WAGES AFFECTED BY MISCONDUCT.--A seaman may forfeit his wages by gross misconduct; and if not forfeited, he may be liable to have a deduction made from them, for any damage caused to the owner by such misconduct. To create a forfeiture, his misbehavior must be gross and aggravated.[216] A single act of disobedience, or a single neglect of duty, will not deprive him of his wages.[217] A refusal to do duty in a moment of high excitement caused by punishment will not forfeit wages, unless followed by obstinate perseverance in such refusal.[218] Where _drunkenness_ is habitual and gross, so as to create a general incapacity to perform duty, it is a ground of forfeiture of wages. But occasional acts of drunkenness, if the seaman in other respects performs his duty, will not deprive him of his wages.[219] In this, as in all cases of neglect, disobedience, or wilful misconduct, which do not create a forfeiture, a deduction may be made if the owner has suffered any loss.[220] [216] 4 Mason, 84. Bee, 148. [217] 4 Mason, 84. [218] Do. [219] 2 Hagg. 2. 4 Mason, 541. [220] 4 Mason, 541. I Sumner, 384. Bee, 237. 2 Hagg. 420. Gilpin, 140. 1 Pet. Ad. 168. In one instance a forfeiture of one half of a seaman's wages was decreed, in consequence of his striking the master. He did not forfeit the whole, because he had been otherwise punished.[221] [221] Bee. 184. If the seaman is imprisoned for misconduct, he does not forfeit the wages that accrued during his confinement, nor, what amounts to the same thing, is he bound to pay those of a person hired in his place during his imprisonment.[222] [222] Gilpin, 83, 140, 33. Ware, 9. If the crime of a seaman is against the laws of the United States, and too great for the master's authority to punish, he must be confined and brought home to trial. But this does not forfeit his wages, though any loss or damage to the owner may be deducted.[223] [223] 1 Pet. Ad. 168. In all cases of forfeiture of wages for misconduct, it is only the wages due at the time of the misconduct that are lost. The wages subsequently earned are not affected by any previous misbehavior.[224] [224] 4 Mason, 84. If a seaman or officer is evidently incapable of doing the duty he shipped for, he may be put upon other duty, and a reasonable deduction may be made from his wages.[225] [225] Ware, 109.