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.

Action.

30

l

sentenced to death or penal servitude in England, Wales, or Ireland upon a charge of treason or felony (x), the Act provides (y) that for Treason no action shall be brought by any convict for the recovery of any or Felony, property, debt, or damage, while he is subject to the operation of The Act applies until the convict dies, or is made a the Act. bankrupt, or is pardoned, or has undergone his punishment, or some punishment lawfully substituted for that originally ordered (z). While he is subject to the operation of the statute an administrator or a curator may be appointed, in whom will vest the convict's property, including choses in action, and by or against whom proceedings in respect of such property may be instituted and defended (a). Sect,

Conviction

Sect. Power

of

Court to prohibit com-

raencement of action

without leave.

Exercise of power.

5.

— Under

Vexatious Actions Act, 1896.

41. If the Attorney-General satisfies the High Court that any person has habitually and persistently instituted vexatious legal proceedings without any reasonable ground in the High Court or inferior Courts against the same or different persons, the Court may order (b) that no legal proceedings shall be instituted by that person in any Court unless he first obtains the leave of the High Court or of some judge thereof after showing that there is prima facie ground for such proceeding, and that it is not an abuse of the process of the Court (c) The Court made such an order {d) where a person had commenced forty-eight actions against various public officials, and had only succeeded in one where the Treasury solicitor paid into Court in order to avoid expense in disthe sum claimed puting the claim, which, however, the Crown regarded as unfounded; The Court in no case had any costs been recovered from him. will consider in such cases the general character and result of the actions, and not merely whether in any one or more there may have been a possible cause of action {d). So too an order (e) was made Vv^here a plaintiff bad brought five actions against the committee of an allotments association, all of which were stayed, and the last dismissed as frivolous and vexatious. Although the number of the actions brought was comparatively small, the Court considered that there were exceptional circumstances justifying the

making

of

an order.

{x)

Forfeiture Act, 1870 (33

Cv)

lUd.,

&

34 Yict.

c.

23),

s.

6.

s. 8.

It would seem that a convict at liberty only on ticket of leave (z) Ihid., s. 7. cannot be said to have undergone his punishment [Bullock v. Dodds (1819), 2 B. & Aid. 258), but by s. 30 such a person may himself sue in respect of property acquired by him whilst so at liberty. (a) lUd., ss. 9, 10. See also Re Gaslcell and Walter, [1906] 2 Ch._ 1. (&) The person in question is to be heard, and counsel may be assigned to him for the purpose on the ground of poverty. As to the Court's (c) Yexatious Actions Act, 1896 (59 & 60 Yict. c. 51), s. 1. inherent power to prevent abuse of process by frivolous proceedings, see title

Practice and Phocedure. {d) Re Chaffers (1897), 76 L. T. 351. (e) Re Jones (1902), 18 T. L. E. 476.