New-York tribune., 1909-10-24
TO ASSURE HOMES.
Nep French Lao Prouides for
Family Domicilcs.
Paris, october T..


A noticeable characteristic of French
legislation of recent years has been the
tendency to seek inspiration for social
reforms among popular institutions
which already exist in the United States
ami have proved satisfactory. In the
matter of preserving the forests, which
is becoming every day a question of
more and more vital Importance, the
agitators in favor of drastic laws to pre-
vent the wholesale and irresponsible de-
struction of timber are ConfeSsedly fol-
lowing an American lead. But an even
greater reform, and one that has now
been actually realized, is the establish
ment in France of the homestead on
the American model, and for it's designa-
tion the French legislator has not hesi-
tated to adopt the English word. The
French homestead" or, as it may be
alternatively called, the "bien de
famille," insures to every family who
chooses to take advantage of the law "a
bit of land and a home"
This family estate must not exceed
81 600 in value, and must include a
dwelling house. Moreover, the family
estate can be held only by family. No
bachelor may possess a "bien de
famille." 1t cannot be distrained upon
or sold as the result of an action at law
by unpaid creditors, even in the event of
the bankruptcy of the holder, nor can it
be included in judicial liquidation. 1t
cannot be mOrtgaged or sold unless the
father Of the family and his wife are
consenting parties to the transaction. In
the event of the husbands death the
local Justice of the peace may ordain the
maintenance of the homestead until
the coming of age of the youngest sur
viving child. 1t is confidently expected
that this new law will help to fix the
peasant on the land and stem the disas-
trous invasion of the large towns by the
rural populations.
1t is hoped, moreover, that another
most vital consequence Of the reform will
be an increase in the birth rate. The
constant and steady decline in the pop
ulatiOn Of France is a symptom of ma
uOnal decay which sociologists look upon
with the utmost alarm. One of the
causes of it has no doubt been the sys-
tenn introduced by the first Napoleon of
making all property, after its owners
death, devisible among his heirs in ac-
cordance with certain fixed proportions
| Thus all landed property has during the
last hui ed years in France been grad
! ually broken up until at last the estates
| have in very many cases dwindled down
to such small proportions as to make
them hardly worth dividing.
The great aim of the French peasant
| has, therefore, been to add to the size of
| his inherited estate by additional pur-
| chases, and to this soul absorbing ambi
tion is attributed by most writer's on ma
| tional temperament the grasping and
| pusillanimous character which the
| French peasant has developed, much to
| the nations detriment. Napoleon fully
| recognized what would be the mathe-
matical outcome of his law if it were
| to be applied without restriction
namely, that the smaller fortunes
would disappear altogether, but he re-
served to himself the right to grant
entails. This right, however, was not
| retained by the government which sue
ceeded his. Henceforth the establish
ment of the homestead" will, at any
rate, prevent the paternal farmhouse,
| with a portion of the land attaching to
! it, from being divided up.
The chief objection to the law seems
| to be the va t number of legal formali-
| ties which have to be fulfilled before an
| estate can be converted into a ''bien de
| famille." This red tapelsm" is very
| characteristic of France, and may easily
end in defeating the very purpose for
which the law was passed. First of all
a declaration of intention to create a
| homestead has to be made before the
| local notary, who draws up an act (an
| expensive matteD describing the prop
erty, estimating its value and establish
ing the fact that it is insured against
| fire and not mortgaged.
| This act is posted by the notar-- on the
| door OF the Mayors house and of the
| justice house, where it has to remain
| for two months. 1t is then sub
mitted 10 the scrutiny Of the Justice
OF the peace, who verifies the state
ments it contains, calling in experts.
| II necessary, To cOnrrm his opiniOn
and finally pronounces a Judgment.
His decision does not admit of appeaI
But this is not all The act of
constitution of the homestead" has to
be registered within month of its hav-
ing been granted or it becomes null and
void. There is clearly danger that by
the time all these expensive legal for
maiities have been duly fulfilled the un-
fortunate peasant viii have very little
but the bare homestead" left to him To
| subsst on. CT u
| SOCIALISTS WIN ANOTHER SEAT
Cohurg, Germany, Oct 23.-The Social
lists won another seat in the Reicbstap
at yesterdays election in this city. which
had been regarded ASIA stronghold OF the
National-Liberals, Zietsch, the Socialist
fIa.s, -