Criminal Procedure.
(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.
[88
[CAP. 221
liability of wife to husband.
100. 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 99, shall in like manner be liable to criminal proceedings by her husband.
Coercion by husband.
[89
c. 75, s. 16.
Abolition of presumption of coercion of married husband.
101. 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.
[89A
102. (1) Any person found committing an indictable offence may be apprehended by any person whomsoever, without 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.
5, c. 86, s.
Summary apprehension of offender in certain cases.
175
Criminal Procedure.
(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.
[88
[CAP. 221
liability
of wife to 45 & 46 Vict.
husband.
100. A wife who does any act with respect to any property Criminal 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 99, shall in like manner be liable to criminal proceedings by her husband.
Coercion by husband.
[89
c. 75, s. 16.
Abolition of of coercion
presumption
of married
husband.
101. 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 woman by charge against a wife for any offence other than treason or 15 & 16 Geo. 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.
[89A
102. (1) Any person found committing an indictable offence may be apprehended by any person whomsoever, without 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.
5, c. 86, 8.
Summary sion of
apprehen-
offender in certain cases.
175
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