davidaulloa/AmericanStories huggingface dataset:
Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-11-05

GEORGE CHORPENNING, Defendant.
The People Of the State OF California, To George Choir.
prnninV, GREETING
Iuu hereby required to appear action brought
against you by the above named Plaintiff in the District
Court VI the llth Judicial District IN and for Cnu "
Of II Dorado. and 10 answer III Complaint filed therein
copy Of which accompanies this summons within ten
days eNcusve Of the day of servcr after tie wee on
you II this Summons-n served within this County; II
served 81 this County, lint within this Judicial Dis
rict within twenty days II served Of said District
then within forty days,-or Judgment BY default will be
taken against you.
The said action brought recover judgment for the
sum az Fourteen Thousand aud Sixtyone G. M Dollars
t+6l 6') and costs and expenses of suit, for goods,
wares aud merchandise, sold and delivered by said P.
til To said Defendant and for money paid aud expended
nj the special Instance and request OF Defendant Plain
tin as set forth in Plaintiffs Complaint file herein and
II You fail to appear and answer the SAFE, Complaint as
ah"ve required the said Plaintiff will take iugm,
YOU for said sum and costs according the prayer VI said
Complaint
by order Of Hon. James johnson, County Judge.
- Given under my hand with the seal Of said
Us Court affxed at Office in the City nf Placer.
/ willie, this Seventh day Of October, In the year
~ Of our Lord One Thousand Fight IIu dre aud
FnV.nne.> WM. A. JANUARY, Clerk.
@-Sm By OGDEN SorIREs, Deputy Clerk.
Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-11-05
PETIT & CHOATE.
FOR SALE
NOTICE

hereby given that Thirty days from this date or a.
SOON thereafter petition can be heard We the
undersigned will apply &c the Hon. the Board OF SuDervI
sora Of Dorado County for renewal Of License 70 keen
Toll Bridge the eOuh Fork Of the American River
at CniOntOWnI-knOwn ~ the Union Bridge
CHAS L. IN0ALSBE
CniOntOvn, oct sth, 1s59-SI5
Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-11-05
GArfi6nafA

], the ahdeFslgned, Governor Of HunRary do tesH
hereby that DR CZAPKAT has served during the Goa
tess OT Hungarian bery Chief Surgeon In the Hun.
garan Army, With faithful peTSeVegenee-WheTeof have
given him this ceFacAe, and do recommend him to the
sympathy, attention and protection al those Gho are
capable o. apPreciApg paTiOc selfSAcrnce and unde
served mifOsTtuno. KOSsUTH LAJOS, -
Governor Of Hungary.
Warrington, Jan- eth, %. f26-8ml
Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-11-05

Tie GrsGteAf GfA n1pry eIh A2p-Er"Ht HeASing Ia
NGnkind-IRRorsHf bEt Iftent
DIR. l.. j. CZAPkAYF PrOphlActicum tsrlf-is fecting
AgentlA ntAtVe AgAItt GuLUrILHa and Syph
little diseases and Unsurpassed remedy for all vrnrT-r
ecrOfuOua Gan eveDoAH and CancrTOus UlcerS TRtd III.
charges from Vagina, Uterus and Crrra. and all CuGa
Erupti0ns and dfseaSss For sale al Dr. L. Crap
kAy's ONCE Sa~Tanento 1t. below Montgomery opp"sts
Pacific MAI Steamship Co.'S Office Ar incubation is =
preventative against small p0x ir DR.. L. j. Cahpkays
PTOphIlActieum preventive against Syphilc and Goh"r
ThGAI esAsea. Harmless in itself it passea+s the power
OF chemically destroying the Syplitic Virus and thereby
saving thousands OF debauchecs from being Infected by
the loathsome Of all diseases. Let Young
who appreciates health be without Dr Czspkayr rrOphlar
tcum II il in very convenient Packages, and sill he
found convene being useL soap. Price IS
RoF sale DR.. LJ CEapkays Private Medical and Surg
Institute Sacramento st. below Montgomery, opposite
PACIFIC MAIL STEAMSHIP co.'s OFFICE.
~ All orders must Be addressed TO L. CLapkHy,M D.
Ban Francisco { California.
Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-11-05

