THE AUSTIN PAPERS. 289 on the bonds, notes or bills of such bank, either directly or indirectly from such bank shall be and are hereby declared null and void. Sec. 9. Be it further enacted, That every such bank and every trus- tee or person or persons on behalf or for the benefit of such bank 1s and are hereby declared incapable of maintaining any suit in any court of this Territory for any matter whatever, appertaining to such bank or for its use, except it be a suit for the paymts of a bond, note or contract given to such bank and actually discounted thereby prior to the passage of this net; and every suit in which it shall at any stage thereof be made appear that such suit is in whole or in part, for the benefit of such bank, provided the original cause of said suit shall have been of a date posterior to the passage of this act, such suit shall be dismissed with costs. Sec. 10. Be · it further enacted, That every officer, stockholcle: shareholder or partner hereafter interested in any such bank, sha, be jointly and severaily answerable in his and their individual ca- pacity for the whole amount of the bonds, notes, bills or contracts of such bank, hereafter executed, any agreement, shift, evasion or devise in such bond, note, bill or contract or otherwise to the contrary notwithstanding. Sec. 11. Be it further enacted, That the holder or holders of any bond, note, bill or contract of such bank may institute suit and re- cover judgment thereon against any part or-the whole of the persons who were interested in such bank, at the date of such bond, note, bill or contract, or who became _interested in such bank at any time be- tween that and the commencement of such suit. Sec. 12. Be it further enacted, That in such suit it shall be sufficient for the plaintiff to set forth in substance that he is the holder of such bond, note, bill or contract; that the defendant or defendants was or were interested in said bnnk at the date of such bond, note, bill, or contract or subsequently thereto and that it remains unpaid; neither shall the plaintiff be required to shew in his declarations nor in his pleadings, nor to prove on the trial that a demand was made of the contents of such bond, note, bill or contract at the time and place when •and where it purports to be payable, for the persons interested as aforesaid shall be liable without such demand. Sec. 13. Be it further enacted, That if during the progress or on the trial of such suit, it shall appear that any one or more of the defend- ants are not liable to such action, under this act, it shall not be subject £or abatement nor non-suit, neither shall it prevent the suit from pro- ceeding as to any other defendant or defendants, but judgment shall be given £or the full amount of such bond, bill, note or contract against ~ny one or more of the defendants, who may appear to be liable.
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