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The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, MARCH 26, 1889. THE INDUSTRIAL SOHOOLB ACT.

The parents of a boy who was some time ago committed to the Burnham Industrial School have applied to us for guidance under circumstances which we will presently state, and which go to show that the provisions nf the Industrial Schools Act, 1882, are not generally understood. It appears that the boy m question will be fifteen years of age on the 14ih of June next, and the newspaper report of the proceedings before Mr Justice Ward, at the time of his committal, states that he (the boy referred to) was ordered to be sent to Burnham " until he should have attained the age of fifteen years." The parents have written to the manager of tit Burnham institution asking for his discharge on the 14th of June, and have been greatly surprised to receive a reply stating that (1) {i according to his conviction the boy will not be fifteen till June 30," and (2) that upon attaining tLe age of fifteen he will not be entitled to his discharge, but will remain under the control of the manager until he attains the age of twenty one. We have been asked whether this is according to law, and whether a lad committed until he is 15 can be detained after he has attained that age. The answer to both questions is supplied by the Act itself. Section 21 provides that "any Judge or Resident Magistrate shall, when making any order (for committal to an Industrial School) m his own discretion fix the age of such child, after hearing such evidence as may be adduced before him at the time of making the said order and shall specify the same m the order." We conclude, therefore, that the fact that the boy m question will be fifteen on the 14th June was not shown to the Judge, and that the order of commitment fixes the 30th June as the date of his attaining that age. If so, then, for the purposes of the Act, the boy will not bo regarded as being fifteen years of age until the 30th Jane, and may be lawfully detained m the Institution until that date. But, further, the fact that the committal was " until attaining the age of fifteen," does not release the boy from the guardianship of the manager of the Institution, for section 26 provides that 11 the guardianship of every inmate detained m a school (under order of Court) Bhall be vested m the manager of the school," and it is further specifically provided that •' any guardianship created under this section shall last until the person over whom such guardianship is exercised has attained the age of twenty one years, or until he has been previoucly dispharged." 'I he parents of the lad m question aver that they are now able to be responsible for his good conduct, and that they can find him remunerative employment, and if so, then there are two courses open to them, namely, either (1) to make application to the Government for his discharge under section 30 which empowers the Governor at any time to order the discharge of an inmate, or (2) to apply to the manager of the School under section 65 to have the boy licensed out to themselves or to some other person willing to provide for him and to pay wagds for his services. The latter is more likely to be successful than the former, and will, therefore, we think, be the wisest i coarse for the parents to take.

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http://paperspast.natlib.govt.nz/newspapers/AG18890326.2.4

Bibliographic details

The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, MARCH 26, 1889. THE INDUSTRIAL SOHOOLB ACT., Ashburton Guardian, Volume VII, Issue 2094, 26 March 1889

Word Count
604

The Ashburton Guardian. Magna est Veritas et Prævalebit. TUESDAY, MARCH 26, 1889. THE INDUSTRIAL SOHOOLB ACT. Ashburton Guardian, Volume VII, Issue 2094, 26 March 1889

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