830

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

42. Where an unpatd seller has made part delivery of the
goods, he may oxereise his right of lien or retention on the
remainder unless such part delivery has been made under
such circumstances as to show an agreement to waive the
lien or right of retention.

43. (1) The unpaid seller of goods loses his lien or right of
retention thereon

(@) when he delivers the goods to a carrier er other

hailee or custodier for the purpose of transmission to the
buyer without reserving the right of disposal of the
goods,

(b)} when the buyer or his agent lawfully obtains

possession of the goods,

(c) by waiver thereol,

(2) The unpaid seller of goods, having a lien or right
of retention thereon, doe. not lose his hen or right) of
retention by reason only that he has obtained judgment or
decree for the price of the goods,

Stoppage in transitu.

44. Subject to the provisions of this Ordinance, when the
buver of goods become. insolvent, the unpaid seller who
has parted with the possession of the goods has the right of
stopping them fa dransitu, that is to say, he may resume
possession of the goods long as they are in course of
transit, and may retain then until payment or tender of the
price.

45. (1) Goods are deemed to be in course of transit: from
the time when they are delivered to a carrier by land or
water, or other bailee or custodier, for the purpose of
transmission to the buver, until the buyer, or his agent in
that behalf, take. delivery of them from such carrier or
other bailee or custodier.

(2) If the buyer or his agent in that behalf obtains
lelivery of the goods before their arrival at the appointed
destination, the transit is at an end.

(3) Hf, after the arrival of the goods at the appointed
destination, the carrier or other bailee or custodier ack-