The transfer of an enemy vessel to a neutral flag, effected before
the outbreak of hostilities, is valid, unless it is proved that such transfer
was made in order to evade the consequences to which an enemy vessel,
as such, is exposed. There is, however, a presumption, if the bill of
sale is not on board a vessel which has lost her belligerent nationality
less than sixty days before the outbreak of hostilities, that the transfer
is void. This presumption mny be rebutted.
Where the transfer was effected more than thirty days before the
outbreak of hostilities, there is an absolute presumption that it is valid
if it is unconditional, complete, and in conformity with the laws of the
countries concerned, and if its effect is such that neither the control
of, nor the profits earned by, the vessel remain in the same hands as
before the transfer. If, however, the vessel lost her belligerent nationality
less than sixty days before the outbreak of hostilities, and if the bill of
sale is not on board, the capture of the vessel gives no right to damages.
