A Concise View of the Law of Husband and Wife as Modified by the Married Women's Property Acts; With an Appendix of Statutes (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1883 Excerpt: ...her liability to conviction ought to be left to the jury whether she received the property from her husband, and if not from him whether she received it in his absence (Reg. v. Wardroper, 29 L. J., M. C. 116). She could not be convicted of receiving if the goods were first brought to the house by the husband. (Ib.) At common law, as husband and wife are one Non-liaperson, the wife could not be guilty of larceny in ffor simply taking away her husband's goods; if a n, s stranger assist her (and there is no evidence of band at adultery or intention to commit adultery), the law. stranger is equally not guilty (Reg. v. Avert/, 28 L. J., M. C. 185; 7 W. E. 431), and even an adulterer cannot be convicted of receiving goods stolen by the wife (Reg. v. Kenny, 46 L. J., M. C. 156; L. E., 2 Q. B. D. 307.) But where a woman elopes, and she and her paramour jointly carry off the husband's property, this amounts to larceny in the paramour, if there is evidence of the adultery. (Reg. v. Featherstone, 23 L. J., M. C. 127; Reg. v. f Statutory liability. How far husband competent witness against the wife. Berry, 7 W. E. 240; Reg. v. Flatman, 42 L. T. 159.) This rule of law has been modified so as to make the wife capable of larceny from her husband. By the 45 & 46 Vict. c. 75, s. 16, it is enacted that "A wife doing 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 this Act, shall in like manner be liable to criminal proceedings by her husband." The criminal liability of the wife is, therefore, to be ascertained by the corresponding liability of the husband, which is contained in the 12th section, and, so far as now mater...