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No. 9 of 1899.
CRIMINAL PROCEDURE.
Criminal remedies of married woman against her husband and others in respect of property. 45 & 46 Vict. c. 75, s. 12.
Criminal liability of wife to husband. 45 & 46 Vict. c. 75, s. 16.
Abolition of presumption of coercion of married woman by husband. 15 & 16 Geo. 5, c. 86, s. 47.
Summary apprehension of offender in certain cases.
88.--(1) Every married woman shall have in her own name against all persons whomsoever, including her husband (subject as regards her husband to the proviso hereinafter contained) the same remedies and redress, by way of criminal proceedings, for the protection and security of her own separate property as if such property belonged to her as an unmarried woman.
(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 of 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, nor 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.
89. A wife who does any act with respect to any property of her husband, which, if done by the husband with respect to property of the wife, would make the husband liable to criminal proceedings by the wife under section 88, shall in like manner be liable to criminal proceedings by her husband.
Coercion by husband.
89A. Any presumption of law that an offence committed by a wife in the presence of her husband is committed under the coercion of the husband is hereby abolished, but on a charge against a wife for any offence other than treason or murder it shall be a good defence to prove that the offence was committed in the presence of, and under the coercion of, the husband.
Apprehension of offenders.
90.—(1) Any person found committing an indictable offence may be apprehended by any person whomsoever, without warrant.
* As amended by No. 17 of 1930 [17.10.30].
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