909... 486
Export licence ee ve? 491
Farmers ri Si ‘ae ee nee aa a ... 487
Feathers, Sao duty on. No. 7 of 1904, Schedule 257
Po ” 1 No. 19 of 1909, Sec. 30 ar «= 494
» merchant ae ni Ses Sat aes 487, 488
Hunters ais = ls ste ... 488
1
“4
Index. 1045
PAGE
OUTLYING DISTRICTS.
No. 4 of 1904. THE UGANDA OUTLYING DISTRICTS ORDINANCE, 1904 w. =.238
No. 16 of 1908. THE UGANDA OUTLYING DISTRICTS ORDINANCE, 1908 s. 240
Closed districts,
Power to declare. No. 4 of 1904, Sec. 2 . ee sles ait ee abe «. 238
Power to make rules regarding. No. 4 of 1904, Sec. 10. ao su te ve 239
Power to fix fees and penalties for offencps Lee punishable « as an offence).
No. 16 of 1908 as sth 3 ua -. 240
In Rudolf Province, Karamoja, aa Taber: pi oalihaseate 1904 Ars ath «. 240
a rT as % oy regulation for traders. Rules, 1908 ... 504
” ” ” ” o regulation for travellers entering. Rules, ve
In Nile Province. Proclamation, 1907 ase tae a6 ae vee, DAT
i » regulations for travellers entering. Rules, 1907 way ae vey ee
Licence to enter.
No. 4 of 1904, Sec. 4... es oe ie es bes see ae we 288
Period of. Notice, 1907 ate word ede eas ag ses aid o.. 242
See Licenoges, Travellers.
PALANGO.
Assistant District Commissioner authorised to hold British Native Courts. Notice, 1909 36
PARDON OF OFFENDERS.
U. O. C., 1902, Art. 8... eas re a a vac a ae aes .. 888
PASSES.
Customs Gate Passes, power to levy fees and charges for. No. 9 of 1902 ies w. 244
Re-export, power to levy fees and charges for. No. 9 of 1902 sibs aps as we. 244
Road. See notel ... iiss as fe oi ov ao aes ote sas we 248
PASSPORTS, see note 1 wae ae ane inte as Sie ‘is as ties we 183
PATENTS, see note 1 ... a Les ae bie ies jr sales Pye hes 121, 503
PENAL CODE. See Criminan Law.
PENAL SERVITUDE
Imprisonment with hard labour may be substituted for ... ths sid a3 wi 122
PENALTIES.
Remission of. U.O.C., 1902, Art. 9 ... se aide ye es wa seek .. 888
PETROLEUM.
No. 15 of 1899. Order applying THE INDIAN PETROLEUM ACT, 1899 sa 129, 581
Kerosene,
Expected arrival of at Entebbe Port to be notified to Port Officer. No.3 of 1905,Sec.7 314
Included in term Petroleum, sce note 1 ... aes wes ae igh ons a. 581
Storage in townships. See TowNsHIPs.
PLAGUE PREVENTION. See DiszaseEs.
PLANTS.
No. 2 0f 1908. THE IMPORTATION OF PLANTS ORDINANCE, 1908 ... ae .. 458
No. 5 0f 1908. THE UGANDA COTTON ORDINANCE, 1908 aie es eas «. 456
* Cotton and distribution of seed. Rules, 1909 ... me wee dee aa ss we 457
,», Importation of cotton seed prohibited without permission. Notice, 1908... sets LOTT
», And rubber seeds, road and wharfage dues on. Proclamation, 1908 ean ww» 285
», To be destroyed after first crop. Rules, 1909 si ais ae esis we ABT
67
1046 Index.
PAGE
PLANTS—continued.
Cotton to be grown from Government seed only. . Rules, 1909 ... age or we 457
,, Hand gins, registration of, etc. Rules, 1909 ... tis ase oes ve «458
Entebbe a port of entry for. Proclamation, 1908 ee ists ais er oe w+ 456
Fumigation of imported plants. No. 2 of 1908 a ais be aes os ve 458
PLEADERS. See Lecat Pracririoners. .
