1190 HABEAS CORPUS. [ART. 42
this State, or section thereof, or of any article or section of
the code of public general laws or public local laws of this
State, upon the ground, or for the reason, that such act of
assembly, or section thereof, or such article or section of the
code of public general laws oi public local laws is unconstitu-
tional and void, in whole or in part, because contrary to the
constitution or bill of rights of this State, or because contrary
to the constitution of the United States, it shall be the duty of
the said court or judge ordering such release or discharge for
said cause to reduce his opinion to writing within five days
after ordering said release or discharge, and to transmit the
original papers in said case, together with a copy of its or his
order of release or discharge, and of his said opinion, under
his hand and seal, to the clerk of the court of appeals; and it
shall be the duty of the said court to consider the papers so
transmitted to its said clerk, including said order of release or
discharge, and said opinion, at the earliest practicable period,
after the receipt thereof by its said clerk, and to give its opinion
in writing upon the case so presented; and the said opinion so
given shall have and possess the same authority as if the same
was filed in a case formally heard and determined in said court
on appeal.
State v. Glenn, 54 Md. 572. Annapolis v. Howard, 80 Md 246.
Procedure in Relation to Minors.
1888, art. 42, sec 18 1886, ch. 57. 1900, ch 306 1904, ch. 98. 1904, ch 291
18. A minor may be committed to a juvenile institution for
care and guardianship if he is a minor without proper care. A
minor is deemed to become within this description : If he is
without any proper place of abode or proper guardianship, or is
neglected or ill-treated by his parent, guardian or custodian, or
such parent, guardian or custodian is unable properly to care
for him, or if it clearly appears that by reason of the character
or surroundings of such minor he has become so vicious and
depraved that the welfare of such minor, as well as the peace
and good order of society, require such commitment. A court
of record, a judge thereof, or a justice of the peace may commit
minors falling within this description to a juvenile institution
incorporated under the laws of this State, to be kept until
twenty-one years of age, in the case of males as well as females,
unless sooner discharged by such institution, or according to
due course of law, and such court or officer may require such
minor to be brought before him or it upon a warrant or order,
or commit without such previous precept, if such minor can be
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