davidaulloa/AmericanStories huggingface dataset:
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07
BALTIMORE AND OHIO RAIL ROAD
HANSON & BLACK

=
Forsc@diag and Commission MERCHANTS.
R ESPECTFULLY inform the Farmers.
q Miiers, Merchants and the public in
general, that they have commenced business
in that convenient and conitnodidus stone
Warehouse, recently erected by MIR. Lewis
BireIy Immediately at the
Depot; in Frederick Town,
!. FOR THE RECEPTION OF
Flour, Wheat, Rye, Whiskey, Clover Seed.
and other produce. for which they will at ali
times. give fair market prices, or forward
promptly agreeably to Instruction.
Merchandise and other property, received
and forwarded at The lowest charges.
If strict attention, and prompt and exact
execution OF any business confded to them,
be Objects OF consideration, they hope to re-
Iceive share ofpublic patronage.
REFERENCES:
PErEE BErsor. Cashier Branch Ba,ik United
ates-CinciuRoti
Megsrs. Forsyth, Attcrburg g. Co. Wheel,
ing, Hrgiaia.
Thomas Miller. clayseius.
William Hoiydsy. Hagerssoon.
W HSH5s si Il ks,ll. Frederick City
David Cumm;ns, 4
Wurts, siasgrave & wu,t, philadelphia
Fl. & w. X. Whue.. -
Messts James Barroll,
Hopkins & brothers,
Robert ID. Burns,
Joel V,ciers, l -.
David Beatty s. Co. na's'"'oTsf
Hall & Co.
J. & G. BalizelI,
Earnest & Cowies
All kinds Of Merchandise destined to. Or
from Philadelphia, ordered to This House,
will be received and forwarded (if desiredJ
10y JOEL VICKERS, lower end Of Com.
merce street wharf Baltimore. to whose
warehouse Said rail runs
-. FOR SALE.
| PLASTER, SALT,
Il. WHlSKEY. FISH, Be
Frederick City, Jan. "a. 1856 !
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07

. aiudblI ILdItd iOi SdICA :.
PURSUANT 10 a decretal order Of the
IL Circuit Superior Court of Law and
Chancery of Berkeley county, September
term, 1892, rendered in the case OF James
Sheerer, plaintiff, against Jesse Wright, the
representatives Of William s. Porterfeld,
decd. and John Kisipger, deits. the under,
signed, as Commissioner named in the said
decree, will sell at public auction. in front
of the Court House of Berkeley county, on
Saturday Ae 10th day Of February nert, a
3sfsSN TRACT OF LAND,
&1 lying and being in the caonty
foresaid, situate on the Potomac
- River. adjoining the lands of Da
vid H. Allen and others, containing ninety
acres, being part of tract of 500 acres,
conveyed to Jesse Wright and William s.
Porterfield by James Sheerer and Mary his
wife. by deed bearing date February 18th,
1919. upon the Following terms, to wit: the
payment Of one third in cash, the balance
in two equal annual payments with interest
from the date, the deferred payments to be
secured by deed Of trust on the land OF
ibis land one third is River bottom, upwards
of one third covered with timber. Any per
son disposed to purchase, on application 10
Messrs. Archibald or Alexander p Oden,
will be shewn the land.
CHARLES ID. STEWART, Conf,
January II, l333.--ts
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07

AUCTIONS!-To-day.
PUBLIC SALE

TWILL be sold on the seventh Of Febrna.
Wv ~ next. before the tavern door o.
William kroesen, IN the town OF Martins
burg, several .NEGR OES. belonging to the
estate of Ebin Taylor. deceased.
GRIFFIN TAYLOR, .4dm'r.
Of Ebn Taylor, dec'a.
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07


For deposites payable sir1
months after desacnd. cert per annum OF
ficates shall be issued bear 5 per cent.
ing interest at the rate
For depositcs payable niae-
~ days otter demand. cert per annum Of
fica.es shall be issued bear per cent.
ing interest at the rate
For deposites payable sta
ty Days after demand, cert- per annum Of
fcates shall be issued bear 2 8 per cent.
ing interest at the rate
By order, =.
GEO MOSHER, Cashier.
February 7, 1888. 7-1y
g. The Torch Light and Mail, Hagers-
town; Martinsburg Gazette, and Charlestown
Free Press; will publish the above one year,
and charge Washington County Bank.
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07
Valuable Farm for Rent.

