1770 ARTICLE 42

other place of amusement at an unreasonable hour without good reason for
doing so, or who may be seen around or found in, around or about ques-
tionable 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 ret-
erence to any criminal 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 ap-
pears that such minor is of such character and surrounded by such con-
ditions 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 dis-
charged 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 broiight 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 dis-
pensed with; but in all cases where a minor is charged with being a minor
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 enumerated.

Cited but not construed in Backus v. Reynolds, 159 Md. 604.

See art. 23, sec. 193. For provisions "For the Protection of Minors," see art. 27,
sec. 458, et seq.; see also arts. 26 and 100.

An. Code, 1924, sec. 20. 1912, 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, 1924, sec. 21. 1912, 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 interest of such minor, and the custody shall be
determined without regard to technicalities of prbcedure 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-