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Oaths Act

Chapter 21

Oaths Act
Citation
Chapter 21
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Uganda

Oaths Act

Chapter 21

  • Commenced on 9 October 1963
  • [This is the version of this document at 31 December 2023.]
  • [Note: This legislation was revised and consolidated as at 31 December 2000 and 31 December 2023 by the Law Reform Commission of Uganda. All subsequent amendments have been researched and applied by Laws.Africa for ULII.]
An Act to provide for the regulation of the taking of oaths and for related matters.[Cap. 52 (Revised Edition, 1964); S.I. 135/1968; S.I. 27/1973; Constitution of 1995, Articles 15, 81, 82, 98, 111, 115, 149; Act 10/2000, s.13; Cap. 19 (Revised Edition, 2000)]

1. Oaths to be taken

The oaths which shall be taken as occasion shall demand shall be the oaths set out in Schedule 1 to this Act.

2. Officers to take oaths

A person appointed to an office set out in the second column of Schedule 2 to this Act shall take the oath specified in the first column of the Schedule which shall be administered by the authority specified in the third column of the Schedule.

3. Unnecessary repetition of Oaths

(1)A person who has duly taken the Oath of Allegiance or the Judicial Oath in Uganda as provided in this Act shall not be required again to take that oath on appointment to any other office or on any other occasion.
(2)A person appointed to act in any office or capacity in the place of any other officer or person shall not be required to take any oath on the occasion of that appointment, unless the oath required to be taken in respect of that appointment is different from or in addition to any oath duly taken by that person in respect of any other appointment, permanent or temporary.

4. Omission to take oath or make affirmation

Nothing in this Act shall render, be deemed to render or be deemed to have rendered invalid any act done or which hereafter may be done by a public officer in the execution or intended execution of his or her official duties by reason only of the omission by the public officer to take any oath or to make any affirmation which the officer should take or should have taken or should make or should have made; except that any person who declines, neglects or omits to take the required oath or make the required affirmation under this Act shall—
(a)if he or she shall have already entered on his or her office, be deemed to have vacated that office from the date of refusal; and
(b)if he or she shall not have already entered on his or her office, be disqualified from entering on the office.

5. Form and manner in which oath may be taken

(1)Whenever any oath is required to be taken under the provisions of this or any other Act, or in order to comply with the requirements of any law in force for the time being in Uganda or any other country, the following provisions shall apply, that is to say, the person taking the oath may do so in the following form and manner—
(a)he or she shall hold, if a Christian, a copy of the gospels of the four evangelists or of the New Testament, or if a Jew, a copy of the Old Testament, or if a Moslem, a copy of the Koran, in his or her uplifted hand, and shall say or repeat after the person administering the oath the words prescribed by law or by the practice of the court, as the case may be;
(b)in any other manner which is lawful according to any law, customary or otherwise, in force in Uganda.
(2)For the purposes of this section, where a person taking the oath is physically incapable of holding the required copy in his or her uplifted hand, he or she may hold the copy otherwise, or, if necessary, the copy may be held before him or her by the person administering the oath.

6. Place and date of oath

Every commissioner for oaths or notary public before whom any oath or affidavit is taken or made under this Act shall state truly in the jurat or attestation at what place and on what date the oath or affidavit is taken or made.

7. Absence of religious belief

Where an oath has been duly administered and taken, the fact that the person to whom it was administered had, at the time of taking the oath, no religious belief, shall not for any purpose affect the validity of the oath.

8. Affirmation

A person who objects to the taking of an oath and desires to make an affirmation in lieu of the oath may do so without being questioned as to the grounds of that objection or desire, or otherwise; and in any such case, the form of the required oath shall be varied by the substitution for the words of swearing, the words, “I solemnly, sincerely and truthfully affirm that....”, and such other consequential variations of form as may be necessary shall thereupon be made; except that in any case where the Oath of Allegiance is taken, for the words “truthfully affirm” in this section there shall be substituted the words “truly declare and affirm”, and the words “So help me God” shall be omitted.

