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Session Laws, 1898 Session
Volume 482, Page 211   View pdf image (33K)
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LLOYD LOWNDES, ESQUIRE, GOVERNOR. 211

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 facie authority to
till it up as such for any amount. In order, nowever, that any
ench instrument, when completed, may be enforced against
any person who become a party thereto prior to its completion,
it must be tilled 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 tilled 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 anthority, 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 paities, 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, accept-
ing, or indorsing, as the case may be ; and in such case the
delivery may be shown to have been conditional, or for a spec-
ial purpose 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 possession of a party whose 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 construc-
tion 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 uncertain, references may be had to the figures
to fix the amount.

2. Where the instrument provides for the payment of in-
terest, without 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 ;

 

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Session Laws, 1898 Session
Volume 482, Page 211   View pdf image (33K)
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