212 LAWS OF MARYLAND.

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 conflct between the written and printed
provisions of the instrument, the written provisions prevail;

5. Where the instrument is so ambiguous that there is doubt
whether it is a bill or note, the holder may treat it as either, at
his election ;

6. Where a signature is so placed upon the instrument that
it is not clear in what capacity the person making the same
intended to sign, he is to be deemed an endorser.

7. Where an instrument containing the words, "I promise
to pay," is signed by two or more persons, they are deemed to
be jointly and severally liable thereon.

37. No person is liable on the instrument whose signature
does not appear thereon, except as herein otherwise expressly
provided. But one who signs in a trade or assumed name will
be liable to the same extent as if he had signed in hie own
name.

38. The signature of any party may be made by a duly
authorized agent. No particular form of appointment is neces-
sary for this purpose; and the authority of the agent may be
established as in other cases of agency.

30. Where the instrument contains, or a person adds to his
signature, words indicating that he signs for or on behalf of a
principal, or in a representative capacity, he is not liable on
the instrument if he was duly authorized ; but the mere addi-
tion of words describing him as an agent, or as filling a repre-
sentative character, without disclosing his principal, does not
exempt him from personal liability.

40. A signature by "procuration" operates as notice that the
agent has but a limited authority to sign, and the principal is
bound only in case the agent in so signing acted within the
actual limits of his authority.

41. The indorsement or assignment of the instrument by a
corporation or by an infant passes the property therein, not-
withstanding that from want of capacity the corporation or
infant may incur no liability thereon.

42. Where a signature is forged, or made without authority
of the person whose signature it purports to be, it is wholly
inoperative, and no right to retain the instrument, or to give a
discharge therefor, or to enforce payment thereof against any
party thereto, can be acquired through or under such signature,
unless the party, against whom it is sought to enforce such