\
24 1=nnnnAL`nn1>onrmn. ·
form~only,`which shall not tend 'to‘the prejudice of the·defendant."’»· If
l this provision is to be given anyetfect as a curative statute, it fits the
presentcase, andremedies the irregularity cornplainedjof. The defend-
`ant was present in courtthroughout the trial. The indictment was not
» only read in the defendant’s presence, but he took the stand as a'witncss,
and in that capacity denied substantially all `of the material charges
therein contained. The issue of not guilty was as clearly made before
` the jury as it could have been Qinade by a formal arraignment anda
formal entryon record _of defendant’s plea. In face of the statute above
quoted, we cannot grant a new trialforan irregularity in theproceeding
which could not_ possibly have tended to the defendanlfs prejudice. In ’
this connection see U. S. ·v. McKee, 4 Dill. V1. · _
_ _ ~ _ . A Tum Queen or Sr. Jor-1Ns.’ ”   `
` ·"(’0n·cilii G'¢YuM,’ M D. Flqéjida. December`13, 1886.) ` A A
1. Msnrrrum LAW+;“WAIVER·OF·LIEN. Q. · ‘ , , · .
. Taking a note and givingtime will not necessarily, release the maritime
lien resulting from supplies furnished a vessel. ' ‘
` 2. SAME—LIEN or OWNER. (   ` · A · — · · _
» One who is amanager or part owner of a vessel should not? be allowed a
lien upon her¤to the prejudice of outside lienyholders. __ . ,
8. SAME-Snxrrmms IN Home Pour. ‘ Z
r ` It is well `settled that advances and supplies made to a vessel in her home
port are presumed to be made on the credit of the owners,-and no maritime
1en results. , . ~ ,- Ar . A
, Appeal in Admiralty. A A·
In this cause, submitted on the transcript and evidence,`the court finds
the following facts: y o A  
. ~ (1) The Queen of St. Johns was owned by the Favorite Navigation Company,
a corporation created under thelaws of Kentucky, at Covington, Kentucky,
· in November, ,1884., ‘ _ A ‘
(2) Thatthe original stock of the said company was divided into 500 shares,
and was taken November 21, 1884, as follows: Certz)‘ioate.9 o_/'Stock: (1) 100
shares, $100 each, to W. R. Kemper; (2) 100 shares, $100 each, to Sarah Mor-
.—ton; (3) 50 shares,$100each, HénryMorton; (4) 50 sl1ares,$1*00 each, Henry
Mo)rt)a)n); (5) 200 shares, $100 each, Frank M. Morton. Total, 500 shares,
$5,  _ A
. M (3) That nent day Henry Morton, the president of the corporation, reported
» that the bill of Asale‘conveying"‘the steamer to the corporation had been left
for record atthe custom house in Cincinnati, where she was enrolled. There
was no subsequent enrollment. ‘ A * =   ( ‘
‘ ~ (4) That thecarticles of incorporation provided that the capital stock of the
companywas ‘fto be paidin in cash, on or before the twelfth day of December,
1884/’ (article 5;),and that the said corporation shall be managed by a pres·
ident and two directors, who shallbe chosen by ballot from the stockholders
‘ *Reported by Joseph P. Horner, Esq., ofthe New Orleans bar. `