POISONS.
No. 9 of 1902. THE POISONS REGULATIONS, 1902 _... oe Ses wee +» 562
Certain District Commissioners to be eg for purposes of No. 9
of 1902. Notices, 1907-1909 ae ‘ bed as ise sls wes 150-151
Licences to deal in. No. 9 of 1902 and Rules, 1903. vee ate ais sins 562, 564
Offences relating to, see note 1 ... aia fe a8 ants nis ae is «. 562
Penalties for breach of Regulations, see note 2 oa di 30d wie sine ve» 562
Sale of. No. 9 of 1902, and Rules, 1903 sos woe ui — a sis 562, 564
POLICE.
No. 1 of 1908. THE UGANDA POLICE ORDINANCE, 1908 ... ae aus .. 167
Appointment of special police from among imbabitantes Ney 1 of 1908, Sec. 86 . .. 197
Cantonment. See MILiTary.
Conduct of prosecution by police officer. No. 1 of 1908, Sec. 34 ... st ee wee 175
Constitution and Government. No. 1 of 1908, Secs. 3-7... ee es ae 168-16S
Command of, in case of active service. No. 1 of 1908, Sec. 18 ... us ee ex ANG
Credit to ise aes sie vei ote exe see as are ae wa .. 198
Death, in custody of, enquiry into, see note 1 . aes wn wes : 167
Debts, proclamation to be made by Civil Officer ae Hee are not aly bai pay
or by arrest as ; i ae ‘ E 193
Decorations not part of ge cadll estate af wisi as an “oe nae aa 204
Deserters, apprehension and punishment. No. 1 of 1908, Sec. 57 ... see ai ‘183. 184
= money or property of, how disposed of. No. 1 of 1908, Sec. 105 ... «. 204
Discipline. No. 1 of 1908, Secs. 51-65 ... ie so0 BE lee ee 181-189
Enforcement of civil contracts. No. 1 of 1908, Sees. “T4417 ssid ints ca 192-193
Enlistinent, discharge and service. No. 1 of 1908, Secs. 36-50 ee eats a 175-181
Gratuities ti ae ile Te ane sea siti i .. 179
Identification of prisoners. “ih 10 ) of 1908... eos ws sia i ae w 205
In the exercise of their duties, not subject to Sleeping Bice Ruled, “Rule 28 .. 558
Inspection of licences. No. 1 of 1908, Sec. 29 ... Sed ee Si wae sea w. 174
Information, evidence not compulsory re source of. No. 11 of 1909, Sec. 126 ... we «94
Law applicable to. No. 1 of 1908, Sec. 51... ao: he we ae ace - 181
Medals and decorations, not part of personal estate of. No. 1 of 1908, Sec. 104 w. 204
Military Law, when subject to. No. 1 of 1908,-Sec. 51 a ta aed a .. 181
Offences and penalties in matters respecting the force:
Arms, unlawful possession of. No. 1 of 1908, Sec. 69 ... a ast iste .. 190
Harbouring. No. 1 of 1908, Sec. 68... eg be pe wr swe we ave 190
Inducing to desert. No. 1 of 1908, Sec. 66 aie bid a sue sis wo. 189
Inducing to mutiny. No. 1 of 1908, Sec. 67 ds Sis aes wise coe «= 189
Personating. No. 1 of 1908, Sec. 70.. ae aan ace dea toe sit - 190
Power to arrest without warrant. See note 1 oa 33 se es i 167
3 a és a for certain offences on toad, etc., in mseltan. No. | 1
of 1908, Sec. 94 ... 2a wks nits aie 199
sa +9 Be sg for importation or possession of native figs 3 in
certain places. No. 10 of 1906, Sec. 8 a w. 577
5 sy Pe ee persons refusing to be medically examined, etc., for
Sleeping Sickness. Rules, 1909 ia ae .. 558
” ” ” ” vagrants. No. 2 of 1909, Sec. 3 a ks - 604
Lndex.
