Page:1864-65 Territory of Dakota Session Laws.pdf/82

70 sion and remainder thereof, or have taken the rents and profits thereof for the space of one year before such grant, conveyance, sale, promise or covenant made, is guilty of a misdemeanor.

Sec. 189. The two last sections shall not be construed to prevent any person havieg a just title to lands, upon which there shall be an adverse possession, from executing a mortgage upon such lands.

Sec. 190. Common barratry is the practice of exciting groundless judicial proceedings.

Sec. 191. Common barratry is a misdemeanor.

Sec. 192. No person can be convicted of common barratry, except upon proof that he has excited suits or proceedings at law, in at least three instances, and with a corrupt or malicious intent to vex and annoy.

Sec. 193. Upon prosecution for common barratry, the fact that the accused was himself a party in interest or upon the record to any proceedings at law, complained of, is not a defense.

Sec. 194. Every attorney who, either directly or indirectly, buys or is interested in buying any evidence of debt or thing in action with intent to bring suit thereon is guilty of a misdemeanor.

Sec. 195. Every justice of the peace and every constable who, directly or indirectly, buys or is interested in buying any evidence of debt or thing in action for the purpose of commencing any suit thereon before a justice, is guilty of a misdemeanor.

Sec. 196. Every attorney, justice of the peace or constable, who, directly or indirectly, leads or advances any money or property, or agrees for or procures any loan or advance, to any person as a consideration for or inducement towards committing any evidence of debt or thing in action to such attorney, justice, constable, or any other person, for collection, is guilty of a misdemeanor.

Sec. 197. Every person convicted of a violation of either of the three preceding sections, in addition to the punishment, by