Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-03-21
United States 81 Amerieo, Eastern Disteid Of Pr

Ua,led States of imerie0 Eastern Disle;d Of Vlr-
giaia-Sct
ITO the Marshal for the Eastern District OF
i irginia-greeting
Whereas, Samuel Hopkins, Sylvester Smith,
Matthew Dorlng aud Charles Hopkins, OF Brook
haven in the county OF Suffolk, New York, have
exhibited libel in The Dislric, Court OF Virgil
MIA, alleging in substance, that they were The
Joint owners OF a schooner called the Volta, built
in Brookhaven in 1886, and enrolled according 10
The act OF Congress, in July, lS39, which said
vessel or schooner, in December, 1859, with
Charles Hopkins master, sailed from the port oil
ST Jaco lie Cuba, on a return voyage 10 the port
OF New York, in the United States; and that, in
the month OF January. 1910, when OIL The coast ut
the United States, from tempestuous weather and
apprehensionS as TO the safety OF The vessel, she
was abandoned By the master and whole crew.
that the said Charles Hopkins master of said yes
sell though deeming il prudent 10 leave her al the
time, with his crew, yet did so with a view 10 get
assistance, and return and take possession, he
never having contemplated au entire abandon
meni and the situation of the vessel as was seen
after the storm had abaed, being such, that il was
manifest it could, By The said Charles Hopkins
and crew, have been re.possesSed and carried safe
" into its destined port that after the said schoon
er Volta was abandoned, under the circumstan-
ccs as before stated, on the high seas, by her
ship Madison OF Petersburg Virginia c. D.
Wood master, L. L. s;tainbacli, Son & Co. own
e:s. and was, by the sail ship Madison; and her
master ana crew, lowed into the harhar o: Nor
folk, Virginia, aud there, on the :, OF March
1910, was publicly sold, for The sum OF 81 ,625
which said sum of money was received b. the
said L. E. Slainback, Son & Co. that the pro-
ceeds arising from the sale Of The said schooner
VOLTA were, by The said L. E. Stainback, Soa <
~ - nd ,,,,I 10,
them are still retained and held. without any legal
process 10 authorize such proceedings and with
out any previous notice 10 The owners Ol the said
schooner Volta.
And whereas the Judge Of our said District
Court hath ordered, directed and appointed The
l:h dav OF MAY next Tor the said LilllcbeIry L.
Slainbcck and Francis c. StanbacS, surviving
partners OF Llebe.ry +. Stanback, Son & Co.,
and all others concerned, 10 be cited and intma-
ted TO appear al the United States Court Room in
The city OF Richmond, and show cause, if any
they have, WIZ judgment should not pass as
pfayed-you are, therefore, hereby authorised,
empowered and strictly enjoined, perelnptorily 10
cite and admonish the said Lttleberry E. Stain
back and Francis C. Statnback, Uric Is now re-
siding IN Nc,, Orleans surviving partners of Lit
tleberry E. Stainback, Son s. Co, c. D. Wood,
master of ship Madison, and all persons whatso-
ever having, or pretending 10 have any right, IL
H., inieres, or claim, in or TO he said schooner
Volta, or the proceeds of the sale of the same, (by
leaving with The said Liltleberry f. Slainback a
copy Of this process and publishing tie same
once week in some newspaper printed a; the
city Of Richmond 10 be and appear a, the time
and place appointed as aforesaid, before the Judge
aforesaid, and also 10 appear at every session and
sessions TO be held there, and from thence until
The definiiye sentence shall be read and pro-
mulged in the said business incusively, and to
proceed 10 adjudication in the premises and 10
abide By and perform all and singular such ju.
dicial acts as are necessary and by law required
10 be done and expedited in the premises; and,
further TO DO and receive what unto law and JUS
,ice shall appcrtain under pain OF The law and
contempt thereof, the absence and contumacy OF
them and every of them Notwithstanding And
whatsoever you shall do in the premises you shall
certify unto the Judge aforesaid, at the time and
place aforesaid, together with these presents.
Witness The honorable James D. Halyburton.
Judge Of our said District Court this fourth day
Of March, ls45.
A Copy-Tes,c: P. MAYO, Clk.
EDMUND CHRISTIAN, Marshal U. s., E. ID. Va.
March 2l-w9w