1047
POLICE—continued.
Power to enter premises in townships. Township Rule 4. Rules, 1903
», to search and seize under The Ostrich Ordinance. 1909
», to search bundles, etc. No. 1 of 1908, Sec. 27
Powers and duties of. See note 1 so oe wa Sas
Prosecutions, conduct of by police officers. No. 1 of 1908, Sec. 34.
Provisions of Ordinance, unless ss ea do not affect power of Magistrates, No. 1 a
"1908, Sec. 8
°
PAGE
289
492
174
167
176
169
Quartering additional ites | in Sehatied 4 or dinaooees district and recovery ry cost of.
No. 1 of 1908, Sec. 83
Registration
Of servants, Entebbe. Rules, 1908
Regulation
Of assemblies and processions. No. 1 of 1908, Sec. 89 ...
For traffic, rule of the road. Notice, 1908
Special
Appointment of. No. 1 of 1908, Sec. 86
Protection at request of eulbaduales cost of, how feeseuiae: No. 1 of 1908,
Sec. 81
Protection found necessary bs Inspector Genaal in certain cases. “Cost of, how
recoverable. No. 1 of 1908, Sec. 82 ;
Succession, special rules of, for. No. 1 of 1908, Secs. "98. 104
Unclaimed property, to take charge of. No. 1 of 1908, Sec. 78 ...
Uniforms
Wills. No. 1 of 1908, “aaa. 98, et seq.
POLL TAX. See Fees.
PORTERS. See Lagour.
PORTS. See Customs and ENTEBBE.
POSTAL.
No. 15 of 1903. THE UGANDA POST OFFICE ORDINANCE, 1903
Detention of parcel mails on account of infectious disease ...
Foreign Money Orders.
Rules, 1906 aa ae
Postage, rates of. Notice, 1907
a rules. Notice, 6th Oct., 1903 as he sel
Post, scale of weights, terms and conditions. Rules L-LV., 1903
General,
Certificate of delivery of registered postal article. Rules III.-IV.
Certificate of posting. Rule II.
Mails on infected or suspected ships ‘
Power of sender to recall articles once posted. Rule I.
Registration of postal articles, fee for
Undelivered postal articles. Rule VI.
Imperial.
Postal Orders. Rules, 1906 5
4 », for inland remittances, see note 4
Importation of plants by post. No. 2 of 1908, Sec. 11
Inland Post
Book packets. Rules, X.-XV., 1903
Inland Money Order. Rules XLV.-XLIX., 1903 .
Parcels. Rule XX.-XXVIII., 1908 ...
ae
67a
194
309
198
204
197
194, 197
194, 197
201-204
193
882
201
329
331
». 830
3827-828
319
819
543
318
330
820
829
326
455
320-321
326-327
323-324
1048 Index.
POSTAL—continued.
Inland Post—continued.
Pattern and sample packets. Rules XVI.-XIX., 1903
Post-cards. Rules VII.-IX., 1908 sae
Prepayment of postage. Rules XXIX.-XXXI., 1903 .
Redirection of postal articles. Rules XXXVIII.-XLII., 1903...
Registration of postal articles. Rules XXXII.-XXXVII., 1903
Registered newspapers. Rules XLIII.-XLIV., 1903
Offences relating to fictitious stamps for postal purposes, see note 1
Parcel rates
To countries with which there is no direct exchange. Notice, 1909
Egypt. Notice, 1908 ie
German East Africa. Notice, 1908
India. Notice, 1905
Nyasaland. Notice, 1905
South Africa. Notice, 1907
United Kingdom. Supplementary. Notice, 1906
,, Zanzibar. Notice, 1905 was ws
Production of letters, etc., by order of Court. Note 1
PRESERVATION of Order by Night. See Townsuips.
PREVENTION
Of disease. See DisEAsEs.
PRISONS AND PRISONERS.
