CD 1896.]
SALE OF GOODS.
[No. 4.
179
48. Where an unpaid seller has made part delivery of the goods, he Part delivery.
exercise his right of lien or retention on the remainder, unless such delivery has been made under such circumstances as to show an agreement to waive the lien or right of retention.
44.(1.) The unpaid seller of goods loses his lien or right of reten- Termination
thereon-
(a.) when he delivers the goods to a carrier or other bailee 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 thereof.
(2) The unpaid seller of goods, having a lien or right of retention thereon, does not lose his lien or right of retention by reason only that he has obtained a judgment for the price of the goods.
Stoppage in Transitu.
of lien.
transitu.
45. Subject to the provisions of this Ordinance, when the buyer of Right of goods becomes insolvent, the unpaid seller who has parted with the Possession of the goods has the right of stopping them in transitu, that is to say he may resume possession of the goods as long as they are in course of transit, and may retain them until payment or tender of the price.
46. (1.) Goods are deemed to be in course of transit from the time Duration of when they are delivered to a carrier by land or water, or other bailee the purpose of transmission to the buyer, until the buyer, or his agent in that behalf, takes delivery of them from such carrier or other bailee.
(2) If the buyer or his agent in that behalf obtains delivery of the goods before their arrival at the appointed destination, the transit is at
End.
(3) If, after the arrival of the goods at the appointed destination, the Carrier or other bailee acknowledges to the buyer, or his agent, that he holds the goods on his behalf and continues in possession of them as bailee for the buyer or his agent, the transit is at an end, and it is immaterial that a further destination for the goods may have been indicated by the buyer.
(4) If the goods are rejected by the buyer, and the carrier or other bailee continues in possession of them, the transit is not deemed to be at an end, even if the seller has refused to receive them back.
(5) When goods are delivered to a ship chartered by the buyer, it is a question depending on the circumstances of the particular case
12A
transit.