January "a, lsss-,ts
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07
1ruLa @AHlaPTlaa
MARTTNsBURG. FsBRuARY 4. 1888.

g7-The officers and managers oil the Co.
lonization Society of Berkeley county are
requested TO meet on the business Of the
Society, at the Clerks Office Of the Superior
court, on Saturday evening next, the 9th
instant, at early candle light.
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07

20,694 Prizes-l9 .466 Blanks. sIe0 900
Tickets $500; Halves s2Oo; Quarters 81
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07
SHENANDOAH BRIDGE LoTTFR,
Tickets S4-Halves S2-Quarters 81.

Second glass for 1888, to he drawn at War
renton, Fauqnier county, Va on Wednesday
the 18Th day of March, 1888
Ten Prizes Of One Thousand Dollars!
Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1833-02-07

Virginia Senator.--In the House Of Dele
gates, on the SOth ult., the election of Sc
nator Of the United States, in place Of Mr.
Tyler, whose term expires on 4th March,
was postponed to Friday, 18th instant.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02

Atthe old Store Of Wm. end John Vars.
WILL keep constantly on hand, for sale
w by whcle sale and retaii-Flour and
Provisions Corn, Cheese, Butter, Salt, New
York Crackers by the bbl., Soap Wy the boz
together with q general assortment Of Ship
Stores and Grocerics--a complete assortment
Of Manila and Tarred Rigging.
ALso-a good lot of Lackawana and Vir-
ginia Coal for families and Black Smiths
and Charcoal of The best kind.
Jan. 22, 1882.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
DIR. RELIES
ur3orANIUAL DROPS

VI OV - "A ~ &O&A 0&AOS - 4 =
rs one of the most efiicacious compounds IN
L the Materia Medica, for the cure OF that
class OF invctcrate Diseases, produced by an
impure state Of The blood, and vitiated hab
il OF body, and usually exhibiting themselves
in tho forms of Scrouta, Salt Rheum, Lepro
81, 81. .anthony's Fire, Fever Sores, leven
when the bones are affected.) Whhe S'eet
iings, Gf applied with DR.. Jebb's Lininsent.(
Foul and Obstinate Ulcers, Sore Legs and
Eyes, Scald- head IN Children Scurry and
Scorbuiic Coui, Pimpisd or Carbuneled fa-
css, Fssisring Erstpiions,snd YenGeai Iairfs'
throughout The body, in which last case the
Drops often cure when Mercury fails. They
are also the best Spring and .antunnal
Phisic to purify and cleanse the system from
humours which frequently appear at these
seasons ofthc year. They also aid The pro.
cess Of digestion, and, by purifying the blood,
prevent the secretion of malignant humonrs
on the lungs. The proprietor confidently
relies upon the vast number of surprising
cures effected by these Drops, not only in
Boston and its vicinity, but throughout the
Union, for the best proof Of their excellence
as an unfailing Alternative Medicine, in all the
cases above specified. This article has re
Gently been pronounced by physician OF the
first respectability, who had witnessed it'
surprising efficacy, as entitled, in his opinion
to take the lead Of all the popular articles
known for the above complaints, and indeed
it is fast gaining this point in public estima
tion, throughout the country.
Price 81 a Bottle, or Sir Bottles for 80.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
wDY PEP STA,


OF long standing, and Of the most obsii-
" nate character, has been Immediately
relieved, and often permanently cured, in a
variety Of cases that have occurred in Boston
and vicinity, by using for short time
DR. RELIES VEGETABLE SPECIFIC
ANTI.BILIOUS PILLS,
both OF which are to be taken together. ac-
cording to paiuabte, plain and practical direc.
tions accompanying the Spaciic. Price SO
cts. each.
Mono are genuine unless signed on
the outside printed wrapper, by the sole PRO
prietor, T. KlDDER, Immediate successor TO
The lato DR.. w. Il. CONWAY. For sale at
his Counting Room, over No. 90, Court
street, near Concert Hall, Boston, and also
by his special appointment, by
DR.. II. r. HAZARD.
At the SIGN Offhe n
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02

II RESPECTFULLY informs the fnhabi
H tants and sisiters Of NEwPoRr, that he
still continues at his old stand,
No. 124, Thames-street.'
Where he keeps constantly on hand good
assortment Of Confectionery, Toys. and Cor.
diais, at wholesale or retail.
Ice Creams, Soda, and Mead, which is too
well known to need any Recommendation.
Ice.
.Hso.--A large quantity Of ice for the
season, any one wishing for Ice can be fur
nished for three months with 10 pound per
day, for $500 pound per day, for Sl0,--
by the single pound, one cent.
Jane l2.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
CO-PARTNERSHIP FORMED
A HOWE,
j. r METCHEAR.