’
No. 10 0f1908. THE UGANDA IDENTIFICATION OF PRISONERS ORDINANCE,
No. 9 of 1909. THE UGANDA PRISONS ORDINANCE, 1909
Cleanliness. No. 9 of 1909, Secs. 65-68 .
Constitution of Prison Officers. No. 9 of 1909, Secs. " 13
Declaration of prisons. Notices, 1909 é
Deaths in, procedure on. No. 9 of 1909, Secs. 28- 29°
Duties of Prison Officers. No. 9 of 1909, Secs. 14-42
Medical Officer, duties of
Offences
PAGE
822-323
820
324
325
324
326
316
334
333
334
332
832
333
333
332
316
205
206
-. 218
207-209
237
ss 212
209-215
213
In relation to, introducing prohibited articles and communication. No. 9 of 1909,
Secs. 95-97 é
No. 9 of 1909, Sees. 98-107
By Sub-Officers of. Secs. 108-111 ...
Officers,
Power to summon witnesses
Use of arms by. No. 9 of 1909, Bue, 16
Prisoners,
Admission and removal of. No. 9 of 1909, Secs. 48-53
The Colonial Prisoners Removal Act, 1884, applied
Commutation of sentence
Death of. No. 9 of 1909, Secs. 28 and 29.
Deportation of convicts
Diet. No. 9 of 1909, Secs. 72-75
Discipline of. No. 9 of 1909, Secs. 54-61 ...
Execution of. No. 9 of 1909, Sec. 64 :
Food, clothing, etc., of civil and unconvicted. No. 9 ee 1909, faalic: 69- o-71 .
Gratuities to. No. 9 of 1909, Sec. 58
see 225
225-230
231-233
237
209
215
164
888
212
-» 164
219-221
217
218
219
216
Index. 1049
PAGE
PRISONS AND PRISONERS—continued.
Prisoners—continued.
Identification of. No. 10 of 1908 ... sat aoe sie ae “ee 42a w. 205
Labour. No. 9 of 1909, Secs. 77-81 avis ao va ass sie 221-222
Licences to be at large. No. 9 of 1909, Secs. 14. 120 Ss sia his she 234-235
Military. No. 8 of 1902, Secs. 45 and 46... wie aa es ais ia 845-846
Pardon... aes awe wae tae ie wee i ees se 7 .. B88
Remission of sentence P 0 eae ie "228-9 224, 888
Removal from Uganda to United ghind or acento: “Order i in ice: 1907 164, 916
Safe custody of. No. 9 of 1909, Secs. 112-113 ... ics See seh sae saw “SBA.
Under sentence of death. No. 9 of 1909, Secs, 62-64 ... ae wae oe « §=218
Vagrants. No. 2 of 1909, Sec. 5 ... ais aus aia es sas sige -» 604
Visits to. No. 9 of 1909, Secs. 82-86 pee nae a koe bag ls wee 222
Weighing of _... se se aes ae ae wt rc ar as ve 221
Visiting Justices. No. 9 of 1909, Secs. 87 to 89 See ee aoe sis sii ve 228
ay ro Entebbe and Kampala. Notice, 1909 See sa dine eae ven DON
See DEporTATION and REMOVAL.
See WHIPPING.
PROBATE. See Succession.
PROCLAMATIONS.
Publication of, U. O. C., 1902, Art. 11 ... is sighs dite ope aes oe .. 888
PRODUCE.
No. 4 of 1901. THE ADULTERATION OF PRODUCE REGULATIONS, 1901... w. 659
Adulteration of milk. Townships Rules, 1903 ... on3 or ma te ats «. 803
Informers, payment of part of penalty to... eee Suis na aie wes sie - =561
PROVINCES ee iy ai is det va “ee ie oe his 885, 897
PROVINCIAL COMMISSIONER ews ey see ai ya soe os ane we =LS9
PUBLIC SERVANTS. See Orricers.
PUNISHMENT.
