A Spendthrift Act

New Zealand Tablet, 18 October 1906, Page 9

A Spendthrift Act

Death in the house brings some people face to face for the first time with the hard realities of life. The housefather's light goes out, and the funeral pall ' comes down with the crash of a storm '. The poetry of the position is not easily perceived through the tears of Ul3 berca.ved ; and others besides strangers have the Archey Road philosopher's remark in the mind, if not upon the tongue : 'It's a nice day f'r a drive to th' cimilry. Did lie lave much ? ' The anguish that for many long lay in the question had its root in the absolute dominion which the housefather had over the money which he had inherited or earned, and in the too frequent caprice or injustice with which he exercised that dominion in his last will and testament. A New Zealand statute secures the family, in certain circumstances, against that old resort of the wealthy ' stern paiient ', ' cutting off with' a shilling ', and against inadequate provision for their proper maintenance. An anienuing Bill is now before Parlia-; ment. But French legislation has long- ago gone farther than locking the stable door, after "the steed has been stolen, in. order to save the collar dnd names. The French law— the substance of which we might very usefully copy— ' goes one better '."• It provides a means of preventing the housefather squandering the family substance in drink, dissipation, wild or reckless speculation, or risking ' That which ma*«es gamesters play with those- ' Who have least wit and most to lose '. ' If ', says Max ORell in * Between Ourselves \ ' a Frenchman-^-be he father, husband, or brother"— shows- an inclination to squander a fortune which is one day destined to go to his children, his wife, or lids brothers and sisters,, the latter have a right "to call a family council to examine the case, report, on -it, and obtain a restraint which prevents that man from having the- sole and entire control of his fortune. . . He is only allowed to peacefully enjoy the 'possession, of that fortune so long as the interests ' of his family

arc safeguarded by his careful management of it, and by his, constant regard- for the future of his . family'" The modus operand] is briefly as 'follows: The family council state their case, before, ithe court. ,lf_it. is held to. "be proved,, the man', is" "pronounced to be 'inteidit' — that. is r i prevented:;? from: doing any further injury to his family by his- extravagance: "The court appoints guardians or, trustees! These'.!. then, assume, the management of the property, business, .etc.,. and pay the net rents,, interest,,, or .profits^ in- monthly instalments to-the man, if -h-c -is -'adjudged capable of properly handling it ?" otherwise, the " : money is, 'handed over, to his wife.. But . .the (capital is by. law' from the , caprice or .-lolly oKtthe* drunkard, the: gambler, the - profligate, or the- spend tn'rifti- In the case of lunacy^ and in certain .other contingencies', pur laws step in and . administer . estates on nb.ehalt.of minors. We might usefully take &, leaf aut^of. the old. French law-book that puts -a check * upon- -the • extravagances of * gam--blers aid "spendthrifts'- who'- happen to be in control of families. . !'..', „ !"V „,...