"AVING entered into CO partnership in
IL the discharge Of the duties Of Livery
Stable, respectfully solicit part Of the pub
lie patronage. They have two separate sta
bles--one will be kept at the Bellevue Hotel,
aud the other on the north side of Pelham 81.
next above Mr.. Townsend's Coffee House.
Their horses and carriages are second to
none, and close attention will be paid to the
calls and wishes Of all who see proper to ex-
tend to them their favors. They will always
be in readiness to attend TO the arrivals and
departures Of the Steamboat. In q word
they are prepared to meet any exigency
which usually comes within the sphere Of
their BUSINESS, horses kept for long or short
period. Terms liberal.
June 49,
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
Feather Beds.
and Matras-
ses, for
Sale.
Alfred Barker.

III WING taken the Stores No. 81 and
ll6.2, Thames street,. formerly occupied
John. Maxson, and 2 doors south Of Mr..
Henry Potter's-Intcnds keeping a good
assortment Of Feather Beds; and curled
hair, moss and cotton Mattresses. lso for
sale, .fmerican, Russia geese, and fowl
Feathers curled hair and Southern moss.
Beds, Mattresses, and Cushions, made 10
order at short notice.
(. May 8.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
Double width
Italian Silks,

VERY Elegant article for dresses just
Y received from Now York by,
WIN. e. COZZENS e. Co.
Also.--New Goods of every description
arriving daily which will be offered very low
and accommodating terms. March 27.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
l. HIGH co AL.

TNHE Subscribe: has made arrangements
l. with the agent ofthc Lehigh Coal Com.
pany, 10 DO supplied, constantly, with the
best Of the Lehigh soft and hard, at as res i.
sonahle terms as can be afforded, when it
srriye5. :. =.
The soft Lchigh has been tried in Phila.
delphio, and approved of in the kitchen and
parlour CRATES steam engines and cupola
furnaces, it burns brilliantly, and gives more
blaze and without the Stag, dross cinder, and
the impurity is common to most other coal.
A cargo is expected soon.
July17. WM. VARS.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02


From The Washington Globe - --scptcmbcr %.
II has been generally known for some
months past that the propriety of with
drawing the public dcposites from the
Bank Of lire United States was under
consideration and engaged much of the
attention Of the President and Of the
different members Of his Cabinet, all Of
whom had been called upon by the Pre-
sident to assist iu his deliberations on
this subject, After very full and care
ful examination, the President came to
the conclusion that the public depositcs
ought 10 be removed TO the State Banks,
and his opinion was communicated in
writing to his Cabinet on Wednesday,
last, at meeting held specially for that
purpose, and the cts and reasons on
which It was founded. As public atten-
ton has been drawn to this subject, it is
deemed proper, in order to prevent mis-
understanding or Misrepresentation, to
lay before th, people the communion.
,ion made by The President as above
mentioned, and a copy has been furnish
ed to us for that purpose, which wa now
proceed to publish.
Removal OF tile Public De-
pOsitcs. y
Read TO the CABINET on the 18th Of
Sept. 1888.
Having carefully and anxIously con-
sidered all the facts nnd arguments
which have been submitted to him, reln-
tive 10 a removal Of the public deposiies
from the Bank Of the United States, The
President deems il bis duiyto con,muni-
cate in this manner to his Cabinet, the
final conclusions Of hls own mind, and
the reasons on which they are founded
in order to put them in durable form,
and 20 preyent misconceptions.
The Presidents convictions of the
dangerous tendencies Of the Bank of the
United Sia,cs, since signally illustrated
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
DUMrRIES'

EOR sore or inRamed Eyes. gives immedi.
l. ate case and relief. On recent sore
eyes, the effect is most salutary. Where the
complaint has been of years standing. and in
some exceeding bad cases, the most unex,
pected and desirable relief has been found in
the use ofthis EYE Water, after every 9th
er remedy had failed. Many persons who
have used il, pronounce It the best prepara-
tion for these complaints they have ever met
with, especially in cases os soreness or in
flsmation oflong standing.
Price I5 cents q bottle.
sX*None are genuine unless signed on the
outside printed wrapper, b. the sole proprie
tor, r.. KTDDER. immediate .uccessor to the
late DR.. w. +. CoNwAY. For sale at his
Counting Room, over No. 80, Court street
near Concert Hall, Boston, and also by his
special appointment, BY >. -
DIR. r. r.. HAZARD.
- At the sign Of the :.
GOLDEN MORTAR
Washington Square.
Newport, r. /.
ALSO,
At the sign ofthe
GOOD SAMARITAN
8 doors south Of Market Square,,
Newport,' II. I.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02
DR.. RELIES ARMOATIC PILLS.
M FOR rEnGIES

