Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-04-11
April 4-w2n

United States Of Amertca, Eastern Distcict OF V,r-
gtnia-sei.
mo the Marshal for the Eastern District OF
L Virginia-greeting
Whereas, Samuel Hopkins, Sylvester Smith,
Matthew Doring and Charles Hopkins, of Brook
haven, in the county OF Suffolk, New York, have
exhibited a libel in the District Court of Virgil
mia, alleging in substance, that they were the
joint owners OF schooner called the Volta, bull,
in Brookhaven in 1886, and enrolled according to
the act OF Congress, in July, 1889, which said
vessel or schooner, in December 1899, with
Charles Hopkins master, sailed from the port of
St Jaso 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 tempeSluous weather and
apprehensions as TO the safely Of the vessel, she
was abandoned by the master and whole crew;
that the said Charles Hopkins master of said YES
sci, though deeming prudent 10 leave her al The
time, with his crew, yet did SO with view TO get
assistance and return and lake possession, he
never having contemplated an entire abandon
meni; and the situation of the vessel, as was seen
after the storm had abaed, being such, that it was
manifest it could, by The said Charles Hopkins
and crew, have been re-possesscd and carried sale
" into lis destined port that after The said schoon-
er Volta was abandoned, under the circumstan-
ces as before stated, on the high seas, by her
master and crew, she was fallen in with By the
ship Madison, of Petersburg, Virginia, G. D..
Wood master, L. z. Stainback, Son 4 Co. own
ers, and was by the said ship Madison, and her
master and crew, towed into the harbor OF Nor
folk, Virginia, and there, on the ID of March,
1910, was publicly sold, for the sum OF 81 ,625
which said sum Of money was received by the
said L. E. Stainback, Son & CO.; that the pro-
ceeds arising from the sale OF the said schooner
Volta were, by the said L. L. Stainback Son &
Co., taken possession OF, and received, and BY
them are still retained and held, without any legal
process 10 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 the
18th dav of MAY next for the said Luleberrv E.
S,ainback and Francis c. Stainback, surviving
partners of Li!tleberry E. Stainback, Son & Co,
and all others concerned, TO be cited and intima-
ted oappear 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 enjoined, peremptorily TO
cite and admoniSh the said Li,tleberry E. Stain
back and Francis c. Sta,n1ack, (arh0 is ,rom &c
siding in Neg Oreans,) surviving partners of Lit
lleberry E. Stainback, Son & Co, G. D. Wood,
master Of ship Madison, and all persons whatso-
CsSi, HdFiuSj VI PlCtSDuiHS " navy, any iISH' u
tla inleres, or claim, in or TO the said schooner
Volta, or the proceeds of the sale Of the same, (by
leaving with the said Li,tleberry f. Siainback a
copy OF this process, and publishing The same
once week in some newspaper printed at the
city Of Richmond,) TO be and appear al the time
and place appointed as aforesaid before the Judge
aforesaid, and also 10 appear at every session and
sessions 10 be held there, aud from thence until
the delinitive sentence shall be read and pro-
mulged in the said business, inclusively, 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
to be done and expedited in The premises; and,
further, TO do and receive what unto law and jus.
tice shall appertain 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, l845
A Copy-Teste: P. MAYO, elk.
EDMUND Christian, Marshal U. s.. E. D. Va.