1930 SALES AND NOTICES. [ART. 83

(b) If the goods are rejected by the buyer, and the carrier or other
bailee continues in possession of them, even if the seller has refused
to receive them back.

(2) Goods are no longer in transit within the meaning of section
78—

(a) If the buyer or his agent in that behalf obtains delivery of the
goods before their arrival at the appointed destination;

(b) If, after the arrival of 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; and it is immaterial that a further
destination for the goods may have been indicated by the buyer;

(c) If the carrier or other bailee wrongfully refuses to deliver the
goods to the buyer or his agent in that behalf.

(3) If goods are delivered to a ship chartered by the buyer, it
is a question depending on the circumstances of the particular case
whether they are in possession of the master as a carrier or as agent of
the buyer.

(4) If part delivery of the goods has been made to the buyer or
his agent in that behalf, the remainder of the goods may be stopped in
transitu, unless such part delivery has been under such circumstances
as to show an agreement with the buyer to give up possession of the
whole of the goods.

1910, ch. 346, sec. 77 (p. 289).

80. (1) The unpaid seller may exercise his right of stoppage in
transitu either by obtaining actual possession of the goods or by giving
notice of his claim to the carrier or other bailee in whose possession
the goods are. Such notice may be given either to the person in actual
possession of the goods or to his principal. In the latter case the notice,
to be effectual, must be given at such time and under such circum-
stances that the principal, by the exercise of reasonable diligence, may
prevent a delivery to the buyer.

(2) When notice of stoppage in transitu is given by the seller to the
carrier, or other bailee in possession of the goods, he must redeliver the
goods to or according to the directions of the seller. The expenses of
such delivery must be borne by the seller. If, however, a negotiable
document of title representing the goods has been issued by the carrier
or other bailee, he shall not be obliged to deliver or justified in deliver-
ing the goods to the seller unless such document is first surrendered
for cancellation.

1910, ch. 346, sec. 78 (p. 289).

81. (1) Where the goods are of a perishable nature, or where the
seller expressly reserves the right of resale in case the buyer should
make default, or where the buyer has been in default in the payment