STOPPAGE IN TRANSITU. 25 



the consignee, (a) 4. It is barred by transfer of the 

 bills of lading, or other documents of title, by the buyer 

 to a third party, who is in good faith, and takes them 

 onerously ;(6) but the right is not defeated by part payment 

 of the price ;(c) nor by arrestment ; (cZ) nor by a claim by 

 £1 sub-vendee, unless under a bona fide indorsement of a bill 

 of lading, or a transference of document of title under the 

 Factors Act. (e) 5. It is only competent on the buyer's 

 declared insolvency or bankruptcy. (/ ) 



The right to stop in transitu is competent only to seller 

 or consisfnor, or to the asfent of a seller to whom a bill of 

 lading is transferred, ((/) and it imj)lies a countermand of the 

 order to deliver to the buyer, and a fresh order to deliver to 

 the seller which the carrier is bound to obey. Qi) 



24. Mode of Stopping. — The most effectual method of 

 stopping is by a warrant of a judge ordinary or a magis- 

 trate. It may be exercised by taking actual possession, (-i) 

 or by written notice ; but verbal notice to the immediate 

 custodier of the horse is sufficient, (j) if given in such 

 a manner as he may with reasonable care direct his ser- 

 vants not to deliver the horse to the buyer ;(/.;) but a mere 

 notice to a creditor of the buyer is not sufficient. (J) There 

 is no formality required, as any active steps for resuming 



(a) The test is that the middleman must be independent of both seller and 

 buyer. Ersk, iii. 3, S, n. 



(h) Lickharrow v. Mason, 2 Ross' L.C. 92 ; 40 & 41 Vict. c. 39, § 5. 



(c) Hodgson v. Log, 1797, 7 T.R. 440 ; Melrose v. Hastic, 1851, 13 D. SSO ; 14 

 D. 268. 



(d) Louson V. Craik, 1842, 4 D. 1452 

 (c) 40 & 41 Vict. c. 39, § 5. 



(/) B.C. i. 242. 



{g) Morison v. Gray, 1824, 2 Bing. 260. 



{h) Stoppel (b Co. V. Stoddart, 1850, 13 D. 61. Louson, cit. 



(t) Morton v. Ahercromhic, 1858, 20 D. 362. 



(j) liohertsons v. Aitken, 1801, Mor. v. Sale, Appx. No. 3. 



(k) Whitehead v. Anderson, 1842, 9 M. and W. 518. 



{l) liohertsons, cit. 