DARAs0Ls AND FANS, large assortment Of the most
i 6ssasiNal siylSs, a. A. BLoCHS
Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-11-05

CARD, the undersigned. having been under
"A the treatment Of DR.. cLapkay, although unsic-
tied feel called upon give publicity the efficacy Of his
treatment hoping that by doing may he instrumental
In preventing others from the fearful suffering and misery
which experienced, and which often result fro ,h
perncous practices Of pretrndrrs. My dsrp = hs ~
that Of physical and mental debility whc' roll"r.S CON
sequence Of IndscTetiOns In youth. The aRonrs Viii,
endured are perhaps: Unnecessary for me to detail they
are known to those WhO have experienced them suffice
say that having called the services NJ Dr. L. Gar.
kay Into !equissiOn, all the expectations which may nave
formed OF MIA we're more than realized. would there.
lore recommend Dr.. cSApkay 10 all who may md them.
selves aniieed with that dreadful mAlady my object in
doing being sympathy for suffering humanity and heart.
felt desire Of lieVlng them.
D. J. DAHLEE, Printer.
State Of CaIfOsnis, City and County Of San FRANCHISE
Ss On this S1st dsy Of July, A. D. 1885, before me- VIM
G. Jewett, Notary Public, personally HppeAred D. BAH
lee, known TO me- whO being daly sworn din depose ana
say that the contents Of the card herewith signed b.
him are true
In witness wAs!eOs have hereunIO set my hand, n:
AAixed my oAcial seal, the day and year Grst ahS-
written. VIM. C. JEWETT
r. 81 Notary Publ
Mountain Democrat. [volume] (Placerville, El Dorado Co., Cal.) 1854-1860, 1859-11-05
SUMMONS.

OTATE OF CALIFORNIA, County Of II Dorado In tn
- District Court Of the llth Judicial District.
ACTION brought In the District Court ot the th Judcs
District and the Complaint filed in the County of
Dorado in the Office Of the Clerk Of sid District Cuu
In and for said County and State.
L. b RICHARDSON, Plaintiff.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
1000 AGENTS WANTED!
To SELL BY SUBSCRIPTION,
DIR. ARNOLD'S

Lectures on Anatomy, Physiology, HySeine and
Disease-iis Cause, Preresfion and Cure.
WRITTEN in familiar style, designed for
w the general reader. Highly illustrated
with excellent wood cuts, BY the very best Art
lists in the west.
This is a book gotten up with great care and
expense, and is made so simple and comprehens-
i've thatevery one thatrcads it can coEprehendit.
1t contains great variety of the most valua-
BILE receipts for almost every disease that man.
kind is subject to containing over 400 large IL
mo. pages, and bound in embossed muslin, gilt
back. Retail price 81 so. A sample copy will
be sent by mail to any part of the United States,
on receipt Of the retail price, also full list OF
nv publications. Address II. NJ. RULLISON,
Queen City Publishing House, l4l Main street,
Cincinnati, Ohio or, if living East, D. RUL-
LIS0N, Philadelphia.
P.S.-Editors giving this adVertisem mt three
or more insertions, including this notice, and
mailing me copies Of paper marked, containing
the same, shall have a copy mailed to their ad-
dress, prepaid. novls, So
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
THE NEW YORK LEDGER.

