Page:1887 Compiled Laws of Dakota Territory.pdf/1091

Public Justice.

§ 6391. Common barratry is the practice of exciting ground­ less judicial proceedings.

§ 6392. Common barratry is a misdemeanor.

§ 6393. 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.

§ 6394. 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.

§ 6395. 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.

§ 6396. 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.

§ 6397. Every attorney, justice of the peace or constable, who, directly or indirectly, lends or advances any money or property, or agrees for or procures any loan or advance, to any person, as a consideration: for or inducement toward 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.

§ 6398. Every person convicted of a violation of either of the the preceding sections, in addition to the punishment by fine and imprisonment, prescribed therefor by this code, forfeits his office.

§ 6399. Nothing in the four preceding sections shall be con­strued to prohibit the receiving in payment of any evidence of debt or thing in action for any estate, real or personal, or for any services of any attorney actually rendered, or for a debt anteced­ently contracted, or the buying or receiving any evidence of debt or thing in action for the purpose of remittance, and with­ out any intent to violate the preceding section.

§ 6400. The provisions of sections 63!!5, G397, and 6399, rela­tive to the buying of claims by an attorney, with intent to prose­cute them, or to the lending or advancing of money by an attor­ney in consideration of a claim being delivered for collection, shall apply to every case of such buying a claim, or lending or advancing money, by any person prosecuting a suit or demand in person.

§ 6401. No person shall be excused from testifying in any civil action, to any facts showing that an evidence of debt or thing in action has been bought, sold or received contrary to law, upon the ground that his testimony might tend to convict him of a crime. But no evidence derived from the examination of such person shall be received against him upon any criminal prosecution.

§ 6402. Every person guilty of any contempt of court of either of the following kinds, is guilty of a misdemeanor:

1. Disorderly, contemptuous or insolent behavior, committed during the sitting of any court of justice, in immediate view and presence of the court, and directly tending to interrupt its pro­ceedings, or to impair the respect due to its authority.

2. Behavior of the like character, committed in the presence of any referee or referees, while actually sitting for the trial of