the-ordinances-of-the-legislative-counci-1890v2 — Page 136

HK Historical Laws 香港歷史法例 All

726 [ 9 OF 1885. ] BILLS OF EXCHANGE .

General and
qualified
19. ( 1. ) An acceptance is either ( a ) general or ( b ) qualified.
acceptances, ( 2. ) A general acceptance assents without qualification to the
order of the drawer. A qualified acceptance in express terms
varies the effect of the bill as drawn .
In particular an acceptance is qualified which is
( a .) Conditional, that is to say, which makes payment by
the acceptor dependent on the fulfilment of a con
dition therein stated :
( 6. ) Partial, that is to say, an acceptance to pay part only
of the amount for which the bill is drawn :
( c.) Local, that is to say, an acceptance to pay only at a
particular specified place :
An acceptance to pay at a particular place is a general accept
ance, unless it expressly states that the bill is to be paid there
only and not elsewhere :
( d. ) Qualified as to time :
( e. ) The acceptance of some one or more of the drawees ,
but not of all .
Inchoate
instruments.
20. ( 1. ) Where a simple signature on a blank stamped paper
is delivered by the signer in order that it may be converted
into a bill , it operates as a primâ facie authority to fill it up as
a complete bill for any amount the stamp will cover, using the
signature for that of the drawer, or the acceptor, or an indorser;
and, in like manner, when a bill is wanting in any material par
ticular, the person in possession of it has a primâ facie authority
to fill ир the omission in any way he thinks fit.
( 2. ) In order that any such instrument when completed may
be enforceable against any person who became a party thereto
prior to its completion, it must be filled up within a reasonable
time, and strictly in accordance with the authority given. Rea
sonable time for this purpose is a question of fact.
Provided that if any such instrument after completion is
negotiated to a holder in due course it shall be valid and effec
tual for all purposes in his hands, and he may enforce it as if it
had been filled up within a reasonable time and strictly in
accordance with the authority given .
Delivery. 21. ( 1. ) Every contract on a bill , whether it be the drawer's,
the acceptor's, or an indorser's, is incomplete and revocable,
until delivery of the instrument in order to give effect thereto.
Provided that where an acceptance is written on a bill , and
the drawee gives notice to or according to the directions of the
person entitled to the bill that he has accepted it , the acceptance
then becomes complete and irrevocable.

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.