THE NEW YORK LEDGER has attained
the extraordinary circulation of ONE HUNDRED
AND NINETY THOUSAND The Ledger is devoted
70 polite literature, original tales, sketches, poe
try, essays, gossip and current news, and main
tains high moral tone. 1t is everywhere &C
knowledged to be the best family paper in the
world Hence its extraordinary and unheard-
Of popularity. Mr.. Bonner, the proprietor Of the
Ledger, employs the best talent in the country,
and by so doing, makes the best paper. Such
writers as Fanny Fern, Edward Everett, sylvia
nus Cobb, yr, aud Emerson Bennett, arc perma-
nently engaged on it, and will write for no other
paper hereafter. Mrs. Sigourney, also, con-
stantIy writes for it /; so do most Of other pop
uIar authors, including Mrs. Emma ID, Z: N.
Southworth, Alice Carey, Mrs. Vaughan, Mary
w. Stanley Gibson, Clara Sydney, &c.
The New York Ledger is printed on beauti-
full white paper, and is composed OF eight pages,
making the handsomest weekly paper in the
country. 1t is published every Saturday, and
sold at all the news Offices in every city and town
throughout the country and is mailed for sub
scribersat Two Dollars per anuum; two copies
are sent for three dollars. Any person obtain
ing eight subscribers at so each, (which is our
low estsciab rates, and sending MS 81 2, viii be
entitled to one copy free. Terms invariably in
advance. y Address all letters 70 se 81 80
ROBERT. BONNER,
Publisher Of the New York Ledger, A, Ann
Street, New York. janS0S9
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
STEAM FERRY
$4,000 AT
WHITE CLOUD!

A LARGE, new and excellent IL \
II Steam Ferry Boat has-been
placed in the Missouri River, at White Cloud
which win be run in all kinds Of weather, when
the river Is open, as often as may be required
on week days; and on Sundays, four times, viz:
between the hours Of 8 and 10 o'clock, A. NJ,
and the hours Of and o'clock, p. NJ.
/ This place is the terminus of the State Road
from Fl. Des Moines, Iowa; there Is an excel
lent road leading to Forest City and Oregon,
Mo-; and good roads leading into the back
country of Kansas and Nebraska, 70 which
White Cloud is at least six miles nearer than
any other river town. This Boat is one of the
best in the river, and is manned by an experien-
ced Engineer and Pilot, and sober, active and
punctuai set of hands. Persons wishing to have
themselves, their stock, lumber, or freight Of
any kind transported across the river, will find
White Cloud the place for them to be accommo-
dated in the best manner, with the least posi-
BILE delay on either shore.
Ferrying done at reduced rates.
june 10, So, If.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03

A gentleman in this city has just re.
ceived via. Fl. Kearney. private lettel
from friend in the mines, whose state
ments can be relied upon in every partic.
uIar, and who represents that his mosl
sanguine expectations have been more
than realized. The country is rich in
mineral wealth. and is as fine an agricuI-
tural region, as any portion Of Kansas.
We make the following extract from his
letter, which is dated Cherry Greek, Nov.
10Th, 1858. s-rss 3 = q.
"You need no longer doubt about the
gold in this region. Ii is fixed fact.
Every portion Of the country is teeming
with mineral wealth. The miners are
making from IS to s15 per day. with
the rudsst Of implements, and with no
facilities fOr mining greater than picks
and pans. aHd long toms. have pros
pectsd large scope of country. and speak
from personal knowledge. when l say
that fortunes can and will be made here.
You can depead aPon this. Advise all
who think Of coming out. to start with
a six mOath's supply of provisions. and
to come ia companies Il possible. They
will get along much better. aud can assist
each Gther in ease of emergency.
The country is as Gae an agricultural
one as you will fad anywhere. IL is much
better tiinbered than the eastern portion
ofKaasas, and the timber is better quail
ity. Pine, spruce, eak aaA cottonwood
abound. Specimens of iron ore have
been found by many persons. bat the mi
ners are after a richer metal. and pay no
attention to IL
"Be sure aad bring along plenty of
provisions Il you come, aud advise all to
do the same. Provisions are very high
now and viii be much higher. Every
thing is prospecting. Several new towas
have been laid out, and the cabins Of the
miners are springing up in every direction.
Companies are still arriving and think
over LOCO people are already here. /
believe We will have 20, 900 people here
by next winter. All nov here are salts
fed with the prospects. and everybody
thinks the mines are as rich as those of
California "-Atchis0n Champion.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
Gregory,s Instant Cure Of Pain

