WIVES AND WIDOWS.

New Zealand Herald, Volume XLVIII, Issue 14809, 12 October 1911, Page 8

WIVES AND WIDOWS.

PROTECTION OF PROPERTY. AN AMERICAN REFORM. " ESTATES OF HOMESTEAD." [BT TELEGRAPH.SPECIAL CORRESPONDENT.] Wellington, Wednesday. Legislation for the protection of the property rights of wives and widows, similar to the reform which has already been established throughout the United States of America and in . the three • provinces of Canada, has been introduced in the House of Representatives" by the Leader of the Opposition (Mr. W. F. Massey). The Bill will be. circulated in a few days, and Mr. Massey intends to submit his proposal to Parliament early next session.

Under the Bill power is given to the head of a family to create an " estate of homestead," which cannot be sold or mortgaged, except with the consent of the wife of the owner, if he has one. It is provided that the limit of a homestead area of town land shall be laud and buildings not exceeding together in value £750, and of rural land an area not exceeding 20 acres of first-class land, 50 acres of second-dues land, and 500 acres of thirdclass land. When the property of a debtor is assigned under the laws in relation to insolvent debtors, the " estate in homestead" is to bo cut out from the rest of the property, and not vested in the assignee. Tho leader of a family having acquired one estate of homestead shall not be entitled to acquire another until the first has been determined. Tho estate of homestead existing at the death of the head of a family is to continue for the benefit, of tho widow (if any) and infant children, and is to bo held and enjoyed by them. The remaining property of the deceased head of a family -is'to be subject to the laws relating to tho payment of debts, etc., as at present.

Nothing in the Bill relieves property from liabilities in respect of debts contracted for , the purchase thereof, debts contracted before notice of the registration of the "estate in homestead" is gazetted, the payment of rates, taxes, and burdens imposed by virtue of any statute, the erection of, and maintenance of, boundary fences, and liens on the property under the Contractors' and Workmen's Lien Act, ISOB. The Bill does not affect the right of the Crown to compukorily resume land required for public purposes.

" What I propose," said Mr. Massey, when speaking to a reporter to-day, "is a modification of the law ia the United States and Canada, so as to make it« principle applicable to the conditions of this country. I think that more protection should be given both to widows and wives in connection with the property of their husbands than so far has been afforded by New Zealand law. I had intended, to add a clause to this Bill repealing the provision under the* Death Duties Act., ivhich taxes property transferred by a husband to his wife, but we have a promise from the Government that the matter will bo put right by legislation to be introduced during the present session Per-' sonally, I may say that I would like to go the full length of providing that no family home should be sold or mortgaged without the written ' consent of the wife, but I do not think Parliament is quite ready for such a reform just yet, although, when the matter comes up next session, I mav teat the opinion of the House on the question. I - have introduced tho Bill with tlfe object of having it circulated, and intend to brine it before Parliament early next session.'