No. 16 of 1899. ORDER re PENAL SERVITUDE, Erc. ... a aan 222
No. 1 of 1909. THE COLLECTIVE PUNISHMENT ORDINANCE, 1909 ie .. 126
No. 12 of 1909. THE SENTENCE OF DEATH (CHILDREN) ORDINANCE, 1909 ... 127
Collective,
No. 1 of 1909 ... ins 33s es sits es ue ane ee ane «. 126
Enquiry before imposition. No. 1 of 1909, Secs. 2 and 6 ak ie wis 126-127
Fines how recoverable. No. 1 of 1909, Sec. 5... lots se cites find - 126
Commutation of sentences a : pee ... 8838
Death sentences by British Native cauees 6 be cena - High dana. mea 21
ss », by High Court to be confirmed by Governor. U. 0. C., 1902, Art. al. 392
‘3 »» not to be pronounced on children under 16 . ‘ae ‘ 6% se 127
Imprisonment with hard labour may be substituted for anal eepavate or islpaaaien 122
In default of fine (Sec. 65 Penal Code, varied in certain cases). No. 1 of 1908, Sec. 96 200
Of offences when no penalty specified in King’s Regulations under A. O. C., 1889 .. 128
Pardon or remission by Governor. U.0O.C., 1902, Arts. 8 and 9... ine ian .. 888
Military, execution of sentences. No. 8 of 1902, Secs. 45-47... Aas aa tis 845-847
Remission
By Governor wee eae ate see iis aes ... 888
May be earned. No. 9 es 1909, Secs. 90- ve Fai as ies hy nt 223-224
See DEPORTATION and WHIPPING.
1050 Index.
QUARANTINE. See Distases, Infectious.
RAILWAYS.
No. 6 of 1898. Regulations applying THE INDIAN GENERAL RULES FOR oreN
LINES OF RAILWAY
PAGE
340
No. 15 of 1899. Order applying THE INDIAN ‘GENERAL RULES FOR OPEN | ‘LINES
OF RAILWAY, with moditications
No. 2 of 1906. THE RAILWAYS (AMENDMENT) ORDINANCE, 1906
Limitation of Railway liability on Lake Victoria. No. 2 of 1906
RATES. See Fees.
REGISTRATION IN TOWNSHIPS.
Of bakeries. Rule 105
», dogs. Rule 76 new ‘a
», laundries and washermen. Rules, 110-112
», market stall holders. Rule 92
», servants. Rules, 1908
To be annual. Rule, 1903 ee ee
REGISTRATION OF ARMS. See Axms, Registration.
REGISTRATION OF BIRTHS AND DEATHS.
129, 840
340
340
303
- 3800
308-304
302
309
306
No. 18 of 1904. THE BIRTHS AND DEATHS REGISTRATION ORDINANCE, 1904 676
Collector,
Commissioner may appoint public officer to perform duties of. No. 18 of 1904,
Sec. 17 dem be es ie on ee -. 680
To make entries in Register. No. 13 of 1904, Secs. 1 and 8 676-677
Commencement of Ordinance. No. 13 of 1904, Notice, 1904 688
Fees, power to prescribe. No. 13 of 1904, Sec. 19 681
Fees. Second Schedule. Rules, 1904 wha ae sit -. 687
Of persons of eee eee or Asiatic origin or me compulsory. Order,
1906 as — e ee a 688
Register, forging of, note 1 one es ve ask ane «. 676
Register to be kept in every district. No. 13 of 1904, Secs. 1 and 8 676-677
Registrar General of. Comunissioner to appoint. No. 13 of 1904, Sec. 12 678
Rules, 1904 mi a oe sd 682
REGISTRATION of Canoes. See Diszasus, Sleeping Sickness.
», Cotton hand gins a6 ‘ 458
REGISTRATION of Divorces, Muhammadan. See Drvorcz.
REGISTRATION OF DOCUMENTS.
No. 3 of 1904. THE UGANDA REGISTRATION OF nese eine ORDINANCE,
1904 aie 509
No. 8 of 1904. THE UGANDA BECTSENATION OF SOE eNs AMENDMENT
ORDINANCE, 1904 ... . 517
No. 4 of 1905. THE REGISTRATION OF DOCUMENTS ‘ORDINANCE, 1905 - 517
Affecting land.
