276 BILLS OF EXCHANGE AND PROMISSORY NOTES. [ART. 13

may be converted into a negotiable instrument operates as a prima facie
authority to fill it up as such for any amount. In order, however, that
any such instrument, when completed, may be enforced against any
person who becomes a party thereto prior to its completion, it must be
filled up strictly in accordance with the authority given, and within a
reasonable time. But if any such instrument, after completion, is
negotiated to a holder in due course, it is valid and effectual for all
purposes in his hands, and he may enforce it as if it had been filled
up strictly in accordance with the authority given, and within a reason-
able time.

1904, art. 13, sec 34. 1S98, ch. 119.

34. Where an incomplete instrument has not been delivered, it
will not, if completed and negotiated, without authority, be a valid con-
tract in the hands of any holder, as against any person whose signature
was placed thereon before delivery.

Ibid. sec. 35. 1898. ch. 119.

35. Every contract on a negotiable instrument is incomplete and
revocable until delivery of the instrument for the purpose of giving
effect thereto. As between immediate parties, and as regard's a remote
party other than a holder in due course, the delivery, in order to be
effectual, must be made either by, or under the authority of the party
making, drawing, accepting or indorsing, as the case may be; and in
such case, the delivery may be shown to have been conditional, or for a
special purpose only, and not for the purpose of transferring the prop-
erty in the instrument. But where the instrument is in the hands of
a holder in due course, a valid delivery thereof by all parties prior to
him, so as to make them liable to Mm, is conclusively presumed. And
where the instrument is no longer in the possession of a party whose
signature appears thereon, a valid and intentional delivery by him is
presumed until the contrary is proved.

Ibid. sec. 36. 1898, ch. 119.

36. Where the language of the instrument is ambiguous, or there
are omissions therein, the following rules of construction apply:

1. Where the sum payable is expressed in words and also in figures,
and there is a discrepancy between the two, the sum denoted by the
words is the sum payable; but if the words are ambiguous or uncer-
tain, references may be had to the figures to fix the amount;

2. Where the instrument provides for the payment of interest, with-
out specifying the date from which interest is to run, the interest runs
from the date of the instrument, and if the instrument is undated,
from the issue thereof;

3. Where the instrument is not dated, it will be considered to be
dated as of the time it was issued;

4. Where there is a conflict between the written and printed pro-
visions of the instrument, the written provisions prevail;