case Jonson against SHEPNEY the court of admiralty have jurisdiction in the  case of a hypothecation bind give by the master of a ship for necessary  occasion by distress at sea although the contract be upon land S c salk S c  Mod S c holt S c ld ray a ship be in distress on the high sea in her voyage  put into Boston in newengland and there be hypothecate by the master for  necessary and be libel against here a prohibition be move for because the  contract appear to be upon land even on their own libel it be urge against it  that if the distress which occasion the contract be on sea though the thing be  bargain and agree for at land for it be not to be suppose they can he have at  sea in case of hypothecation they have jurisdiction otherwise the prejudice  will be intolerable to navigation and the case of Benson v Jeoffries in Hilary  term be quote holt chief justice when a ship be in distress in her voyage and  hypothecate for necessary we allow the admiralty a jurisdiction for there be  no other way for the captain to have credit but that and they can have no  remedy by our law against the ship this point be argue and resolve by all the  judge in the case of Crostwick v Lowsely in the first year of William and mary  salk a Powell justice add that although in that case the libel lie the  contract to have be super deeply mare yet the court take notice of it as do at  Rotterdam but be in the voyage and occasion by a distress at sea it be hold  well enough within their jurisdiction the hypothecation of ship be absolute  necessary for the preservation of navigation for the master have nothing else  to get credit with and the admiralty be the only court that can give they  remedy if a ship in harbour here in England be hypothecate they shall not sue  for it here the master can at any time sell but he may hypothecate in the  voyage for necessary see Menetone v Gibbons term Rep in which it be determine  on the authority of this 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 under seal and by the case of Ladbroke v cricket where the court of  admiralty have give a sentence it shall be take that they have jurisdiction  unless the contrary appear you the face of the proceed term Rep a modern er p  but the libel be against the ship and the party the court say they will send a  prohibition as to he unless quatenus it be necessary to make he the party  towards the condemnation of the ship and so it be do