[Footnote 167: The _Jan Frederick_ (1804), 5 C. Rob. 128.] [Sidenote: Transfer of Goods on Enemy Vessels.] § 92. The subject of the transfer of enemy goods on enemy vessels must likewise be considered as forming part of the larger subject of enemy character, for the question is here also whether such a transfer divests these goods of their enemy character. And concerning this question[168] there was likewise no unanimous practice in existence among the maritime States before the agreement on the Declaration of London. British and American practice refused to recognise a sale _in transitu_ under any circumstances or conditions, if the vessel concerned was captured before the neutral buyer had actually taken possession of the transferred goods.[169] On the other hand, French practice recognised such a sale _in transitu_, provided it could be proved that the transaction was made _bona fide_.[170] The Declaration of London now stipulates, by article 60, that enemy goods on board an enemy vessel retain their enemy character until they reach their destination, notwithstanding any transfer effected after the outbreak of hostilities while the goods are _in transitu_. Hence if such enemy vessel is captured before having reached her destination, goods consigned to enemy subjects may be confiscated, although they have been sold _in transitu_ to subjects of neutral States. A special rule is provided for the case of the enemy consignee of goods on board an enemy vessel becoming bankrupt while the goods are _in transitu_. In a number of countries[171] an unpaid vendor has, in the event of the bankruptcy of the buyer, a recognised legal right to recover such goods as have already become the property of the buyer, but have not yet reached him (right of stoppage _in transitu_). For this reason, article 60 of the Declaration stipulates in the second paragraph, that if, prior to the capture, the neutral consignor exercises, on the bankruptcy of the enemy consignee, his right of stoppage _in transitu_, the goods regain their neutral character and may not therefore be confiscated. [Footnote 168: See Hall, § 172; Twiss, II. §§ 162 and 163; Phillimore, III. §§ 387 and 388; Dupuis, No. 1421, and _Guerre_, Nos. 68-73; Boeck, Nos. 182 and 183.] [Footnote 169: The _Jan Frederick_ (1804), 5 C. Rob. 128; the _Ann Green_ (1812), I Gallison, 274.] [Footnote 170: See Boeck, No. 162; Dupuis, No. 142.] [Footnote 171: Great Britain is one of them, see Section 44 of the Sale of Goods Act, 1893 (56 & 57 Vict. c. 71).] CHAPTER II THE OUTBREAK OF WAR I COMMENCEMENT OF WAR