Gregory,s Instant Cure of Pain.
Sure cure for Cholera, Cholera Morbus, Diar.
rhea. The cheapest and best family medicine
This We can prove BY what. Others say about it.
Hear their testimony, then judge for yourself
INSTANT CURE OF PAIN is the best medicine
ever sold. GEO. r. TRAILS, Druggist.
RHEUMArrsM it always cures. Al. HINNAN.
DYsPEPsIA, il cured one Of the worst cases
ever saw. ID. WALLACE.
SICK HEADACHE cured in fifteen minutes.
SMITH H. ToPPEN.
CHOLERA MoRBUs, CHOLERA, cured by the
hundred every year. DR.. JESSE HANCOCK.
In VOMITING and PUKcIvG it works like n
charm. DUcIA BAKEHoRS.
pIARRHGAs stop almost Instantly. when used.
A case of RHEuNATfsM, of forty years stand
ing. cured. C. VINCENT, Agent.
II cu.ns every thing. Dysentery, Headache,
Toothach, Packachc, Colds, Chilblains, Rheu-
matism, Spra iIls and Pains. II is everybody 3
medicine d. VAN DURzER. Agent.
CHOLERA MoRBus, very bad case relieved
in ffteen minutes. LAURENCE RAvUNsEL.
Weakness, loss of appetite from fevers, or
other causes. 1t will set you right in Few
DAYS. Put little of it into the water you drink
and it viii prevent the water frou hurting you.
This certifie THAT have used in my family
DR.. Lunt's Fever Cure Pills." and "Instant
Cure of Pain" with success, and belize We them
to be invaluable medicines in every family.
C.. GRAHAM,
Pastor Of NJ. E. ChurcL.
White Cloud, September %, 1883.
am satisfied of the truth of the above GER
tiicate. II. N. SEAYER.
For Sale by
C. F. JENNINGS, White Cloud, Kansas.
]. W. REED, Iowa Point,
T. STEVENSON, Highland,
sept l6, 5S-3m.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03

Has been before the public for more than 70
years and is deservedly popular.
From r. C. DilIlye & Carpenter, Syracuse, N.
Y, Oct. Is, 1856.
We take great pleasure in being able 70 say
that we have sold your GIFgling Oil more than
ten years, and have never heard a complaint
from purchaser.
From S. Brayton, LOSville, Wis, Apr. ~, SO.
Ihave eonversed with several of nv neigh
bors, who say "They are acquainted with your
Gargling Oil, having frequently used IL for
both Man and Beast" aud speak very highly
of its curative qualities, and express q wish
thatit mi ght be Ieft for sale in this place.
From Messrs. s. L. Jackson & Co., South Glib
son, Tenn, April IL, 1858.
The Oil takes like hot cakes in this country
der to get it here in time.
From J. NJ. Irwin L Co., Salineville, Chic,
March ID, 1858.
We have sold the last bottle of the Gargling
Oil. Sales are rapid now, though 1t was some
time before we got it started. II Is entirely
the best article we have ever sold. Il has per-
formed great many cures, when all other Ne
dicines failed to do any good.
Caution to Purchasers.
The only genuine has &c. w. Merchant,
Lockport, N. Y" blown in each bottle, and al
so has his signature over the cork.
T Pamphlets gratuitonsly furnished By
agents, with Testimonials ofits utility.
All orders addressed to the
MERCHANTS GARGLING OIL CO.,
Loekport, N. Y.
B For sale BY Druggists and Merchants
generally. through the United States, British
Possessions, and other Countries. And BY
SHaEvE & MACY, White Cloud.
REED b STuRGEs, Iowa Point.
PETER, Frazer & Co., Oregon, No.
JONES & Co., Mound City, No.
And by one or more agents in every town in
the vicinity. Who'll sale at all large CONNER
cial towns. sept. 80, So, ly.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03

