WAGES AFFECTED BY DESERTION OR ABSENCE.--It has been seen that if a seaman, at the commencement of the voyage, neglects to render himself on board at the time appointed, and an entry thereof is made in the log-book, he forfeits one day's pay for every hour's absence; and if he shall wholly absent himself, so that the ship is obliged to go to sea without him, he forfeits his advance and as much more.[199] And if at any time during the voyage he absents himself without leave, and returns within forty-eight hours, he forfeits three days' pay for every day's absence; but if he is absent more than forty-eight hours, he forfeits all the wages then due him, and all his clothes and goods on board at the time.[200] These forfeitures cannot be exacted against the seaman unless there is an entry made in the log-book on the same day that he left, specifying the name of the seaman, and that he was absent without leave.[201] [199] Act 1790, ch. 56, §2. [200] Do. §4. [201] Gilpin, 83, 140, 207. Ware, 309. But independently of these regulations, and without the necessity of any entry, &c., a seaman forfeits his wages for deserting the vessel, or absenting himself wrongfully and without leave, by the general law of all commercial nations.[202] If, however, the seaman is absent without fault of his own,[203] or if he is obliged to desert by reason of cruel treatment, want of food, or the like, he does not forfeit his wages. But in such case, the seaman must prove that the treatment was such that he could not remain without imminent danger to his life, limbs, or health.[204] If the voyage for which he shipped has been abandoned, or there has been a gross and unnecessary deviation, he does not forfeit his wages for leaving the vessel; but then the change of voyage must have been actually determined upon and known to the seaman.[205] [202] Ware, 309. [203] 1 Mason, 45. Bee, 134, 48. Gilpin, 225. [204] 1 Pet. Ad. 186. Gilpin, 225. 2 Pet. Ad. 420, 428. Ware, 83, 91, 109. [205] Gilpin, 150. 2 Pet. Ad. 415. Even if the seaman shall have clearly deserted without justifiable cause, or absented himself more than forty-eight hours, yet, if he shall offer to return and do his duty, the master must receive him, unless his previous conduct would justify a discharge.[206] And if he is so received back, and does his duty faithfully for the rest of the voyage, the forfeiture is considered as remitted, and he is entitled to his wages for the whole voyage.[207] If, however, the owner has suffered any special damage from the wrongful absence of the seaman, as, if the vessel has been detained, or a man hired in his place, all such necessary expenses may be deducted from the wages.[208] [206] 1 Sumner, 373. [207] 2 Wash. 272. Gilpin, 145. 1 Sumner, 373. 1 Pet. Ad. 160. [208] Gilpin, 145, 298, 98.