case johnson against shippin refer to Castrique v lmrie l r h l the dictator p  a hypothecation bind give at land by the master of a vessel for necessary to  supply damage do by stress of weather at sea be good S c salk S c Mod S c holt  S c ld ray prohibition be pray to the admiralty for libel against a ship upon  a suggestion that the contract be make at land videlicet at Boston in new  England but it appear the ship be so damage by a storm that the master be  force to hypothecate part of her for necessary take up at Boston aforesaid to  supply the damage do by the stress of weather whereupon a prohibition be  refuse and it be resolve that when a ship in a voyage be in distress this  court will allow the admiralty jurisdiction in case of a hypothecation because  this court can give the party so proper a remedy as the maritime law can  beside the original cause be by reason of the distress and where shall a  master hypothecate his ship unless be do it upon land a see Leicester v Baxter  stram ld ray Samson v Bragington vezey Benson v jefferies ld ray Justin v  ballan ld ray Wilson v bird ld raym a for it be absurd to suppose he to meet a  ship on modern report er p the sea able to supply he with necessary and what  security can the master be suppose to give unless he hypothecate the ship for  though the maritime law do not allow the master to sell her yet it allow he to  mortgage her for the reason and occasion aforesaid though he be no owner of  her which our law be absolute a stranger to so that shall the admiralty be  prohibit their law quoad hypothecation fall to the ground which the court say  will be a great inconveniency a see Osman v well post hide v partridge post  and the case of Menetone v Gibbons in which last case it be determine on the  authority of the principal case that the court of admiralty have cognizance of  a hypothecation bind give in the course of a voyage though it be execute on  land and be under seal term Rep a modern report michaelmas term the three of  queen whether in the queen bench sir John holt Knt chief justice sir John  Powell Knt sir Littleton powys Knt sir Henry gold Knt justice sir Edward  Northey Knt attorneygeneral sir Simon Harcourt Knt solicitor general