2720 ARTICLE 83.

he may resume possession of the goods at any time while they are in transit,
and he will then hecome entitled to the, same rights in. regard to the goods
as he would have had if he had never parted with the possession.

An. Code, sec. 79. 1910, ch. 346, sec. 76 (p. 288).

79. (1) .Goods are in transit within the meaning of section 78—

(a) From the time when they were delivered to a carrier by land or
water, or other hailee for 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;

(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 car-
rier 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 ques-
tion 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.

An. Code, see. 80. 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 posses-
sion 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 circumstances that
the principal, by the exercise of reasonable diligence, may prevent a de-
livery 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 delivering the goods to
the seller unless such document is first surrendered for cancellation.