Every woman, whether married before or after the Act shall by section 12 of the Married Women’s Property Act 1882 have in her name against all persons whomsoever, including her husband, the same civil remedies, and also the same remedies and redress by way of criminal proceedings, for the protection and security of her separate property, as if the such property belonged to her as a feme sole, but except as aforesaid, no husband or wife shall be entitled to sue the other for a tort.

In any indictment or other proceeding under this section, it shall be sufficient to allege such property to be her property, and in any proceeding under the above-mentioned section, a husband or wife shall be competent to give evidence against each other, provided always that no criminal proceedings shall be taken by any wife against her husband by this Act while they a 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 shall have been wrongfully taken by the husband when leaving or deserting, or about to leave or desert his wife.

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