THE FAMILY HOME.

Dominion, Volume 5, Issue 1257, 12 October 1911, Page 4

THE FAMILY HOME.

MR, MASSEY'S BILL. THE RIGHTS OP WIVES AND WIDOWS. Tho Family Home Protection Bill (M 1 ?. Massoy), which has been printed and will bo circulated shortly, aims at introducing a reform affecting tlio properly Tights of wives and widows which is now in forco over the whole of tho United States and in Hirco provinces of Canada. Under the Bill power is given lo the head of a family to crctile on "estate of homestead," winch cannot bo told or mortgaged sava witJi tlio consent of tlio wiio ot tlio ownor, it' lie has one. It provided that the limit of a homestead ami of town land shall bo land out! buildings not exceeding together in value XVSO, and of ru.r-.il land ail nrta not exoecding twenty acres of first-class land, fifty acres of tvcond-elnss land, and five hundred acres of third-class land. When the property of a. debtor is assigned 1111dor tho laws in relation to insolvent debtors, Iho "estate of homestead" is to bo out out from tho rest of tho property and not vested in tho assignee. Tho head of a family, having acquired one estate of homestead, he sholl not be entitled to acquire another until the first has been determine;!. The "estate of homestead" existing at tho (loath of tho head of a family is to_continue for tho benefit of tho widow (it aiiyi and infant children, and is to ljc hold and enjoyed by them, if someone of thorn occupies tho premises, until the youngest child attains twentyone years of age, and until tho remarriage or death of tho widow. Tho remaining property of the deceased bead of a family is to bo subject to the laws rotating to payment of debts, etc., as at present. Nothing in tho Bill relievos property from liabilities in rcspcct of: debts contracted for the purchase thereof; debts contracted before notice of tho registration of the "estate of homestead ' is gazetted; the payment of rates, taxes, and burdens imposed by virtno of any statute; the crcction and maintenance of boundary fences, and liens on the property under tho Conm, SIF, and Workmen's Lien Act, 1908. llio Bill doss nof: affect tho right: of tho Crown to compulsorily resunio land roquired for public ptirjioeos. "What I propose," said Mr. Mossey, speaking to a reporter yesterday, "is a modification of tlio law on this subject in the United Slates and Canada, so aa to make its principle applicable lo tho conditions of this oountry. I think that more protection should bo given both to widows and wives in connection with tho property of their husbands than, fo far, has been afforded by New Zealand Jaw. I had intended to add a clauso to this Bill repealing tho provision under tho Death Duties Act which taxes property transferred by a husband to his wife, but ivo have a promise from tlio Government that tlife matter will be put right by legislation to bo introduced during tho present session. Personally, I may say that I would like to go tlio full length of providing that no family homo should be sold or mortgaged without the written consent of the wife, but I 'don't think our Parliament is quito ready for such a reform just yot, although, when the matter comcs up next session, I may test- tho opinion of tho Houso on tlio question. I have introduced the Bill with tlio objtet of getting it printed and circulated, and intend to bring it before Parliament early neit session."