9. Persons under age

(1)Notwithstanding sections 1 to 8, if it appears to a court or officer before whom an oath other than a promissory oath is to be taken or affirmation other than a promissory affirmation is to be made that the person about to take the oath or make the affirmation ought not—
(a)by reason of immature age; or
(b)for any other sufficient cause,
to be allowed to take the oath or make the affirmation as aforesaid, the court or officer may, if the court or officer in its or his or her free discretion so thinks fit, allow that person, in lieu of taking the oath or making the affirmation, to give evidence or make a declaration without oath or affirmation.
(2)In any case falling within subsection (1), the court or officer shall enter in the minutes of the proceedings or on the instrument or document concerned, as the case may be, a note of the fact of the evidence or declaration having been given or made without oath or affirmation, and of the reasons therefor; except that if any person declining or objecting to take an oath shall, in the opinion of the court or officer, as the case may be, be competent to make an affirmation, that person shall, on the court or officer so directing him or her, thereupon make an affirmation as provided by section 8.

10. Corroboration

A person shall not be convicted or judgment given upon the uncorroborated evidence of a person who shall have given his or her evidence without oath or affirmation.

11. Authority to administer oaths

(1)The Chief Justice, a judge of the High Court, the chief registrar of the High Court, a magistrate, a notary public and any commissioner for oaths may administer any lawful oath or take any lawful affirmation or affidavit which may be required to be taken or made for the purpose of complying with the requirements of this Act or of any law for the time being in force in Uganda or elsewhere, except where such procedure is expressly or by necessary implication manifestly excluded by the terms of such law as aforesaid; and the presumption shall be against any such exclusion.
(2)The registrar of any court and the officer performing the duties of registrar in any court may, with the approval, and subject to the supervision and control of the person presiding over the court, administer or tender to any person about or intending to give evidence before that court any oath, affirmation, or declaration which that person may require or be required to make before that court.

12. Taking oaths out of Uganda

(1)Any oath or affidavit required for any court or matter in Uganda, or for the purpose of the registration of any instrument in any part of Uganda, may be taken or made in any place out of Uganda before any person having authority to administer an oath in that place.
(2)In the case of a person having such authority otherwise than by the law of a country out of Uganda, judicial and official notice shall be taken of his or her seal or signature affixed, impressed or subscribed to or on any such oath or affidavit.

13. Powers of Uganda officials abroad

(1)Every Uganda official of the rank of secretary or above in a Uganda embassy or legation or consulate may, in any country where he or she exercises his or her functions, administer any oath and take any affidavit and also do any notarial act which any notary public can do within Uganda.
(2)Any oath, affidavit and notarial act administered, sworn or done before any such person shall be as effectual as if duly administered, sworn or done by or before any lawful authority in any part of Uganda.
(3)Any document purporting to have affixed, impressed or subscribed on it or to it the seal or signature of any person authorised by this section to administer an oath, in testimony of any oath, affidavit or act being administered, taken or done by or before him or her shall be admitted in evidence without proof of the seal or signature of that person, or of the official character of that person.

14. Additional oaths

(1)The President may, in writing, require the holder of any office to take or affirm the Judicial Oath or the Oath of Allegiance.
(2)The President may, by statutory instrument, amend Schedules 1 and 2 to this Act and may, by the same or any other statutory instrument, make regulations providing that this Act shall apply in relation to persons who are not citizens of Uganda subject to such modifications as may be prescribed by the regulations.

Schedule 1 (Sections 1, 14(2))

Oaths to be taken

Oath of President/Vice President

I, ____________________, swear in the name of the Almighty God/solemnly affirm that I shall faithfully exercise the functions of the President/Vice President of Uganda and shall uphold, preserve, protect and defend the Constitution and observe the laws of Uganda and that I shall promote the welfare of the people of Uganda. (So help me God.)

Oath of Allegiance

I, ________________________, swear in the name of the Almighty God/solemnly affirm that I will be faithful and bear true allegiance to the Republic of Uganda and that I will preserve, protect and defend the Constitution. (So help me God.)

Cabinet Oath

I, ________________________, being appointed a member of the Cabinet, swear that I will not directly or indirectly reveal such matters as shall be debated in the Cabinet and committed to my secrecy. (So help me God.)

