Page:Revised Codes of the State of North Dakota 1895.pdf/1282

§§ 7006-7015 § 7006. Proof required. 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.

§ 7007. Accused interested, not a defense. 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.

§ 7008. Attorneys buying demands or suits. 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.

§ 7009. Justice or constable buying same. 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.

§ 7010. Loans on claims for collection. 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.

§ 7011. Forfeiture of office. Every person convicted of a violation of either of the three preceding sections, in addition to the punishment by fine and imprisonment, prescribed therefor by this code, forfeits his office.

§ 7012. Receiving claims allowable. 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 of any evidence of debt or thing in action for the purpose of remittance, and without any intent to violate such sections.

§ 7013. Application of previous sections. The provisions of sections 7008, 7010 and 7012 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.

§ 7014. Witnesses' privilege. No person shall be excused from testifying in any civil action, to any fact 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.

§ 7015. Criminal contempts. Every person guilty of any contempt of court 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.