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CRIMINAL PROCEDURE.
No. 9 of 1899.
935
(2) In any indictment or other proceeding under this section, it shall be sufficient to allege the property to which the indictment or other proceeding relates to be the property of the married woman, and in any proceeding under this section a husband or wife shall be competent to give evidence against each other, any statute or rule or law to the contrary notwithstanding: Provided that no proceeding shall be taken by any wife against her husband by virtue of this section, while they are living together, as to or concerning any property claimed by her, or, while they are living apart, as to or concerning any act done by the husband, while they were living together, concerning property claimed by the wife, unless such property has been wrongfully taken by the husband when leaving or deserting, or about to leave or desert, his wife.
husband. [45 & 46 Vict.
89. A wife who does any act with respect to any property of her Criminal liability of husband, which, if done by the husband with respect to property of wife to the wife, would make the husband liable to criminal proceedings by the wife under the last section, shall in like manner be liable to criminal proceedings by her husband.
Apprehension of Offenders.
č. 75 s. 16.] *
90.-(1) Any person who is found committing an indictable Summary apprehension offence may be apprehended by any person whomsoever, without of offender in warrant.
(2) Any person whosoever may, without warrant, arrest any person on a charge of having committed an indictable offence, if such an offence has actually been committed or if the person arrested is being pursued by hue and cry, but not otherwise.
(3) Any person to whom any property is offered to be sold, pawned, or delivered, and who has reasonable ground to suspect that any indictable offence has been or is about to be committed on or with respect to such property, may, and, if he can, shall, without warrant, apprehend the person offering the same and take possession of the property so offered.
(4) Every person who finds any person in possession of any property which he, on reasonable grounds, suspects to have been obtained by means of an indictable offence may arrest such last-mentioned person without warrant and take possession of the property.
* As amended by No. 50 of 1911.
As amended by No. 51 of 1911 and No. 2 of 1912.
certain cases.
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