Oath of Minister

I, ____________________, being appointed a Minister of Uganda, swear in the name of the Almighty God/solemnly affirm that I will at all times well and truly serve the Republic of Uganda in the office of a Minister; and that I will support and uphold the Constitution of the Republic of Uganda as by law established; and that I will to the best of my judgment at all times when required, freely give my counsel and advice to the President of Uganda and his/her successors in office as by law established for the good management of the public affairs of the Republic of Uganda; and that I will not directly or indirectly reveal any matters as shall come to my knowledge in the discharge of my duties and committed to my secrecy. (So help me God.)

Judicial Oath

I, ____________________, swear in the name of the Almighty God/solemnly affirm that I will well and truly exercise the judicial functions entrusted to me and will do right to all manner of people in accordance with the Constitution of the Republic of Uganda as by law established and in accordance with the laws and usage of the Republic of Uganda without fear or favour, affection or ill will. (So help me God.)

Speaker/Deputy Speaker’s Oath

I, ____________________, swear in the name of the Almighty God/solemnly affirm that I will at all times well and truly serve the Republic of Uganda in the Office of Speaker/Deputy Speaker and that I will support and uphold the Constitution of the Republic of Uganda as by law established. (So help me God.)

Oath of Member of Parliament

I, ____________________, swear in the name of the Almighty God/solemnly affirm that I will give faithful service to this Parliament and support and uphold the Constitution of the Republic of Uganda as by law established. (So help me God.)

Oath of Secretary to the Cabinet

I, being called upon to exercise the functions of Secretary to the Cabinet of Uganda swear in the name of the Almighty God/solemnly affirm that I will not directly or indirectly reveal such matters as shall be debated by the Cabinet and committed to my secrecy. (So help me God.)

Official Oath

I, ____________________, swear that I will at all times well and truly serve the Republic of Uganda in the office of and that I will support and uphold the Constitution of the Republic of Uganda as by law established. (So help me God.)

Oath of Secrecy

I, ____________________, swear that I will not directly or indirectly communicate or reveal any matter to any person which shall be brought under my consideration or shall come to my knowledge in the discharge of my official duties, except as may be required for the discharge of my official duties or as may be specifically permitted by the President. (So help me God.)

Uganda Peoples' Defence Forces Oath

I, ____________________ swear that I will bear true and faithful allegiance to the President, Supreme Commander in Chief of the Uganda Peoples’ Defence Forces, and that I will well, truly and faithfully serve the Government of the Republic of Uganda as by law established and that I will as in duty bound serve in the Uganda Peoples’ Defence Forces and go wherever ordered by air, land or sea and that I will observe and obey all commands of the Government of the Republic of Uganda as by law established and of any officer set over me, even to the peril of my life. (So help me God.)____________________Signature or mark____________________Sworn at ____________________ this ________________________, 20 ______________________.Before me____________Officer

Police Oath

Form A - Oath

I,________________, swear that I will bear true allegiance to the Republic of Uganda and that I will truly and faithfully obey all lawful commands of the Government of the Republic of Uganda as by law established and of any officer set over me, serving in the office of________________________, for the preservation of peace and prevention of crime and the apprehension of offenders against peace in all respects to the best of my skill and knowledge, discharging all duties of the office according to law. (So help me God.)

Form B - Declaration

I, ____________, solemnly, sincerely and truly declare and affirm that I will bear true allegiance to the Republic of Uganda and that I will truly and faithfully obey all lawful commands of the Government of the Republic of Uganda as by law established and of any officer set over me, serving in the office of ____________, for the preservation of peace and the prevention of crime and the apprehension of offenders against peace in all respects to the best of my skill and knowledge, discharging all duties of the office according to law.________________DeclarantAffirmed and declared at ____________________________, this ______________, day of __________, 20__________,.Before me________________Person authorised

Form C - Oath, officers and men of volunteer reserve and special constables

I,________________, swear that I will bear true allegiance to the Republic of Uganda and that I will well and truly serve and obey all lawful commands of the Government of the Republic of Uganda as by law established and that I will faithfully serve in the Uganda Volunteer Police Reserve in the district of ________________. (So help me God.)

Form D - Declaration, officers and men of volunteer reserve and special constables

I,________________, solemnly, sincerely and faithfully declare that I will bear true allegiance to the Republic of Uganda and that I will well and truly serve and obey all lawful commands of the Government of the Republic of Uganda as by law established and that I will faithfully serve in the Uganda Volunteer Police Reserve in the district of ________________.________________DeclarantDeclared at ________________ this ________________ day of ________________ 20________________.________________Officer

Prisons Oath

I,________________, swear that I will bear true allegiance to the Republic of Uganda and that I will truly and faithfully obey all lawful commands of the Republic of Uganda as by law established, and of any officer set over me, and shall subject myself to all Acts of Parliament, orders and regulations relating to the prisons service. (So help me God.)

