316 HABEAS CORPUS. [ART. 42

ARTICLE XLII.

HABEAS CORPUS

Procedure in Relation to Minors.

20. Minors brought upon habeas corpus from private custody; what orders
court may pass.

Procedure in Relation to Minors.

1890, ch. 70. i

20. "Whenever a minor is brought before a court or judge upon
habeas corpus in private custody, the court or judge, in the deter-
mination of the case, -shall be guided and controlled by a paren-
tal 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 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 cus-
tody 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 pro-
ceedings to be controlled by the parties thereto, or any of them,
and it shall not lie within the power of the parties, or any of
them, to dismiss the case or settle it; a minor, in such proceed-
ing may be removed from the custody of his parent, appointed
guardian, 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 jurisdic-
tion 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 relation to his care and
custody as may be deemed just and beneficial.