DIR. RELIES ARMOATlC FILLS.
Ip FOR FEnGLEs
sINEEY purify the Blood, quicken its cir.
u culation, assist the suspended operation
or nature, and are general remedy for the
prevailing complaints among the female par;
of society The Pills are particularly efficac
ious in The Green Sickness. Palpitntion OF
the Heart, Giddiness, Short Breath, Sinking
of tho Spirits. Detection and Dissemination
to Exc else and Society. Married ladies
will findthe Pills equally useful, except in
cases Of pregnancy, 'ohen they must not be
taken ;neither must they bo taken by persons
of hectic or consumptive habits. Price 81,
So a box.
ALSO.
The celebrated CABR1A,
TOOTHACHE PILLS, which give imme
dinte relief without the loase injury 10 the
Teeth. On trial this will be found one ofthe
best remedies known for this complaint. Price
50 cents box.
None genuine unless signed on the
outside printed wrapper, by tho sole proprte
tor. T. KTDDER, immediate successor to the
late DR.. w. T. CONWAY. For sale at his
Counting Room, over No. 80, Court street.
near Concert Hall, Boston, and also by bis
special appointment, BY
DIR. II. r.. HAZARD.
At the sign Of the
GOLDEN MORTAR,
WAsHINcroN SoUARE,
Nerport, X. l.
ALSO, At the sign Of TIC
GOOD SAMARITA N
3 doors south Of Markot Square,
NswAoKT r. ].
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02

THE Subscriber having been approved
= by the Hon. Court Of probate Of the
town Of Coventry as Guardian Of Sarah s.
Remington a Minor Of fourteen and under
twenty. one years of age and having given
bonds according TO law hereby calls on oil
persons having demands against the said
Sarah to exhibit the same to him within six
months from the date hereof. and those in
debted to make immediate payment.
DAVID S. HOLLOWAY.
april 81. CIV.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02

NOTICE.
TNHE Subsciber has during the past week
Il received large additional supply Of
European and Domestic Spring goods Of ev-
cry description which enab. i,bim to offer
to customers very large and elegant as.
sortment at prices that cannot fail TO please
THOMAS FOWLER, Jr.
The Rhode-Island Republican. [volume] (Newport, R.I.) 1809-1841, 1833-10-02

Cogent, imperative, and unanswerable
reasons for tho withdrawal Of the dcpos-
i,s were expected, and are now GWEN
They cunnot fail amply TO satisfy the
public and to ensure general approba-
ton Of the measure. Without referring
at all to the corrup,icns Of the Bank ad-
rninistralion, this step was rendered inc-
raable by tho fact. that rs the law
stands, unless the Head ofthe Treasury
transferred the agency, it could not he
transferred until the moment when the
Bank charter expires and to save the
Treasury from loss, and arrangement,
aud confusion, aud the country from i'm
barrassment and distress, the new plan
of collection should be organised and
the transfer effected now while it can be
done advantageously and easily, and not
delayed until the Bank is Withdrawing
It's note, from circulation and collecting
it, vast debt. Besides, in the words Of
the Evening Post--",Ffe details given by
Gencru! Jackson Of the modes in which
yhe Bank sough, TO avoid the payment
of so much Of ,,e deposits as the Treas
|ury Department had occasion for to ex-
Bend in liquidation Of the public debt,
the negotiations which it entered into
for that purpose, the stratagems which
| il devised, the equiv cations and subter-
| fuges of which it whs guilty, and the en-
rassments it occasioned the Governments
furnished in themselves abundant reason
to Withdraw at once the national funds
from the keeping of so scheming and dis
honest an agent. The conduct Of the
Bank in tho matter of the dishosorcd
draft was separate, and, in itself, suf-
tictept cause for such a measure on the
nnfk Of the Government. But when is
AZ Odd to all this the enormous power of
Ic. fkNptlon possessed 10y the Bank-a
power lodged in the hands Of single
scheming, cunning, reckless individual
IA power known to have beon freely
exercised for the most shameful Turpos-
cs-- When these things are considered,
in connex;on with the other reasons,
who will he foolhardy enough to deny
that the President was not merely justi-
6ed, but obliged, by every consideration
of honor and patriotism, to nci the part
which lie has acted; Fortunate 1t is for
the Republic tina. we have nj the nations
head one whose firmness is equal to any
emergency-one who never evaded any
responsibility, or shrunk from amy
duty"
The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1833-12-07

X win be recolIected, that the citizens
of Newark presented to Mrs Clay an ele-
CANT carriage in which her husband was
conveyed to New York. The ffiends Of
this gentleman al Philadelphia, have COM
pIetsd shs establishment BY adding horses
and harness.
DR. Casthcart, Of New York, (Ps, states
that during the elapsed period oftbe pres
ent year, &here have been no less than 1876
murders and suicides in the United States;
and probably many has escaped his OBJ
servafion. 60
A correct list Of the persons killed, and
injured by the late accident on board ths
steamboat IlIineis, he's heen furnished By
Bell, ths clerk, 10 the Cincinnati editors
from which Il appears that six adults ant
six children were scsided to death, foul
aulis iost overheard, nine wer. badl,
scaldcd, seven slightly sesIdIy.
The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1833-12-07
To the Editor of the Northern Star.