Court proceedings

Oath of Jurors

I, ________________, swear by Almighty God that I will well and truly try the issue joined between the Republic of Uganda and the prisoner at the bar and give a true verdict according to the evidence.

Oath of Assessors

I,________________, swear by Almighty God that I will well and truly try the issue joined between the Republic of Uganda and the prisoner at the bar and give a true opinion according to the evidence.

Evidence Oath

I,________________, swear by Almighty God that the evidence I shall give shall be the truth, the whole truth and nothing but the truth.

Interpreter’s Oath (Civil)

I,________________, swear by Almighty God that I will well and truly interpret and explain to the court and the witnesses, all such matters and things as shall be required of me to the best of my skill and understanding.

Interpreter’s Oath (Criminal)

I,________________, swear by Almighty God that I will well and faithfully interpret and make true explanation between the court, the assessors/the jury, the witnesses and the prisoner at the bar according to the best of my skill and understanding.

Shorthand Writer's Oath

I,________________, swear by Almighty God that I will, to the best of my ability, take down in shorthand the evidence and such other matters as shall be required of me and make a true and accurate transcript thereof and that I will not, without leave of the court/commission divulge to any person the notes I shall take of the evidence that the witness shall give to the court/commission touching the matters in question.

Voire Dire Oath

I,________________, swear by Almighty God that I will make true answer to all such questions as the court (or as the case may be) shall demand.

Insanity

I,________________, swear by Almighty God that I will diligently inquire and make true presentment for and on behalf of the Republic of Uganda whether the prisoner at the bar who stands indicted for the offence of ________________ is insane or not (or was of sound mind or not at the time of the commission of the offence with which he (or she) stands indicted) and give a true verdict according to the evidence.

Trial of a mute

I,________________, swear by Almighty God that I will well and truly try whether the prisoner at the bar stands mute of malice (or will not answer directly to the indictment wilfully and of malice) or by the visitation of God, and give a true verdict according to the evidence.

Form of Attestation

Declared at ____________________________ in the district of __________________ this __________________ day of __________________, 20____________.Before me____________________________Commissioner for Oaths/Notary Public, etc.

Oath for affidavits

Form A - General form

I, __________________, swear by Almighty God that this is my name and handwriting and that the facts deposed by me in this affidavit are the truth, the whole truth and nothing but the truth.

Form B - Blind or illiterate deponent

I, __________________, swear by Almighty God that the facts deposed by me in the affidavit are the truth, the whole truth and nothing but the truth.

Form of Jurat

(Where the commissioner has read the affidavit to deponent.)Sworn at __________________ in the district of __________________ this __________________ day of __________________, 20 ____________, before me, I having first truly, distinctly and audibly read over the contents of this affidavit to the deponent he (or she) being blind or illiterate and explained the nature and contents of the exhibits referred to in the affidavit in the __________________ language. The deponent appeared perfectly to understand the same and made his (or her) mark (or signature) thereto in my presence.

Form of Jurat

(Where a third person has read the affidavit to deponent.)Sworn at __________________ in the district of ______________________ this ____________ day of ____________________, 20______________, before me, and I certify that this affidavit was read over in my presence to the deponent he (or she) being blind or illiterate and the nature and contents of the exhibits referred to in the affidavit explained to him (or her) in the ____________________ language. The deponent appeared perfectly to understand the same and made his (or her) mark (or signature) thereto in my presence.

Form C

(If the deponent is physically incapable of taking the oath with uplifted hand.)________________ (deponent), is that your mark (signature)? You do swear by Almighty God that the contents of this your affidavit are true?

