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MARRIAGE ACT.

ARRANGEMENT OF SECTIONS.

   Section

   1.   Interpretation.

   2.   Constitution of marriage districts.

   3.   Appointment of registrars.

   4.   Offices of registrars.

   5.   Places of worship to be licensed.

PRELIMINARIES TO MARRIAGE.

   6.   Notice of marriage.

   7.   Signature of notice by person unable to write or to understand English.

   8.   Registrars to supply forms of notice free of cost.

   9.   Notice to be entered in Marriage Notice Book and published.

   10.   Registrar to issue certificate on proof of conditions by affidavit.

   11.   Marriage to take place within three months after date of notice.

   12.   Minister's power to grant licence to marry.

   13.   Caveat may be entered against issue of certificate.

   14.   When caveat entered question to be referred to court.

   15.   Removal of caveat.

   16.   Compensation and costs.

CONSENT TO MARRIAGE IN CERTAIN CASES NECESSARY.

   17.   Consent to marriage of minors.

   18.   Signature of consent by person unable to write or to understand English.

   19.   Consent where no parent or guardian capable of consenting.

CELEBRATION OF MARRIAGE.

   20.   Marriage in licensed place of worship by recognised minister.

   21.   Minister not to celebrate marriage if impediment nor without licence, etc.

   22.   Place of celebration of marriage.

   23.   Registrars, etc. to be provided with books of certificates.

   24.   Entries to be made in marriage certificate.

   25.   Signature of certificate in duplicate.

   26.   Marriage in a Registrar's office.

   27.   Marriage certificate to be signed.

   28.   Marriage under Minister's licence.

   29.   Conversion of marriage by customary law into legally binding marriage.

   30.   Facilities for marriages between British subjects resident in Uganda and British subjects resident in England, etc.

REGISTRY AND EVIDENCE OF MARRIAGES.

   31.   Marriage certificates to be registered.

   32.   Correction of clerical errors in marriage certificates.

   33.   Evidence of marriage.

INVALID MARRIAGES.

   34.   Circumstances invalidating marriage.

   35.   Marriages under this Act valid.

   36.   Marriages under customary law.

   37.   Certain expenses to be defrayed from public funds.

EXPENSES AND FEES.

   38.   Fees.

   39.   Fee may be remitted.

   40.   Minister may receive customary fees.

OFFENCES AND PENALTIES.

   41.   Bigamy.

   42.   Marriage with a person previously married.

   43.   Making false declarations, etc. for marriage.

   44.   False pretence of impediment to marriage.

   45.   Unlawfully performing marriage ceremony.

   46.   Wilful neglect of duty to fill up or transmit certificate of marriage.

   47.   Personation in marriage.

   48.   Fictitious marriage.

   49.   Contracting marriage when already married by customary law.

   50.   Contracting marriage by customary law when already married under this Act.

   51.   Forms.

      First Schedule   Forms.

      Second Schedule   Fees.

CHAPTER 251
MARRIAGE ACT.

Commencement: 1 April, 1904.

   An Act to make provision for marriages.

1.   Interpretation.

   In this Act, unless the context otherwise requires—

   (a)   "district" means a marriage district constituted under this Act;

   (b)   "registrar" means a registrar of marriages, and includes a deputy registrar when acting as registrar;

   (c)   "Registrar General" means any officer appointed to act as Registrar General for the purposes of this Act.

2.   Constitution of marriage districts.

   The Minister shall, by statutory order, divide Uganda into districts for the purposes of this Act, herein referred to as marriage districts, and may, from time to time by like order, alter the marriage districts, either by alteration of boundaries or by union or subdivision of districts, or by the formation of new districts.

3.   Appointment of registrars.

   (1) The Minister 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.

   (2) For the purposes of this section, absence means absence from the place at which, as provided by section 4, the office of the registrar is situate.

4.   Offices of registrars.

   Every registrar shall have an office at such place in his or her district as the Minister shall from time to time direct.

5.   Places of worship to be licensed.

   The Minister may license any place of public worship to be a place for the celebration of marriages, and may at any time cancel such licence, and in either case he or she shall give notice thereof in the Gazette.

