POLITICAL.

Stratford Evening Post, Volume XXXI, Issue 51, 14 October 1911, Page 2

POLITICAL.

THE FAMILY HOME. MR MASSEY’S BILL. The Family Home Protection Bill (Mr Massey), which has been printed and will ho circulated shortly, aims at .introducing a reform affecting the property rights of wives and widows which is now in force over the who}o of the United States and in three provinces of Canada'. Under the Bill power is given to the head of a family to create an “estate of homestead,’’ which cannot he sold or mortgaged save with the consent of the wife of the owner, if he has one. It provided that the limit of a homestead area of town land shall he land and buildings not exceeding together in value L7do, and of rural land an area not exceeding twenty acres of first-class land, fifty acres of second-class land, and five hundred acres of third-class land. When the property of a debtor is assigned, under the laws in relation :o insolvent debtors, the “estate of aomestoad” is to be cut out from the rest of the property and not vested in the assignee. Tlie head of a family, having acquired one estate of homestead, he shall not be entitled co acquire another until the first has ooen determined. The “estate of homestead” existing at the depth of the mad of a family is to continue for the oonclit of the widow (if any) and infant children, and is to be held and enjoyed by them, if someone of them occupies the premises, until the youngest child attains the age of twentyone years, and until tne remarriage or death of the widow. The remaining property of the deceased head of i family is to be subject to the laws •elating to payment of debts, etc., as at present. Nothing in the Bill relieves property from liabilities in rc■pect of; debt's contracted for the mrchass thereof; debts contracted before notice of the registration of “the .'state of homestead” is gazetted; the payment of rates, taxes, and burdens imposed by virtue of any statute; the M eet ion and maintenance of boundin' fences, and liens on the property ic.der the Contractors’ and Worknon’s Lien Act, 1908. The Bill docs lot affect the right of the Crown to jommilsorily resume land required for rninic purposes. “What 1 propose,” said Mr Massey, ■.peaking to a “Dominion” reporter, ‘is a modification of the law on this subject in the United States and Canida, so as to make its principle applicable to the conditions of this country. I think that more protection should lie given both to widows and wives in connection with the property of their husbands than, so far. have been afforded by New Zealand law. 1 had intended to add a clause to this Bill repealing the provision un-

der the Death Duties Act which taxes property transferred by a husband to nis wife, but we have a promise from the Government that the matter will be put right by legislation to be introduced during the present session. Personally, I may say mat i would like to go the full length of providing that no family home should bo sold or mortgaged without the written consent of the wife, but f don’t think our Parliament is quite ready for such a reform just yet, although, when the matter comes up next session, 1 may test the opinion of the House on the question. I have introduced the Rill with the object of getting it printed and circulated, and intend to biing it before Parliament early next session.”