case watkinson versus BERNADISTON at the roll Eq can ab pl on a ship be repair  in the river Thames and fit out there with new ring and apparel the ship  itself be not liable but the owner by if repair or fit out at sea where the  master alone may hypothecate in this case it be decree by the master of the  roll and seem to be admit by the counsel on both side that if a ship be in the  river Thames and money be lie out there either in the repair fit out new ring  or apparel of the ship this be no charge upon the ship but the person thus  employ or who find these necessary must resort to the owner thereof for  payment and in such a case in a suit in the court of admiralty to condemn the  ship for nonpayment of the money the court of law will grant a prohibition and  therefore if the owner after money thus lie out mortgage the ship though it be  to one who have notice that the money be so lie out and not pay yet such  mortgagee be well entitle without be liable for any of the money thus lie out  for the benefit of the ship as aforesaid and the ship be no more liable for  this money than a carpenter lie out money in the building of a house have a  lie upon the house in respect thereof though by the law of holland he have but  this not be the law of England such carpenter must resort to those who employ  he or to the owner of the house for his money but it be true that if at sea  where no treaty or contract can be make with the owner the master employ any  person to do work on the ship or to new ring or repair the same this for  necessity and encouragement of trade be a lie upon the ship peer William and  in such case the master by the maritime law be allow to hypothecate the ship  the ship in question have be sell and the money bring into court and a  reference have be make to the master to inquire and state the nature and  extent of the demand of the several party on this money and how far they  affect the say ship the master after state the claim of the mortgagee  Bernadiston report that the plaintiff be the master or commander of the ship  and that there be due to he on the that of march from the defendant pain the  owner of the ship for his the say plaintiff and his sailor wage and for money  disburse by the plaintiff on account of the say ship in Carolina Ireland and  other place in her voyage from newengland to London the sum of pound and the  say master also find that the plaintiff do at the defendant pain desire and by  his direction employ the several tradesman name in the schedule to do work and  find provision and material for the say ship since the that of march and that  the say plaintiff in confidence that lie shall be continue master of the say  ship do for and on the defendant pain account promise to pay to the say  several tradesman for such work provision and material the several sum mention  in the schedule amount to pound S halfd several of which sum the say plaintiff  have be sue for and force to pay And the say master also find that since the  that of march the plaintiff disburse on the say ship account and there become  due to he for his and man wage further sum to the amount of pound S halfd  which say several sum of pound pound S halfd and pound S halfd be the whole of  the plaintiff demand to the payment whereof the say master conceive the say  ship be liable the master be direct to review his say report certify that he  see no occasion to alter the same but the cause be set down to be hear upon  the say report before the master of the roll his honour declare that the  plaintiff demand of pound S halfd pay to tradesman for work do and for provide  provision and material for the say ship and so much of the sum of pound S  halfd as be disburse by the say plaintiff on those account be not a lie on the  say ship and dismiss the bill as to they but his honour further declare that  the say sum of pound and so much of the say pound S halfd as be due for the  wage of the plaintiff and his seaman cc be a lie on the say ship Reg lib b fol  the reason of take the account with particular reference to the that of march  appear to have be that on that day the plaintiff be prevail upon by the  defendant pain to give a peer William er p receipt in full of all demand in  respect of the say ship although no money be in fact pay in order to enable  pain to make the mortgage to Bernadiston in consequence of which the plaintiff  demand be postpone to Bernadistons mortgage as appear by the decree make on  the original hear of the cause Reg lib b fol vide Justin v ballan salk Lister  v Baxter stram fix part shank atk Buxton v she ves Samson v Braginton ves  Wilkins v Carmichael Doug Westerdell v dale t r Hussey v Christie Ves east  wood v Hamilton Abbott on ship n smith v plummer b a ex part Halkett rise V b  Ves