ART. 13] BLANKS—DELIVERY—CONSTRUCTION. 331

hands of a subsequent holder in due course; but as to him
the date so inserted is to be regarded as the true date.

33. Where the instrument is wanting in any material par-
ticular, the person in possession thereof has a prima facie
authority to complete it by filling up the blanks therein. And
a signature on a blank paper delivered by the person making
the signature in order that the paper may be converted into a
negotiable instrument operates as a prima fade 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 instru-
ment, 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 reasonable time.

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

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
regards 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 pur-
pose only, and not for the purpose of transferring the property
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 him, is conclusively
presumed. And where the instrument is no longer in the pos-
session of a party whpse signature appears thereon, a valid and
intentional delivery by him is presumed until the contrary is
proved.

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