Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-25
Un,tcd States Of America, Eastern Dislcict Of w;

Un,tcd States Of Amey,ea, Eastern Dis!ciet Of W.
ginia-Nf.
THO the Marshal for the Eastern District OF
i Virgin greeting:
Whereas Samuel Hopkins Sylvester Smith,
Matthew Dorling and Charles Hopkins, OF Brook
haven in The county OF Suffolk, New York, have
exhibited libel in the District Court OF Virgi-
MIA alleging in substance, that they were the
Joint owners OF a schooner called the Volta, built
in Brookhaven in 1896, and enrolled according 10
the act of Congress, in July, 1929 which said
vessel or schooner, in December, 1889, with
Charles Hopkins master, sailed from the port OF
ST. Jago de Cuba, on return voyage 10 the port
Of New York, in the United States; and that, in
The month OF January, 1910, when off the coast OF
the United States, from tempeStuous weather and
apprehensons 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
sci, though deeming il prudent 10 leave her al the
lime, with his crew. yet did so with view to get
assistance, and return and lake possession he
never having contemplated an entire abandon.
nenl; and the situation OF the vessel, as was seen
after the storm had abated, being such, that it was
manifest ii could, by the said Charles Hopkins
and crew have been possessed and carried safe
y into its destined port that after the said schoon
or VOLTA was abandoned, under the circums,an-
ccs as before stated, on the high seas by her
master and crew, she was fallen in with BY the
ship Madison, of Petersburg, Virginia, c. D..
Wood master. L. E. Stainback, Son & Co. own
ers, and was, by the said ship Madison and her
master and crew lowed into the harhor oi Nor
folk, Virginia, and there on the 81 OF March,
1910, was publicly sold, for the sum OF 81 ,G25,
which said sum Of money was received by the
said L. F. Stanback, Son & Co; that The pro
ceeds arising from the sale OF The said schooner
~ L. -, r. "A Cfatnb.rR Son Il
Co. taken possession Of, and received, and by
them are still retained and held, without any legal
process to authorize such proceedings and with
out any previous notice 10 the owners OF The said
schooner Volta.
And whereas, the Judge Of our said District
Court hath ordered, directed and appointed Tue
18th day of May next for the said Llttleberry +.
Slanback and Francis c. Stainback, surviving
partners Of Liltlebeiry E. Siainback, Son & Co,
and all others concerned 10 be cited and inlma-
ted loappear al the United States Court ROOM in
the city Of Richmond and show cause, if any
they have, why judgment should not pass as
prayed-you are, therefore, hereby authorised,
empowered, and strictly enjoincd, perempoTily to
cite and admonish the said Litileberry +. Stain
back and Francis c. Sta,nbatk, (arho IS nor re-
siding az Ncao Or'eans,) surviving partners OF Lit
teberry +. Stainhack Son & Co, c. D. Wood,
master OF snip Madison, and all persons whatso-
ever, having, or pretending 10 have, any right Ii
liz, interest or claim, in or 10 The said schooner
Volta, or the proceeds of the sale OF the same (by
leaving with the said Lillleberry f. S,anback a
copy Of this process, and publishing the same
once week in some newspaper printed al The
city OF Richmond) TO be and appear al the time
and place appointed as aforesaid, before The Judge
aforesaid, and also to appear at every session and
sessions to be held there, aud from thence until
the defniliye sentence shall be read and pro-
mulgcd in the said business, inclusively, and 10
proceed TO adjudication in the Premises and 10
abide by and perform all and singular such ln,,
dicial acts as are necessary and BY law required
to be done and expedited in The premises; and,
further, to do and receive what unto law and jus.
tice shall apperain under pain OF the law and
contempt thereof, the absence and contunacy 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,e: P. MAYO, elk:
EDMuND CHRISTIAN, Marshal q. s., E. D. Va,
March 2l-w9w