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The Annotated Code of the Public General Laws of Maryland, 1924
Volume 375, Page 1531   View pdf image (33K)
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HABEAS CORPUS. 1531

without proper care and guardianship 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 effectual execution of the powers' herein enum-
erated.

See art. 23, sec. 192. For provisions " For the Protection of Minors," see art. 27,
sec. 378, et seq.; see also arts. 26 and 100.

An. Code, sec. 19. 1904, sec. 19. 1888, sec. 19. 1886, ch. 57. 1900, ch. 306.

20. A minor held in any custody, under a commitment or otherwise,
for care and guardianship is said to be in private custody within the mean-
ing of section 21.

An. Code, sec. 20. 1904, sec. 20. 1888, sec. 20. 1888, ch. 79. 1890, ch. 70. .

21. Whenever a minor is brought before a court or judge upon habeas
corpus in private custody, the court or judge, in the determination of the
case shall be guided and controlled by a parental consideration of what
is demanded by the best interests of such minor, and the custody shall be
determined without regard to technicalities of procedure and without ref-
erence 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, and it shall not lie within the power of the par-
ties, or any of them, to dismiss the case or settle it; a minor, in such pro-
ceeding may be removed from the custody of his parent, appointed guar-
dian, or other legal custodian; he may be committed to the care of any
person, body corporate or institution, upon such terms and for such period
as the court or judge may deem beneficial; if it be made to appear that
such course is demanded by the temporal or moral welfare of the minor,
it shall be the duty of the court or judge to commit him to the care or
custody of any charitable, reformatory or other institution incorporated
under the laws of this State subject to the discipline and regulations of
such institution, and to the further order and direction of the court or
judge; and any court or judge disposing of the custody of a minor upon
habeas corpus may assume and retain jurisdiction over such minor in as
ample a manner as a court of chancery, or judge of a court of chancery
upon bill or petition, and may pass such other and further orders in rela-
tion to his care and custody as may be deemed just and beneficial.

Uniform Act for the Extradition of Persons of Unsound Mind.

An. Code, sec. 21. 1918, ch. 150, sec. 21.

22. (Name of the sub-title.) This sub-title may be cited as the Uni-
form Act for the Extradition of Persons of Unsound Mind.

As to insanity as a defense in criminal cases, see art. 59, sec. 6, et seq.

 

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The Annotated Code of the Public General Laws of Maryland, 1924
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