Form of Jurat

(If the deponent is capable of affixing a distinguishable mark to the affidavit.)Sworn at ________________ in the district of ________________ this ________________ day of ________________, 20________________, before me, ____________________ (deponent) having made his (or her) mark to this affidavit in my presence, he (or she) being physically incapacitated from writing his (or her) name.
________________Commissioner for Oaths

Form of Jurat

(If the deponent is incapable of affixing any distinguishable mark whatever to the affidavit.)Sworn by the above named ____________________(deponent) at ____________________ in the district of ____________________ this ________ day of ________ 20________ without the deponent affixing thereto any mark or signature, he (or she) being physically incapable of so doing.Before me____________________Commissioner for Oaths

Form D - Deaf and Dumb Deponent

Commissioner for oaths should while pointing to signature of deponent to the affidavit ask the deponent:Is that your name and handwriting?On his or her answering by an affirmative gesture the following words should be laid before him or her:You do swear by Almighty God that the contents of this your affidavit are true.

Form of Jurat

Sworn at ____________________ in the district of ____________________ this ____________ day of ____________, 20____________, I first having satisfied myself that the deponent deposed to the facts and affixed his (or her) signature or mark accordingly.Before me____________________Commissioner for Oaths

Form E - Interpreter

I swear by Almighty God that I well understand the English language and the ____________________ language and that I have truly, distinctly and audibly interpreted the contents of this affidavit to the deponent, ____________________ in the ____________________ language and that I will truly interpret the oath about to be administered unto him (or her).

Form of Jurat

Sworn at ____________ in the district of ____________________ this ____________________ day of, ____________________ 20 ____________________, through the interpretation of ____________________ of ____________________, (address) the said ____________________ having first been sworn that he (or she) had truly and faithfully interpreted the contents of this affidavit to the deponent, ____________________, and that he (or she) truly and faithfully interpreted the oath administered to him (or her).Before me____________________Commissioner for Oaths

Vesting Order Proceedings Oath

I,____________________, swear by Almighty God that the statements I shall make for the purposes of a vesting order shall be true statements of fact to the best of my knowledge, information and belief.

Schedule 2 (Sections 2, 14(2))

Persons to take and tender oaths

Nature of oathPerson to take oathPerson to tender oath
Presidential OathThe PresidentThe Vice PresidentThe Chief Justice
Oath of AllegianceThe PresidentThe Chief JusticeThe MinistersThe SpeakerThe Attorney GeneralThe Judges of the High CourtThe Chief of the Defence StaffParliamentary secretariesMembers of ParliamentSuch public officers as may be designated by the PresidentThe Inspector General of PoliceThe President or the Chief Justice or a person authorised by the President or, in the case of the Speaker, the Clerk to Parliament and in the case of members of Parliament, the Speaker or the Clerk to Parliament
Oath of MinisterThe MinistersThe President
Judicial OathThe Chief JusticeThe Deputy Chief JusticeThe Principal JudgeThe Justices of the Supreme CourtThe Justices of AppealThe Judges of the High CourtCommissioners of InquiryThe Chief Registrar and registrars of courtsChief Magistrates, Magistrates appointed under the Magistrates Courts ActSuch administrative officers as exercise judicial functionsSuch other officers exercising judicial functions as the President may by statutory order designateThe President or the Chief Justice or a person authorised by the President
Oath of Speaker/ Deputy SpeakerSpeaker/Deputy SpeakerThe President or a person authorised by the President
Oath of member of ParliamentMembers of ParliamentThe Speaker or the Clerk to Parliament
Oath of Secretary to the CabinetThe Secretary to the CabinetThe President or the person presiding at the first meeting of the Cabinet after the appointment of the person taking the oath
Official OathThe Auditor GeneralMembers of the Public and Judicial Service CommissionsSuch public officers as may be designated by the PresidentSuch other persons holding office or executing official functions as the President may by statutory order designateThe President or a person authorised by him or her
Oath of SecrecySuch public officers as may be designated by the PresidentSuch other persons holding or executing official functions as the President may by statutory order designateHead of a Ministry or a person appointed by him or her
Uganda Peoples’ Defence Forces OathMembers of the Uganda Peoples’ Defence ForcesThe Chief of Defence Staff or any officer authorised by him or her
Police OathMembers of the police forceThe Inspector General of Police or any officer authorised by him or her
Prisons OathMembers of the prisons serviceThe Commissioner General of Prisons or any officer authorised by him or her
Court ProceedingsA witness before a competent court or before a Commission of inquiryClerk of the court or the Secretary to the Commission
AffidavitThe person swearingA commissioner for oaths or the Chief Registrar of the High Court authorised in that behalf by the Chief Justice
Vesting Order Proceedings OathA witness before the Registrar of Titles or Assistant Registrar of TitlesRegistrar of Titles or Assistant Registrar of Titles
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History of this document