No. 4 of 1897, Sec. 6 (as amended by No. 3 of 1904, Sec. 40) 362, 516
gar pager under No. 4 of 1897 need not be re- ee under No. 3 of 1904. No.
4 of 1905, Sec. 38 ‘ . 518
No. 3 of 1904 not to apply to abinacaes ioneieee eile fis Registration of Land
Titles Ordinance, 1908... 396
(Compulsory). No. 8 of 1904, ae 4 as sie ne «=. 510
Provisional certificates of claim to native eta -owners exempt from registration.
Copies to be filed in the Land Office. No. 4 of 1905, Sec. 2 Sa oe 517
Where to be registered. No. 8 of 1904, Sec. 11
wee «= =511
Index.
REGISTRATION OF DOCUMENTS—continued.
Commencement of No. 3 of 1904
Fees.
Rules, 1904 and 1905
Rule, 1909
Registration Districts and Sentdivens, Orders, 1904 and 1905, and Notice, 1907
When compulsory. No. 38 of 1904, Sec. 4
» optional. No. 3 of 1904, Sec. 5
REGISTRATION
Of Land Titles. See Lanp.
“ Marriages, Generally. See Manriace.
si 3a Muhammadan. See MarniaGe.
“i ap Native. See Marriace.
»» Mining leases. See MINING.
>» Newspapers, for posta] purposes. See Posrau (Inland Post).
», Ostrich farmers ani
»» Postal articles. See Postau.
»» Telegraph addresses. Rules, 1906
», Vessels. See VESSELS.
REGULATIONS,
Publication of. U. O. C., 1902, Art. 11
REMOVAL. See Deportation.
REVENUE-OFFICER,
Not bound to disclose source of information, re offence
RIGHTS of Way
On Crown lands. Rules, 1905, Rule 11
»» Mailo land in Buganda. The Land Law, 1908
RIOTS, Etc.
Compensation to inhabitants for damage done during shi etc., in certain cases.
of 1908, Sec. 84 Pe 2s tie oe ais
For use of military force in suppressing unlawful erent, see note |
RIVERS.
No. 2 of 1907. THE UGANDA RIVERS ORDINANCE, 1907
Collector, Gondokoro, may issue stcamer licences. Notice, 1908
Dredging
In certain rivers prohibited except under licence. No. 2 of 1907, Sec. 5
Licence. No. 2 of 1907, Secs. 5 to 9
Injuring uw navigable river, see note 1
Nile and Victoria Nile, extent of, to which Geiiuaiiss assis Proclamation, 1909
No. 1
518-520
w. 899
181, 520
337
8838
94
376
973
195
816
343
343
342
348
Ordinance No. 2 of 1907 applied to the Nile, the Kafu, the Victoria Nile, the Turkwell,
the Semliki, the Assua, the i a the nap eens the eee and the pas No.
2 of 1907, Schedule I.
Traffic on rivers, power to make salle
ROADS.
Dues, No. 4 of 1902
Erection of building, etc., near, on en land outside towns and ities. Rules, 1905 376
” ” ” in townships. Rules 49 et seq., and 61
Maintenance of. The Uganda Agreement, Clauses 12 and 14
Offences on, in townships, etc.
Passes, see note 1
845
B44
283
297, 298
958, 960
199, 305
243
1052 Index.
ROADS—continued.
Power of Commissioner of Mines to lay out on public fields. No. 5 of 1902, Sec. 34
Processions, etc., police regulation of. No. 1 of 1908, Secs. 89-93
Rule of the road.
Notice, 1908 - bee vice ae ia es
On land or sea, judicial notice of. No. 11 of 1909, Sec. 55
Street music, regulation of. No. 1 of 1908, Sec. 89 ah wi
Use of barbed wire abutting upon roads and paths in townships. Rules, 1907
User of old, in Buganda. The Land Law, 1908, Sec. 2 (h)
See Townsuips, Street.
