RIGHTS OF WIVES AND WIDOWS.

Otago Witness, Issue 3005, 18 October 1911, Page 9

RIGHTS OF WIVES AND WIDOWS.

AN AMERICAN REFORM. (Fboh Otis Own Correspondent.) WELLINGTON, October 11. Legislation for the protection of the property rights of wives and widows, similar to a reform which has already been established throughout the United States of America and in three provinces of Canada, has been introduced by Mr 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 land and buildings not exceeding together in value £740, and of rural land an area not exceeding 20 acres of fiiist class land, 50 acres of second class land, and 500 acres of third class land. When the property of a debtor is assigned under the laws in relation to insolvent debtors the estate in homestead is to be cut out from the rest of the property and not vested iin the assignee. The head of the family having acquired one estate of homestead shall not be entitled to acquire another until the first has been determined. The estate of homestead existing at the death of the head of a family is to continue for the benefit of the widow (if any) and infant children, and is to be held and enjoyed by them. If some one of them occupies the premises until the youngest child attains 21 years of age and until the remarriage or death of the widow, the remaining property of the deceased head of a family is to'be subject to the laws relating to payment of debts, etc.. as at present. Nothing in the bill relieves property from liabilities in respect of debts contracted for the purchase thereof or debts contracted before notice of the registration of the estate in homestead is gazetted, the payment of rates, taxes, and urdens imposed by virtue of any statute, the erection and maintenance of boundary fences, and liens on the property under " The Contractors and Workmen's Lien Act, 1908." The bill does not affect the right of the Crown to compulsori]y resume land required for public purposes. " What I propose," said Mr Massey, speaking to a reporter to-day, "is in modification of the law on this subject in the United States and Canada so as io make its principle applicable to the conditions of the's 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 provisions under the Death Duties Act, which taxes property transferred by a husband to his! wife, but we have a promise from the fkh-ernment that the matter will be put right by leg'slation to be introduced during the present session. Personally I may say that I would like to go the full length of providing that, no family home should be sold on mortgage without the •written consent elf the wife; but Ido not think Parliament is quite ready for such a reform just yet, although when the matter comes up next session I may test the opdnion of the House on the question. I have introduced the bill with the object of having it circulated, and intend to bring it before Parliament early next session."