State v. Moore

Citations

• 90 Kan. 751
• 136 P. 233
• 1913 Kan. LEXIS 301

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. “Asylum for Feeble-minded”- — Maintenance of Inmates — To Whom Chargeable. The act creating an asylum for the feeble-minded is held not to contemplate a charge for maintenance against the estates of inmates upon the grounds (1) that it contains no provisions authorizing such charges, similar to those of the statutes regarding the care of the insane; (2) that it provides in terms for such charges in the case of nonresidents, the inference being that if a charge to residents had been intended an express provision therefor would have been made; and (3) that it treats the institution as a school, and a purpose to exact such a charge at an educational institution is not readily to be implied.</p> <p>2. - Same. The purpose of the legislature with respect to making a charge for maintenance is to be determined by the educational character of the institution as defined by the statute, notwithstanding that only a small number of its inmates are in fact capable of receiving instruction.</p> <p>3. Feeble-minded Person — Estate Liable for Her Maintenance After Transfer to Insane Asylum. Where a person of unsound mind, who has been an inmate of a public institution for the care of imbeciles, is transferred to a state asylum for the insane, a liability for maintenance at the latter place may attach, notwithstanding the requirements of the law may not have been complied with in the commitment thereto.</p> <p>4. - Same. In such a case, after a retransfer to an institution the inmates of which are by law exempt from charges for maintenance, no liability will be incurred, notwithstanding any irregularity in the -means by which such change was effected.</p> <p>5. Statute of Limitations — Does Not Run Against the State. The statute of limitations does not run against the state with respect to a charge for the maintenance of an inmate of a public asylum, for the insane.</p>