31 December 2023 this version
Chapter 21

Revised Laws 2023

Consolidation
31 December 2000
Chapter 19

Revised Laws 2000

Consolidation
Read this version
09 October 1963
Commenced

Cited documents 1

Statute
1

Documents citing this one 182

Judgment
165
Besigye Kiiza v Museveni Yoweri Kaguta and Another (Election Petition 1 of 2001) [2001] UGSC 3 (21 April 2001)

 
Kakooza John Baptist vs Electoral Commission and Yiga Anthony (Election Petition Appeal 11 of 2007) [2008] UGSC 8 (22 May 2008)
Supreme Court dismissed appeal on electoral irregularities due to insufficient proof of substantial result effects.
Election law – Parliamentary elections – Non-compliance with electoral laws – Effects on election results – Evidential requirements for Declaration of Results forms.
Otto Marcello Ludinya and Others v Kinyera Patrick (Civil Appeal No. 026 of 2017) [2023] UGHC 508 (14 November 2023)

 
Muhindo Rehema v Winfred Kiiza & Anor (Election Petition Appeal No. 29 of 2011) [2012] UGCA 18 (11 June 2012)
Failure to serve notice within seven days is a technical irregularity absent prejudice; Electoral Commission’s breaches annulled the election.
* Electoral law – service of Notice of Presentation of petition – requirement directory, not jurisdictional, where no prejudice. * Evidence – affidavits in election petitions – liberal approach to illiterate deponents; exclusion warranted for hearsay or matters beyond personal knowledge. * Electoral Commission duty – proper counting, certification and accounting of ballots; failure may substantially affect results. * Relief – where non‑compliance substantially affects result, election may be annulled and fresh election ordered. * Costs – where Commission’s failures cause annulment, Commission liable for costs.
Hon. Mujungu v Tumwine and Another (Election Petition No. 5 of 2021) [2021] UGHC 46 (29 October 2021)

 
M/S Tatu Naiga & Co. Emprorium v Verjee Brothers Limited (Civil Appeal 8 of 2000) [2002] UGSC 20 (22 April 2002)

Civil Procedure|Actions and applications
Mugema Peter Vs Mudiobole Abedi Nasser (Election Petition Appeal No. 30/2011) [2012] UGCA 7 (13 April 2012)

 
Administrator General v Kitatta & Ors (Ma No. 1066 of 2012) [2013] UGHCLD 53 (6 June 2013)
Application to set aside dismissal refused because unsworn witness statements were inadmissible and plaintiffs failed to prove their case.
* Civil procedure – review – inherent jurisdiction (s.33 Judicature Act; s.98 Civil Procedure Act) – limits where specific review provisions exist (Order 46 CPR). * Evidence – admissibility – unsworn witness statements not admissible to discharge burden of proof (s.101 Evidence Act; s.10 Oaths Act). * Ex parte proceedings – burden of proof remains on plaintiff; ex parte does not lower evidentiary standard.
Ahmos Investment Group of Companies & 4 Ors v Stanbic Bank (U) Ltd (Miscellaneous Application No. 684 of 2014) [2015] UGCommC 191 (13 November 2015)
Application to set aside summary judgment for alleged duress and defective service dismissed; service effective and duress unproven.
Civil procedure – Order 36 r.11 CPR – setting aside summary judgment for ineffective service or good cause; substituted service – requirements and validity; duress – standard of proof for vitiating consent; jurat technicalities – sworn vs affirmed not fatal.
Alaso v Electoral Commission and Anor (HCT-00-CV-EP 5 of 2016) [2016] UGHCEP 33 (25 July 2016)
Non‑compliance, bribery, use of a government vehicle and ballot anomalies nullified the election and fresh polls were ordered.
Election law – electoral irregularities – non‑compliance with Parliamentary Elections Act – use of government resources for campaigning – bribery and distribution of gifts – unexplained ballot paper discrepancies – harassment/arrests of agents – standard and burden of proof in election petitions.
Gazette
13
Act
3
handbook
1