THE CHEAPEST AND BEST
NEWSPAPER,
is THE

ILLUSTRATED UNITED STATES JOURNAL.
New YoRK ILLUSTRATED UNITED STATES JoUR-
NAL-ExrRAoRDISART ANNoUScEMENr.-Every
purchaser 81 bottle of the Arctic Liniment,
receives, ;. Bragg's expense, the Uaited
States JoHi44, Of New York, for one year.
The Journal is large illustrated paper-each
number containing l6 pages, beautifully printed
on clear white paper, and filed with original
matter from the most brilliant writer's of the
country.
You can buy the Arctic Liniment at any Drug
Store. june 3, 1858.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03

Nav YoRK Jan %

$50 NKW YORK, Jan. %
Line Herald's Washington corres2on
dence says: Inthe executive session o
the Senate today. an angry discussion
arose between Judge Donglas and Sena.
tor Fitch. when words were used which
It rs thought must lead to a duel. The
debate occurred on the question Of coz.
ilrming Potter, Of Ohio, as Collector q
Toledo.
Mr.. Pugh opposed Potter,s. nomina-
ton, ss the man displaced was his friend.
de SAID if the President desired an issue
with him. Pugh) he was ready for it.
He denounced the appointment and called
on every Senator who was his (Pugh's
friend, to vote against it.
Mr.. Douglas responded, saying that he
would vote with the Senator from Ohio.
He then branched off on to the Illinois
appointments, and said that they were
dishonest, corrupt and incompetent.
Senator Fitch interrogated Douglas,
and said it was untrue.
Douglas again reiterated what he had
said.
Fitch again said it was untrue. (Cries
Of order were then made, s-sf.
Douglas then continued the debate.
Fitch replied to Douglas with great
bitterness, and said that Senators knew
how to prize anything coming from that
quarter. Cries of order. y
Mr. Douglas then replied, and was
called to order. -
Motions were then made that Douglas
be allowed to go on in order.
JET. Davis opposed it, and said, tura-
ing to Douglas, that he had listened with
indignation to the language used, and it
was that Of highwayman and bravo.
The debate was continued some time, \
when 3 motion was made and the Senate
adjourned. 1t was said that the lie was
given. and most severe personal remarks
"A ade. ". NV I7l ,...rs.f .-.., q.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
hPrzs' and viii be Published January 18th.
The ROWING EDITOR;
OR,
TALKS WITH SLAVES M THE
SOUTHERN STATES.
BrJAMEs-REDPAFHSoY KsssAss -
OHe Neat Volume, l2mO.. 37sRp., Hustrat1l
Price, 81.

This Book IS a narrative of three journey:
afoot, between Washington and New Orleans;
contains lengthy reports Of confidential CONVEX.
sations with the Slaves IN virginia. the CAROL.
mas, Georgia, Alabama and Louisiana; lively
descriptions Of social Southern and Plantation
life; graphic sketch Of adventure in Missoari
and the most seareiins and TaokoUsH and reli-
able Investigation Of American Slavery ever
published In our country. The author has Civ
en- full and fearless REPORT OF SLAVE SExrT.
MEN, thing mover hitherto attempted in
America Let every one who would know what
Southern Slavery is -
Slavery as Seen by the SIayesG
read This volume Of their oral evidence, and
startling record of Lier hopes and future designs
As to the authors skill as a writer, it WILDE
seen that extremes have met and agIee:
"Redpath could not be dull or tame or siav-
ish if be were to try; he has not an idle bone
in him-and if eccentrie and humorous, tits all
for Humanity. He has rare mind and mature;
both are independent and full Of grit, and will
war against wrong and tyranny with all their
might''-IIoS.g c. VAUGHAN, IA Leauen,Oorth
Times. e
GA vigorous writer.''-St. Louis Republican.
- A ID rascal, but the best writer we ev
er had ont West."--GES, STRiNGFELLow.
y Copiessent by mail, postage paid, to any part
Of the United States, ON receipt Of the price,
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
Irving Township, County Of Brown,
Territory Of Kansas.
VIM. H. Van DOren


