Children Act, 1941

Amendment of section 74 of the Principal Act.

20.—Section 74 of the Principal Act is hereby amended in the following respects and shall be construed and have effect accordingly, that is to say:—

(a) by the deletion of sub-section (3) and the substitution in lieu thereof of the following sub-section, that is to say:

“(3) For the purposes of the foregoing provisions of this section, a youthful offender or child shall be presumed to reside—

(a) in case proof to the satisfaction of the court is given that he has been residing continuously in any one place within the State for not less than twelve months before the commission of the offence or the occurrence of the circumstances which rendered him liable to be sent to a certified school, the place where he so resided, or

(b) in case no such proof as aforesaid is given but proof to the satisfaction of the court is given that the parents, surviving parent, mother (in a case of illegitimacy), or guardian of the youthful offender or child resided continuously in any one place within the State for not less than twelve months before the commission of the offence or the occurrence of the circumstances which rendered him liable to be sent to a certified school, the place where such parents, parent, mother, or guardian so resided, or

(c) in any other case, the place where the offence was committed or the circumstances occurred which rendered him liable to be sent to a certified school,”

and

(b) by the deletion of sub-section (5).