the-ordinances-of-the-legislative-counci-1890v4 — Page 41

HK Historical Laws 香港歷史法例 All

1858 ORDINANCE No. 9 OF 1885 .


Bills of Exchange.


An acceptance to pay at a particular place is a general acceptance ,
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 drawces, but
not of all.

Inchoate 20. ( 1. ) Where a simple signature on a blank stamped paper is
instrument .
delivered by the signer in order that it may be converted into a bill, it
operates as a prima 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 want
ing in any material particular, the person in possession of it has a primâ
facie authority to fill up 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. Reasonable 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 effectual for all purposes

in his hauds , 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 en
titled to the bill that he has accepted it , the acceptance then becomes com
plete and irrevocable .

(2. ) As between immediate parties , and as regards a remote party
other than a holder in due course , the delivery-

(a. ) In order to be effectual must be made either by or under
the authority of the party drawing , accepting, or indor
sing, as the case may be:
(b. ) May be shown to have been conditional or for a special
purpose only, and not for the purpose of transferring
the property in the bill.

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