PRELIMINARIES TO MARRIAGE.

6.   Notice of marriage.

   Whenever 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 is intended to take place a notice in Form A in the First Schedule to this Act.

7.   Signature of notice by person unable to write or to understand English.

   If the person giving the notice of marriage is unable to write or is insufficiently acquainted with the English language, or both, then it shall be sufficient if he or she places his or her mark or cross to the notice in the presence of some literate person who shall attest to it, which attestation shall be in Form B in the First Schedule to this Act.

8.   Registrars to supply forms of notice free of cost.

   Every registrar shall supply forms of notice gratuitously to any persons applying for them.

9.   Notice to be entered in Marriage Notice Book and published.

   (1) Upon receipt of a marriage notice the registrar shall cause it to be entered in a book to be called the "Marriage Notice Book" which may be inspected during office hours without fee.

   (2) The registrar shall also publish the notice by causing a copy of it to be affixed on the outer door of his or her office, and to be kept exposed there until he or she grants his or her certificate under section 10, or until three months have elapsed.

10.   Registrar to issue certificate on proof of conditions by affidavit.

   (1) The registrar, at any time after the expiration of 21 days and before the expiration of three months from the date of the notice, upon payment of the prescribed fee, shall thereupon issue his or her certificate in Form C in the First Schedule to this Act; except that he or she shall not issue the certificate until he or she has been satisfied by affidavit—

   (a)   that one of the parties has been resident within the district in which the marriage is intended to be celebrated at least 15 days preceding the granting of the certificate;

   (b)   that each of the parties to the intended marriage (not being a widower or widow) is twenty-one years old, or that, if he or she is under that age, the consent hereafter made requisite has been obtained in writing and is annexed to the affidavit;

   (c)   that there is not any impediment of kindred or affinity, or any other lawful hindrance to the marriage;

   (d)   that neither of the parties to the intended marriage is married by customary law to any person other that the person with whom such marriage is proposed to be contracted.

   (2) The affidavit required by subsection (1) may be sworn before the registrar or before a magistrate.

   (3) The registrar or magistrate taking the affidavit required by subsection (1) shall explain to the person making it the prohibited degrees of kindred and affinity and the penalties which may be incurred under other provisions of this Act.

11.   Marriage to take place within three months after date of notice.

   If the marriage shall not take place within three months after the date of the notice, the notice and all proceedings consequent on it shall be void; and fresh notice must be given before the parties can lawfully marry.

12.   Minister's power to grant licence to marry.

   The Minister, upon proof being given to him or her by affidavit that there is no lawful impediment to the proposed marriage, and that the necessary consent, if any, to the marriage has been obtained, may, if he or she shall think fit, dispense with the giving of notice, and with the issue of the certificate of the registrar, and may grant his or her licence, which shall be according to Form D in the First Schedule to this Act, authorising the celebration of a marriage between the parties named in that licence by a registrar, or by a recognised minister of some religious denomination or body.

13.   Caveat may be entered against issue of certificate.

   Any person whose consent to a marriage is required by this Act, 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 its issue the word "Forbidden" opposite to the entry of the notice in the Marriage Notice Book, and appending to the word his or her name and place of abode, and the grounds upon or by reason of which he or she claims to forbid the issue of the certificate; and the registrar shall not issue his or her certificate until the caveat shall be removed under sections 14 to 16.

14.   When caveat entered question to be referred to court.

   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 thereupon summon the parties to the intended marriage, 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 or her certificate, and shall hear and determine the case in a summary way, and the decision of the High Court shall be final.

15.   Removal of caveat.

   (1) If the High Court decides that the certificate 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 the Marriage Notice Book, immediately below that entry and cancellation, the words "Cancelled by order of the High Court" and signing his or her name to the removal of the caveat.

   (2) The registrar shall then issue his or her certificate and the marriage 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 10.

16.   Compensation and costs.

   The High Court may award compensation and costs to the party injured, if it appears that a caveat was entered on insufficient grounds.

CONSENT TO MARRIAGE IN CERTAIN CASES NECESSARY.

17.   Consent to

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