Section 46. Stamped paper and paper on which the stamp has been denoted by the Collector or the Superintendent o

46. Stamped paper and paper on which the stamp has been denoted by the Collector or the Superintendent of Stamps, shall be held to be spoiled or unfit for use within the meaning of section forty-five when— by accident happening to the same before any writing thereupon has been finally signed and executed, it is rendered unfit for use; or 316 ACT No. XVIII of 1869. or when, because of some error in the drawing up or copying of any writing thereon, discovered before such writing has been finally signed and executed, it is rendered of no avail; or when, by reason of death or refusal of the party whose signature may be necessary to effect the transaction intended by such writing, it remains incomplete and of no avail; or when, by refusal of any office or trust granted by a writing thereon, it has failed of the purpose intended; or when, by reason of failure of consideration, the transaction intended to be effected or evidenced by a writing thereon cannot be effected or evidenced; or when the transaction intended to be effected by a writing thereon has been effected by some other instrument duly stamped; or when, in the case of a negotiable instrument, such instrument is, by reason of non-delivery to the payee or person acting in his behalf, or other cause, never brought into use; or when, in the case of a bill of exchange other than a bill drawn in a set, it has not been presented for acceptance or payment.