"DEAD IN LAW."

Feilding Star, Volume I, Issue 277, 28 May 1907, Page 4

"DEAD IN LAW."

AN UNFORTUNATE HUSBAND. FIFTEEN YEARS A WANDERER. Mail advices from Sydney give further details of the remarkable case, .nentioned in the cablegrams, which j was referred to before the Full Court , on 2nd May. j Mr E. M. Mitchell appeared for I John _ Keegan, of Glenmore road, J Paddington, and moved for a rule nisi Calling lrpon the Minister for Works to show cause why_ a writ of nandnmns should not l>« issued dir octin-- him to make a valuation >' 'ortain land resumed for the purposes of Cataract Dam. An afli davit filed bv TCeegpn was read. Ho alleged that on stt August, 1869, bo became the owner of a conditional purchase lease, consisting of 62 acres. He resided on the land with his wife and family for 12 or 13 years Ono night when going to work at the Coal Cliffs mine Tie missed the track, and fell over a precipice, sustaining severe injuries, which seriously affected his mind and speech. Subsequently he worked at different places in New South Wales, and was for long periods absent from his home. About 1890 or 1891 he came back to bis farm, and was > informed by bis children that his wife was in Sydney and had gone away with another man. He then left home, and never communicated with his wife or family again, though pieviously ho had re poatedly sent his wife money. During the next 14 or 15 years I (adds the affidavit) he wandered about different parts of Queensland seeking work. During that time he was in poor health, and hardly able to keep himself. He leturned to Sydney, and underwent an operation in the Prince Alfred Hospital. During his absenco letters of administration had been granted to his wife. -On becoming aware of this, Keegan caused notice of a claim for compensation for the resumption of his land to be served. In answer to the claim he received a communication from the Public Works Department, stating ; that he could not be dealt with in the matter, and that if he had any | claim in respect of tbe land he should make it to his wife, Isabella Dorothey Keegan, to whom compen- ; sation had already been paid. j Mr Mitchell said that the Crown | stated in effect, "You are dead in law, and have no right to be here." The question was whether, under the chcurastancee, Keegan was still entitled to compensation. Mr Justice Cohen : I should think , that an application ought to be made ti recall the letters of administration. Mr Mitchell: No doubt the Crown will raise that point. Mr Justice Cohen : Then the question will also ar.93 whether, as the money has been paid under the letters of administration, the Crown ie not protected. Mr MitcheU: The question is, is not the applicant the owner of the land, and therefore entitled to compensation ? Mr Justice Cohen: It seems very bard npon the Crown and the applicant, too. Mr Mitchell : Yes ; and the question is, which of the two innocent persons is to suffer. ■ The rule nisi was granted. -» When you feel the first tw. lge of rheumatism, gout, sciatica, or lumbago, sent for a bottle of RHEUMO. It wiU quickly enre you. All stores and chemi. -s seU it at -Is 6d and 4- 6d. a positive and last ag o ire.