Boyle's Lunacy

Citations

• 20 Pa. Super. 1
• 1902 Pa. Super. LEXIS 172

Syllabus

<p>Lunacy — Care of the insane — Insane criminals — Poor law — Acts of June 13, 1836, P. L. 589, April 11, 1815, P. L. 410, March 31, 1860, seciion 66, et seq., P. L. 445 — Act of May 14, 1874, P. L. 160 and Jane 25, 1895, P. L. 270.</p> <p>The Act of June 25, 1895, P. L. 270, makes no change in the provisions of prior acts respecting insane criminals; it merely fixes the primary liability of the county, with the right of recourse to the persons or poor district chargeable with the maintenance of the lunatic, in all eases of commitment by a court or judge. The county may elect to proceed for reimbursement against the district of the lunatic’s settlement, or the persons chargeable witli his support. It may also, under the Act of May 14, 1874, P. Jj. 160, look to “ the estate and effects ” of the lunatic. Commonwealth v. Burton, 16 Pa. Superior Ct. 218, followed.</p> <p>Poor law — Practice, Q. S. — Findings of fact.</p> <p>There is no provision of law requiring findings of fact by the judge in proceedings under the poor laws, except on an appeal from an order of removal, when either party may “ except to any decision of the court upon any point of evidence.”</p> <p>Municipalities — Demand of payment — Pleading.</p> <p>A municipality, or quasi municipality, such as a county or other subdivision, is not bound to seek its creditors for the purpose of making payment, but they must seek the authorities charged with the duty of paying, and present their claims; and this is especially the ease when the proper mode of making payment is by an order .drawn on the treasurer. In such case, therefore, an action without a previous demand is prematurely brought, since there has been no default in payment. A defense based on such failure, however, is in the nature of a dilatory plea, in suspension only, and not in bar of the action. As such it should be presented at the outset.</p>