28th September, 1936
T H E PALESTINE
CUSTODY
OF CHILDREN
GAZETTE
IN CERTAIN
1053
CASES.
Custody of child
in case of
prosecution for
offence under
chapters X V I I .
and X V I I I .
389. —(1) W h e r e a person having the care or custody of a child
under the age of sixteen years is convicted i n respect of such child
of an offence under chapters X V I I and X V I I I , or has been com
mitted for trial for any such offence, the court convicting the
offender or the court before which the offender is committed for
t r i a l may, if satisfied that it is expedient, order that the child be
committed to the care of a relative or of any other fit person or
institution named i n the order, and being w i l l i n g to undertake
such care, until he attains the age of sixteen years or for any
shorter period. T h e court shall in making such order have regard
to the religion professed by the parents of the child.
(2) I f the child has a parent or. legal guardian, no order shall
be made under this section unless such parent or legal guardian
has been convicted of or committed to trial for an offence under
chapters X V I I and X V I I I , or has been proved to the satisfaction
of the court making the order to have been a party to, or privy to
the offence, or cannot be found.
(3) T h e consent of any person to undertake the care of a child
shall be proved i n such manner as the court may think sufficient
to bind h i m .
(4) Where an order is made under this section i n respect of
a person who has been committed for trial, if that person is
acquitted of the charge, or i f the charge is dismissed for want of
prosecution, the order shall forthwith be void, except w i t h regard
to anything that may have been lawfully done under it.
(5) The court or any court of the like jurisdiction may, on the
application of any person interested, from time to time, renew,
vary or revoke any order made under this section.
REPEAL AND COMMENCEMENT.
390.
The laws specified i n the first and second columns of the
schedule to this Code are hereby repealed to the extent stated i n
the third column of the schedule.
' '׳
• "
.
׳
׳
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Repeal.
!
391. T h i s Code shall come into operation upon a day to be
fixed by the H i g h Commissioner by notice i n the Gazette.
Commencement.
THE SCHEDULE.
(Section 390).
N o . of O r d i n a n c e
- —~
—
N o . 22 of 1924
No. 5
No. 2
No. 3
N o . 14
of
of
of
of
1926
1927
1927
1927
Short
Title j
1
• i
. .
Ottoman Code of C r i m i n a l Procedure
Prevention of Cruelty to Animals Ordinance,
1919.
"
j Dissemination of False News Ordinance, 1921
T r i a l Upon Information Ordinance, 1924 Forests Ordinance, 1926 j
Criminal L a w Amendment
Prevention of Intimidation
Currency Notes Ordinance,
i
•
|
Ordinance, 1927
Ordinance, 1927
1927
׳
E x t e n t to w h i c h
repealed
Article 7
The whole
The whole
Sections 53
and 54
Section 19(1)
The whole
The whole
Sections 5 to 9
inclusive
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