ROYALTIES. See Minine.
RUBBER. See Forestry, PLAnts AND TRADE.
RULES
Power to make includes power to rescind, revoke, amend or vary
RULES OF COURT. See Courts, Rules of.
SALT DEPOSITS.
In Ankole and Toro, the property of the Crown. Art. 4 of the Agreements
SAVINGS BANK.
No. 4 of 1907. THE UGANDA TREASURY SAVINGS BANK ORDINANCE, 1907
No. 20 of 1909. THE UGANDA TREASURY SAVINGS BANK (AMENDMENT)
ORDINANCE, 1909 dap aes
Amount which may be withdrawn on production of deposit book. Rule, 1909
Amounts which may be deposited
Commencement of Ordinance. Notice, 1907
Established at
Fort Portal. Notice, 1909
Jinja. Notice, 1907 eas
Entebbe and Kampala. Notice, 1907
Rate of interest. Notice, 1907 ...
Rules, 1907 a
Stamp Duty, exemptions from
SEAL.
Commissioner’s seal. U. O. C., 1902, Art. 5
Court of Appeal... wis sin sie
High Court. U. 0. C., 1902, Art. 15 (4)
Land Office. No. 17 of 1908 on aa sat
Judicial notice of. No. 11 of 1909, Secs. 55 and 56 ...
SEAMAN,
Foreign deserters. See VESSELS.
SECRETARY OF STATE.
Interpretation of term. U. 0. C., Arts. 2 and 3 (4)
SEEDS. See Puants.
SENTENCES. See PunisHMents.
SERVANTS. See JuaBour.
Public. See Orricsrs.
SESSE
Canoes coming to mainland to put in at Banga only. Rule 20. Rules, 1908
Registration of canoes at. Sleeping Sickness Rules, 1908
SESSIONS, Courr or. Sce Courrs.
PAGE
-. 409
198
ve «204
71
198
309
973
886
995, 1003
522
528
535, 5386
530, 536
536
537
537
537
537
530
527
887
933
891
399
“1
885-886
552
550
Index. 1053
PAGE
SHEEP. See Townsuirs.
SHIPPING.
Crew and passenger lists. Power to levy fees and charges for sie sh we 243
Merchant Shipping Act, 1894, Part 13, applied by U. O. C., 1902, Art. 13 we 353, 890
See VESSELS. :
SILVERSMITHS. See Broxers.
SLAUGHTER HOUSES. See Townsuires.
Fees... ate aie PAC wie ate ine see aie ks es sae 245, 246
SLEEPING SICKNESS. See Diszaszs.
SMALL POX. See Disgasss, infectious.
SOLICITORS. See Lrecau Pracririoners.
STABLES. See Townsutrs.
STAMP DUTIES.
No. 1 of 1908. THE UGANDA STAMP ORDINANCE, 1903... ans an ws 258
Adhesive Revenue stamps for. Rule, 1908 ... ae ie sie sae wis we 254
Certain District Commissioners to be ene: Sub-Commissioners for purposes of.
Notices, 1907-1909 sats 63 aes a se ee: 150, 151
Indian Stamp Act, 1899, and siemiaets applied bes sis sas a ay we 258
No duty on powers of attorney, receipts, etc., in connection with Savings Bake. 527, 585
No duty on recognisances and bail bonds in criminal cases ... ves vee 175
No transfer duty on value of mineral in land sold. No. 5 of 1902, ‘Bek 59. nate
ae TRAN ORS
ee SPs, ea :
Bi
s
eat
ss,
tae
San
Rae ee
SAC OR to ak Lal LS.
a Ae
Se
OE et A A
eee
CA Sed
ae
ees
irks
peg a Sd Sate
Sat
tee et ace A eae
ete eee
Reh ae ete eeacns
Ri RL OES
Serge
hota
re
ee
EES
ee
os
a
SEE
Sse
ie
ey