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