Sale of Goods. [Ch. 31. No. 9.

(6) when a bill of exchange or other negotiable
instrument has been received as conditional payment,
and the condition on which it was received has not been
fulfilled by reason of the dishonour of the instrument
or otherwise.

(2) In this Part of this Ordinance the term — seller’
includes any person who is in the position ofa seller, as for
instance, an agent of the seller to whom the bill of lading
has been indorsed, or a consignor or agent who has himself
paid, or is directly responsible for, the price.

40. (1) Subject to the provisions of this Ordinance and of
any Ordinance in that behalf, notwithstanding that the
property in the goods may have passed to the buyer, the
unpaid seller of goods, as such, has by implication of law—-

(a) alien on the goods or right to retain them for the
price while he is in possession of them ;

(6) in case of the insolvency of the buyer, a right of
stopping the goods tm transit after he has parted with
the possession of them ;

(c) a right of re-sale as limited by this Ordinance,

(2) Where the property in goods has not passed to the

buyer, the unpaid seller has, inaddition to his other remedic, ,
aright of withholding delivery similar to and co-extensive
with his right of lien and stoppage a ¢ransita where the
property has passed to the buyer.

Unpaid seller's lien.

41. (1) Subject to the provisions of this Ordinance, the
unpaid seller of goods who is in possession of them is entitled
to retain possession of them until payment or tender of the
price in the following cases, namcly

(a) where the goods have been sold without any
stipulation as to credit ;
(6) where the goods have been sold on credit, but the
term of credit has expired ;
(c) where the buyer becomes insolvent.
(2) The seller may exercise his right of lien notwith-
standing that he is in possession of the goods as agent or
bailee or custodier for the buyer.

829

Rights of
unpaid
seller,

Seller's lien,