VIM. H. walker. f.
THE plaintiff in this suit, on the 22d Of Jan
j uary, 1889, having fled an affidavit before
John w. Without, Justice of the Peace in and
for the County and Township Aforesaid, stating
that the defendant, VIM. II. Walker, is indebt-
ed to him in the sum ST Thirty Dollars, with in
terest frem the LIST of December, 1858, and that
the said VIM. II. Walker is not resident Of
the Territory of Kansas; therefore, the said
Justice did, on the day and year Aforesaid, Issue
an order Of attachment against the goods, chat
tells, effects, credits, &C., oS the said defendant
for the sum of Thirty Dollars, with interest on
the same from the LIST Of December, 1858, and
Ten Dollars probable costs Of this suit; and I'M
less the defendant appears and defends this suit,
on the 10th of March next, Judgment will be
rendered against him thereon ,i...-a !.
And it is further ordered by said Justice, that
publication hereof be made in the White Cloud
Kansas Chief, weekly newspaper published in
White Cloud, Kansas Territory, for three con-
secutive weeks. V. D. MARKHAM, -
Jan. "a, 59-3w. Attorney for Plaintiff.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03

a"
LErrER FROM THE 8LISEs.-Wc find
the following very encouraging letter in
the last Leavenworth Herald
LEAvENWoRTH, Dec 20, 1858.
Dean GEN. arrived in Leavenworth
yesterday, and as every body is contribu-
ting TO your paper something from Cher
ry Greek gold diggings. Thought l would
tell you what did while was there. j
got there the 30th of August. and pros
peeted around through the country for
some time, and at last l struck q vein,
about two and half miles from Cherry
Creek. that exceeds any thing that has
been discovered. took out of this vein
in 25 days $1,000, and the vein did not
seem to be exhausted in any way.
j. HARTMAN.
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
THEILADIEs, FRIEND.

Is safe and reliable Medicine for the cure of
Diseases peculiar 10 Females-Whi Iregu-
larities, Distracted oy Painful Menses, Turn Of
Life, Bearing Down, or Prolapsus. H I.li-
Excellent before confinement. Those who
are weak and feeble after childbirth, will he
greatly benefited by their use.,
= They prevent Miscarriage, relieve Nervous
ness, after pains, weakness, and give sound sleep.
- They are always safe Try them once, and
thank US for offering them to you. \, -
White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1859-02-03
THE GOLD MIgRsI
HIGHLY IMPORTANT TESTIMONY
A Banking House statsmsntl

The correspondent of the banking
house of Duncan. Sherman d Co., writes
as follows:
1--WE have collected all the information
that has reached us since the first Of Sep
TENDER last, and regard the following as
facts well authenticated
L. Thst deposits of gold exists along
the eastern slope Of the Rocky Mountains,
from the 3Sth to AID parallel.
2. That the gold thus far discovered is
"dust, ''scale" and "shot' gold.
3. That the dust and scale gold is
found on the South Fork of the Platte
and its tributaries. r
4. That shot gold is found on The Ar
kansas, near its sources and its tributaries.
5. That the "bed rock" has in no case
been reached, as far as we are informed.
6. The gold-bearing earth lies from
two to six feet below the surface; and
the stratum is from four to twelve inches
in thickness. This refers to the region
in the vicinity of Cherry Creek We
have no information on this point from
any other region.
f.'rhat the distance of the discovered
mines in the vicinity of Cherry Greek.
from the mountains, is from twelve to IF
ty miles.
s. That some specimens of nugget
gold have been found, ranging in value
from 81 to SIS.
9. That wood and water are abundant.
the wool chiefly pine. The country is
easy of access, having military roads
stretching to the north and south of the
discovered mines, and passing within 15O
miles on the south and 100 miles on the
north the gold region lying between the
California road, by way of Fort Laramie
on the north and the Santa Fe road on
the south. As to the truth Of the facts
stated above, there exists no doubt in our
minis, nor have we cOnversed with any
Rhl do not regard them as settled"