ART. 42] MINORS. 1067

section of the code of public general laws or public local laws of this
State, upon the ground, or for the reason, that such act of assembly, or
section thereof, or such article or section of the code of public general
laws or public local laws is unconstitutional and void, in whole or in
part, because contrary to the constitution or bill of lights of this State,
or because contrary to the constitution of the United States, it shall be
the duty of the said court or judge ordering such release or discharge
for said cause to reduce his opinion to writing within five days after
ordering said release or discharge, and to transmit the original papers
in said case, together with a copy of its or his order of release or
discharge, and of his said opinion, under his hand and seal, to the
clerk of the court of appeals; and it shall be the duty of the said court
to consider the papers so transmitted to its said clerk, including said
order of release or discharge, and said opinion, at the earliest practi-
cable period, after the receipt thereof by its said clerk, and to give its
opinion in writing upon the case so presented; and the said opinion so
given shall have and possess the same authority as if the same was filed
in a case formally heard and determined in said court on appeal.

For a case held to be properly before the appellate court for review under
this section, see State v. Glenn, 54 Md. 503.

This section held to have no application. Annapolis v. Howard, 80 Md. 246.

Procedure in Relation to Minors.

1904, art. 42, sec. 18. 1888, art. 42, sec. 18. 1886, ch. 57. 1000, ch. 306.
1004, chs. 98 and 201. 1008, ch. 626.

18. A minor (male or female) under the age of 18 years, may be
committed to a juvenile institution for care and guardianship, if such
minor be a minor without proper care and guardianship. A minor is
deemed to be a "minor without proper care and guardianship" (1) if
it is without a proper or permanent place of abode or is without proper
care and guardianship; (2) or is neglected or ill-treated by its parent,
guardian or custodian; (3) or such parent, guardian or custodian is
unable or unwilling to care for or control such minor; (4) or such
parent, guardian or custodian is morally depraved, dissipated, addicted
to the use of intoxicating drinks or drugs, or is leading an immoral
or disorderly life, and it appears that because of such conditions on
the part of parent, guardian or custodian such minor is not receiving
necessary or reasonable good care and training; (5) or a minor under
or apparently under the age of 16 years who may be found habitually
walking aimlessly along or being on any street or public highway at
an unreasonable hour of the night or early morning, or who is found
loitering around any theater or other place of amusement at an unrea-
sonable hour without good reason for doing so, or who may be seen
around or found in, around or about questionable resorts or places of
amusements, questionable hotels or furnished room houses or houses of
ill fame and repute; (6) or if in the discretion of the officer or judge
having jurisdiction in such cases it appears by reference to any criminal