DECLARED DEAD.

Hauraki Plains Gazette, Volume XXXX, Issue 5505, 25 November 1929, Page 2

DECLARED DEAD.

KILLED BY PARLIAMENT. J - • t SOME BENEFICIAL ACTS. The only case on record of how a man was killed by Act of Parliament comprised one of the tit-bits of a most interesting address delivered to Hamilton Rotarians on Monday by Mr C. L. Mac Diarmid (states the “Times”). Keeping his best story until last, Mi’ Mac Diarmid held the close attention of his hearers by briefly reviewing some of the more unusual aspects of legislation in the Dominion. The instance of the gentleman who was, to all intents and purposes, killed by the New* Zealand ’ Parliament about ten years ago was, he said, so far as was known, unique. A wealthy Canterbury landowner with a farm of 13,000 acres was committed to a mental hospital 22 years before, hopelessly insane. He possessed a wife and six children, the youngest being 24 and the eldest 36. During the father’s sojourn in the asylum the property had been managed on behalf of the family, but after the war years it was difficult to obtain labour and the heavy taxation made it imperative for the estate to be cut up and sold as soon as possible. The family were quite willing to have the land sub-divided for closer settlement. It was found that before becoming a mental case, the husband had made a very just and equitable will, providing for the payment of an annuity to his wife and the division of the remainder among his children. However, he was still alive and no- ‘ thing could be done. The family solicitor then conceived a very novel and daring idea, whereby Parliament would be asked to pass a bill assuming that the man was dead. It was proposed to set<aside £9OOO to produce income for the mental patient but, of course, it was essential to prove that the man was undoubtedly insane and would remain so until * his actual demise. Pronounced Insane. Three eminent mental experts pronounced that there was no ‘possibility of him recovering his sanity. Although physically fit he was stated to be showing signs of senile decay, while his mental condition was rapidly deteriorating. The bill was passed and the mental patient was deemed to have died from that date, while the place of his death was fixed. The necessary order was then procured from the Supreme Court to enable the will to be carried into effect.

“As though to confound the medical experts,” added Mr Mac Diarmid, “the man completely recovered his reason. There was absolutely no justification for his return to the mental hospital, as he was certified as perfectly sane, although he was said to be somewhat eccentric at times. He 'was welcomed by his wife and children and heartily approved the action which they took. This showed that he had recovered his common sense as well as his reason.” Mr Mac Diarmid then went on to describe the effect the Land Transfer Act and compared the present system with the old one* when freehold titles were granted by the Crown. In 1924 the registration of deeds was made compulsory and all lands in New Zealand was brought under the Land Transfer Act. Although perhaps not so convenient for members of the legal profession,. the new legislation had greatly facilitated the sale and transfer of land. The speaker pointed out that in England a man could do what he liked practically with his property by his will, which took effect at his death. In New Zealand the Family Protection Act decrees that every man must pro.vide adequate maintenance for his wife and children. The Act does not give the Court power to set aside or to revoke a will—merely to provide adequate maintenance for dependents. Rights of Foster Parents. With regard to the adoption of children, added Mr Mac Diarmid, the New Zealand law differed from that df England. The complete transfer of parental rights and obligations by adoption was not recognised in the Old Country. Magistrates in this country were continually making orders whereby children were transferred from their natural parents to adopted parents. Such orders terminated/ all rights and legal responsibilities existing between child and natural parent except 'in classes where a natural parent died intestate when the child, as next of kin, could participate in any assets in the estate.