ART. 42] MINORS. 1191

brought or is present without it, or the circumstances are other-
wise such that a warrant should be dispensed with; and all
courts or officers acting under the provisions of this section are
vested with all the incidental powers necessary to the effectual
execution of the powers herein enumerated.
Cocking v. Wade, 87 Md. 539.

1888, art. 42, sec. 19. 1886, ch. 57. 1900, ch. 306.

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

Ibid sec. 20. 1888, ch. 79. 1890, ch. 70.

20. 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 refer-
ence 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 parties, or any of them, to dismiss the case or settle it;
a minor, in such proceeding 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 corpo-
rate 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, reforma-
tory or other institution incorporated under the laws of this
State subject to the discipline and regulations of such institu-
tion, 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 relation to his care and
custody as may be deemed just and beneficial.*

*See article 27, secs 317, 472, also article 23, sec 240