HABEAS CORPUS 1769

An. Code, 1924, sec. 17. 1920, ch. 515, sec. 17A.

17. Whenever application shall be made for a writ of habeas corpus
to inquire into the cause of detention of any person, who shall be con-
fined in any penal institution in this State, it shall be the duty of the
Judge granting said writ, upon fixing the time for hearing, to instruct
the clerk of the court in which such judge shall then be sitting, to give
such notice of the time and place of such hearing to the State's Attorney
for the county or city from which such person shall have been committed
to such penal institution as will enable such State's Attorney to attend
such hearing on behalf of the State.

An. Code, 1924, sec. 18. 1920, ch. 515, sec. 17B.

18. Whenever upon a return to a writ of habeas corpus and hearing
thereon, it shall appear that any person is detained in any penal insti-
tution in this State by virtue of any commitment of any Justice of the
Peace of this State or transcript from any court of record of this State,
and such commitment or transcript shall show or it shall otherwise ap-
pear to the Court that the Justice of the Peace or court by whom or by
which sentence was imposed on such person had jurisdiction to hear and
determine the case in which such sentence was imposed, and that the sen-
tence so imposed was such as was provided by the laws of this State for
the crime with which such person was charged before such justice or in
such court, the court to whom the return to such writ shall be made shall
not by reason of any errors, omissions or irregularities which may ap-
pear on the face of such commitment or transcript, discharge the person
so held, but may direct that such commitment or transcript shall be re-
turned by the officer in whose custody such person shall be detained to the
Justice of the Peace or court from whom or from which such commit-
ment or transcript- shall have been received in order that such errors,
omissions or irregularities may be corrected by such Justice of the Peace
or court, and such commitment or transcript, so corrected, delivered to
the officer having custody of such person.

Procedure in Relation to Minors.

An. Code, 1924, sec. 19. 1912, sec. 18. 1904, sec. 18. 1888, sec. 18. 1886, ch. 57. 1900,
ch. 306. 1904, chs. 98 and 291. 1908, ch. 626.

19. 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 un-
able 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