AZ tue EOitOI VI tuc NOILucr0 Guar.
SIR; have read in yourpaper of the soth ol
November last, with great pleasure the resolutions
passed in Warren the sutject ofthe extension Of
suffrage, and the absurdity of living under The Chm
ter granted by King Charles. Why - Ii that we
do continue to Acknowledge this charter as tie ba-
sis sf our government What did our fathers
fgttfor, bat against taxatien without representa-
tiOns They did not fight for the sake Of transfer
ring despotism from the British Government, to .
government to be established here; they fought
for the entire abolition of despotism. They Tough,
for thatwhich our brethren in the other States en-
joy-a free and equal governmeut--a government
which would give to no one, nor to any class or
set Of men, power by which they might ride ov-
er the rights Of any other man or Get Of men,
What appears to me astonishing 10, TINT % import
ant subject should not have hitherto awaksnsi
more general attention. consider that Il rsdounds
to the hSnor Of the town Of Warren. that i
should come forward in the manner il has dsne.
swish sach decided resolutions. You ,psy bessA-
mred that there are many in Providence whs cor
dinlIy respond to those resolutions ard paai
fiesAsldeys smons them. Il ipot ths 1saA ~
perssss among those crsditsbls resolutioas. that
CONVENTION shOuld - called for the purpose q
forming Prox for General Oficess for the -,
ing year, Of those friendly to On extension Of uf.
frags. A APRovIDENcE FREEHoLDsa.
Providence, Dec. 2. 1888.
The Northern star, and farmers' and mechanics' advocate. [volume] (Warren, R.I.) 1830-1834, 1833-12-07

<o6 1ab cxX8s
Mr. Editor;
Permit me to call your attention to q subject
which though frequently dscusssd, still, on account
of its intrinsic importance, deserves a candid and
careful attention. i allude to the subject of tenn
perance. Ipresume need offer no apology far.
appearing in public sshs advocate Of such a caass
Ms this. I may be told am harping upon an old
subject Enough it may be said has been already
written. To this l answer by asking, What is the
object Of writingl Is it not solely to abolish the
evil of inten,perance This is granted. Then, is
the evil abolished : Certainly not It 6olowa
therefore, that enough has not been written ON the
subject.
lido not however intend to take any new view Of
the subject Of temperance. only wish to call
the attention Of the inhabitants Of shis town to this
important subject. This do not do because think
there is especial need Of it here more than in 9th
er places. am proud to boast of the temperate
habits Of the inhabitants Of Warren. / believe no
town in New England has presented during the
last ten years fewer examples of the gross Woes Of
intemperance than the town Of Warren. Still il ID
a fact that we have intemperance among rs; and
we ought to employ all possible means to psevsn,
its ravages So tar have nodoubi all win accord
with me in sontiment About he .nsaas>sf.ye
venting the ravases Contemporaries there may bs
difference Of ofopinion. Some havo uoubted the Of
icacy Of Tsnperancs Societies. but the object.
ions which lavs been raised against these insehu.
tions have all boen answered and overthrown b.
the best Of all evidence, actual ssPsysmsnts-
The glorious revolution that has been accomplish
cd by means Of these societies 10 proof Of thei
efficacy, which sephistIy cannes destroy, which
their warmest opposers cannot ssinssy. q,
through the towns Of New England and observe
the ei,ects ofthess societies visit thsavsrns an
the dram shops and see fyou find them the fash
ionabIs places Of resort that they were few year
lego. 60 Into the private families Of the people
tths country and - If you find the sideboard load
; ed with poison that was sohsidsrsd slmoss indiu
: lpsnsbis in every fanily . fsw years ago. Whe
Iths effects Of Temperance societies in breakin
! down shsss barriers TO the progress Of tsupss~sc
. y observed, lei every candid msn ak himsslf
Y These socssiss have not been bleuing 70 N
!, country And f Temperance societies have ID
. vanced the oause ofOirtue and lsssened the vice
2 Of intempersncs, ask every candid, every mora
levcry christian man. IL he 10 not bound to suppo
'tien, bound b, s'~y consideration Of duty to b