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Amendment of sub-section (1) of section 58 of the Principal Act.
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10.—(1) Sub-section (1) of section 58 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—
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(a) by the deletion of the word “fourteen” and the substitution in lieu thereof of the word “fifteen”;
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(b) by the deletion in paragraph (b) of the words “wandering and” in both places where those words occur and by the deletion in the said paragraph of the words “no parent or guardian, or”;
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(c) by the insertion in paragraph (d), before the word “criminal” of the word “reputed”;
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(d) by the insertion immediately after paragraph (g) of the following word and paragraphs, that is to say:—
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“or
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(h) is found destitute and is not an orphan and his parents or his surviving parent or, in the case of an illegitimate child, his mother are or is unable to support him, or
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(i) is under the care of a parent or guardian who has been convicted of an offence under Part II of this Act or mentioned in the First Schedule to this Act in relation to any of his children, whether legitimate or illegitimate”, and
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(e) by the insertion of the following words at the end of the said sub-section, that is to say:—
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“Provided also that the Court shall not make an order that a child be sent to a certified industrial school on the grounds stated in paragraph (h) unless—
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(i) the child's parents consent or his surviving parent or, in the case of an illegitimate child, his mother consents to such order being made, or
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(ii) the Court is satisfied that owing to mental incapacity or desertion on the part of the child's parents or his surviving parent or, in the case of an illegitimate child, his mother, the consent of such parents or parent may be dispensed with, or
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(iii) one of the child's parents consents to such order being made and the Court is satisfied that, owing to mental incapacity or desertion on the part of the other parent or to the fact that the other parent is undergoing imprisonment or penal servitude, the consent of that parent may be dispensed with:
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Provided also that if an application is made to the Minister for Education by the parents or surviving parent or, in the case of an illegitimate child, the mother of a child committed on the grounds stated in paragraph (h) to a certified industrial school for the discharge from such school of such child, the said Minister shall, if satisfied that the persons or person making such application are or is able to support such child, order such discharge of such child.”
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(2) Sub-section (3) of section 58 of the Principal Act is hereby amended by the insertion before the word “years” of the words “or fourteen”, and the said sub-section shall be construed and have effect accordingly.
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