The rule of the common law, that the gist of the action consists in the loss of the services, is followed, and it may be stated. as a general rule, that where an action per quod servitium amisit would not lie at common law, no suit can be brought in admiralty.1 In one case, where a minor child was shipped, with the consent of a father on a certain voyage, and the libel, brought by the father, alleged gross and cruel treatment of the child, to the injury of his health, and his subsequent death, jurisdiction was sustained, and the libel determined upon its merits.2 On an appeal, Story, J., denied the jurisdiction of the circuit court over the case, mainly because the libel sought compensation for positive or permissive violation of an agreement for "good, careful, tender, and parental usage," which, although in connection with services which were to be performed upon the seas, were held to render the contract one of so mixed a nature, that the admiralty could not take cognizance of it. It has, however, always seemed to us that he shrank, in this case, from the possibility of unduly extending the bounds of admiralty jurisdiction, with more than necessary caution. 1 See Steele v. Thatcher, Ware, 91; Plummer v. Webb, Ware, 75. 2 Plummer v. Webb, Ware, 75. 3 Plummer v. Webb, 4 Mason, 380, 385. 55 A TREATISE ON THE LAW OF MARITIME PROPERTY AND CONTRACTS. BOOK IV. ON THE PRACTICE OF ADMIRALTY. INTRODUCTORY. THE leading principles and forms of admiralty jurisdiction come down from a very remote antiquity. The commerce of Rome was important, at the time when the civil law was attaining its highest excellence; and the rules and principles adopted for the legal regulation of this commerce were founded upon a clear perception and a wise consideration of the reason and justice of every case. They have survived, therefore, the Roman dominion, and their influence, not to say their authority, extends over continents unknown to Rome; and more in reference to this than any part of her law is the old saying true, that she still governs the world, but now haud ratione imperii, sed imperio rationis. The civil law, under that name, prevails on the continent of Europe, particularly in its maritime law; and during the many ages which have elapsed since that law was in force, proprio vigore, important modifications have been introduced, as, for example, the rule that freight is the mother of wages, and therefore if that |