(4)When a youthful offender of the age of twelve or thirteen years, who has not previously been convicted, is convicted or an offence punishable with transportation or imprisonment, and the Court is satisfied that the youthful offender should be sent to an industrial school, but, having regard to the special circumstances of the case, should not be sent to a reformatory school, and is also satisfied that the character and antecedents of the youthful offender are such that he will not exercise an evil influence over the other inmates of an industrial school, the Court may order the youthful offender to be sent to an industrial school after previously ascertaining that the managers are willing to receive him:Provided that the 1[State Government] may, on the application of the managers of the industrial school, by order, transfer the youthful offender to a reformatory school.
