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PART II - HAGUE RULES 145Article 3 (1)(a) - SeaworthinessARTICLE 31. Le transporteur sera tenu avantet au début du voyage d’exercer unediligence raisonnable pour:a) Mettre le navire en état de navigabilité.ARTICLE 31. The carrier shall be bound beforeand at the beginning of the voyageto exercise due diligence to:a) Make the ship seaworthy.ILA 1921 Hague ConferenceText submitted to the Conference[xlvii]Article 3 - Responsibilities and Liabilities.1. The carrier shall be bound before and at the beginning of the voyage to exercise duediligence to-(a) Make the ship seaworthy.Second day’s proceedings - 31 August 1921[81]The Chairman: It is the will of the Committee that Article 3(1) stand part of thedraft?Mr. Algot Bagge: May I ask a question in regard to the relation existing between 1and 2? In 1, it is provided that the carrier is bound to make the ship seaworthy. In theCanadian Act, it is stated “to make and keep the ship seaworthy”. Now, I supposethere are two ways of taking care of the goods: the one is the direct way, and the otheris the indirect way. The indirect way is to make and keep the ship in seaworthy condition,so that the goods are not damaged whilst they are carried. The direct way is, Isuppose, to take due care of the goods whilst handling, loading and stowing them. Ishould like to know whether No. 2 does cover the indirect way of taking care of thegoods, or whether it merely refers to the direct way, when handling the goods? If itdoes not, I suppose it would be better to put in the words “keep the ship seaworthy”;otherwise, in the event of the voyage having begun, if the shipowner does not keep theship seaworthy, it would not be covered by 1 or 2.[82]The Chairman: I should like to hear what Sir Norman Hill has to say, because myimpression is that the intention here is that the shipowner shall be obliged to have theship during the voyage in a seaworthy state; that is, not only to send it forth in a seaworthystate, but to maintain it during the voyage, and that the word was used withthat intent, but Sir Norman Hill will tell the Committee.Sir Norman Hill: Mr. Chairman. The words in the Canadian Act are “to make andkeep”. Those are not the words in the Harter Act. As I understood it, and I think thatis as the cargo interests generally understood it, the obligation in regard to seaworthinessis up to the time of starting on the voyage. To begin with, before you start loadingyour cargo you must have a seaworthy ship, a ship worthy to take that cargo, andwhen she leaves on the voyage she must still be seaworthy. If you go further than that,