[77] Act 1803, ch. 62, §4. The whole policy of the United States discourages the discharge of seamen in foreign ports. If the seaman is discharged against his consent, and without justifiable cause, he can recover his wages up to the time of the vessel's return, together with his own expenses. The certificate of the consul will not, of itself, prove the sufficiency of the cause of discharge. Though the seaman shall have made himself liable to be discharged, yet if he repents and offers to return to duty, the master must receive him, unless he can show a sufficient cause of refusal.[78] If the master alleges, as a cause for discharging a seaman, that he was a dangerous man, it must be shown that the danger was such as would affect a man of ordinary firmness.[79] [78] Ware, 65. 4 Mason, 541, 84. [79] Ware, 9. In addition to the master's liability to the seaman, he is criminally liable to the government for discharging a mariner without cause. The statute enacts that if the master shall, when abroad, force on shore or leave behind any officer or seaman without justifiable cause, he shall be fined not exceeding five hundred dollars, or imprisoned not exceeding six months, according to the aggravation of the offence.[80] [80] Act 1825, ch. 276, §10. Notwithstanding these liabilities, the master may discharge a seaman for gross misconduct; yet the right is very strictly construed.[81] [81] Abbott on Shipp., 147, note. IMPRISONMENT.--The master has the right to imprison a seaman in a foreign port, in a case of urgent necessity, but the power has always been very closely watched by courts of law. "The practice of imprisoning seamen in foreign jails is one of doubtful legality, and is to be justified only by a strong case of necessity."[82] "The master is not authorized to punish a seaman by imprisonment in a foreign jail unless in cases of aggravated misconduct and insubordination."[83] If he does so punish him, he is not permitted to deduct his wages during the time of imprisonment, nor charge him with the expense of it.[84] If the imprisonment is without justifiable cause, the master is not excused by showing that it was ordered by the consul.[85] And, generally, the advice of a consul is no justification of an illegal act.[86] [82] Gilpin, 31. Ware, 19. [83] Ware, 503. [84] Ware, 9, 503. [85] Ware, 367. [86] Gilpin, 31.