1068 HABEAS CORPUS. [ART. 42

record or records of any arrests of such minor that such minor is
developing such vicious and evil tendencies that there is apparent danger
of such minor leading a life of crime and disorder and becoming morally
depraved and degenerated, and that because of such conditions it
appears to be for the welfare of such minor as well as for the peace
and good order of society that it be committed; (7) or if it appears
that such minor is of such character and surrounded by such conditions
that he or she is likely to become or is in danger of becoming vicious,
depraved or immoral. A court of record, a judge thereof or a justice
of the peace having criminal jurisdiction may commit such minors
falling within this description to a juvenile institution incorporated
under the laws of this State, to be kept until 21 years of age, unless
sooner discharged by such institution or by due process of law, and
such judge or justice, at the trial of any such minor, shall take into
consideration all the conditions and circumstances surrounding or
records relating to such minors as well as the best interests and welfare
of such minors and that of the State and community at large. The
court or justice may require such minor to be brought before him upon
a warrant or order, or commit without such warrant or order, if such
minor can be brought or is present without it or the circumstances are
such that a warrant should be dispensed with; but in all cases where a
minor is charged with being a minor without proper care and guardian-
ship under this section, the parent or custodian should be duly notified
to appear before the person trying such minor at the time and at the
place of the trial, if such parent, guardian or custodian can be located,
and all courts or justices of the peace acting under the provisions of this
section are vested with all the incidental powers necessary to the effect-
ual execution of the powers herein enumerated.
See art. 23, sec. 258.

1004, art. 42, sec. 19. 1888, art. 42, sec. 19. 1880, ch. 57. 1900, ch. 306.

19. A minor held in any custody, under a commitment or otherwise,
for care and guardianship is said to be in private custody within the
meaning of section 20.

Ibid. sec. 20. 1888, art. 42, sec. 20. 1888, ch. 79. 1890, ch. 70.

20. Whenever a minor is brought before a court or judge upon
habeas corpus in private custody, the court or judge, in the determina-
tion of the case shall be guided and controlled by a parental considera-
tion of what is demanded by the best interests of such minor, and the
custody shall be determined without regard to technicalities of proced-
ure and without reference to any alleged technical claim or right of
custody; the minor, when brought up by habeas corpus, shall be deemed
to be in the custody of and subject to the order of the court or
judge issuing the writ or hearing the case and the court or judge may
adjourn the examination from time to time, and shall not allow the
proceedings to be controlled by the parties thereto, or any of them