davidaulloa/AmericanStories huggingface dataset:
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04
MENnY HARMoN,s ESTATE.

w pointed by the Honorable the Probate Court
for the District Of Chttenden, Comm Oners to
receive, examine and ad ust the claims and demands
OF all persons aalus the estate OF tfeur, ia u, n
late Of al ton. in SAID district, deceas,d d,
and also all claim and demands exhibited in OFF ct
thereto and 81 months from the day OF the d. te
hereof being allowed by said Court for that purp, se
we do therefore hereby give notice that we will at
tend 10 the business OF our appointment, at tho
dselliog house Of tmily Harmon. 10 Milton,
in said District, the third Tuesdays OF
March and June next, at 10 O'Clock a. N,
on each Of said days.
Dated this ga day Of December, \. d. 1875.
u. II ONION
P. \. BOOTHE,
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04
Obituary.
NOSES M'LELLAN CoLBURN.
he Editor Of the Free Press and Times

To the Editor Of the Free Press and Times;
read with deep emotion the brief notice
in your paper Of the death on the
26th instant of Rev. Moses Mcclellan Col
burn, of St. Joseph, Michigan and | can
not forbear to pay my tribute to his MEM
Dry, though it must. just now. be hasty
one. Mr.. Colburn was from Pittsford, fit
ted for college at Burr Seminary, Manches-
ter, entered the sophomore class in the Uni
versity in lSll and graduated in 1874. in
the class with Hon. e. l.. Benedict. Fred
erick Billings. L. ". Cheney, VIM. Cola
mer. among others, standing second in his
class After graduation he had charge Of
the Washington County Grammar School.
at Montpelier. from which President Pease
two years before had been transferred to a
professorship in the University. In l647
he entered the Theological Seminary at
Apdoyer, Mass, and finished the course
there in 1850. He was ordained and in
stalled over the Pacific (Congregational)
CHI n of New Bedford, Mass, soon after
lea NJ the seminary. This pastorate was
short, and he was again installed at South
Dedham, Mass, where he labored with
much faithlulness and success for several
years. Since then he has preached in Wua-
kesan, Ill, and St. Joseph, Mo. was
with him. though not In his class, during
his whole college course. At Andover we
were classmates. and the last two years
room-mates. From the intimacy thus form
ed am led TO offer my tribute of esteem
4 a,fI ,,aar nj
grief at his death. He was one of the
mo,. faeile and thorough students have
ever associated with. His quickness of
apprehension and requirement was re-
markable His range OF reading was broad
and his knowledge accurate and ready for
use. His devotion to his profession, when
once he had chosen it, was hearty and en-
tire. As a student he was somewhat of a
recuse and for a time he dreaded the social
and pastoral duties which would be re
qulred OF him as a minister of the gospel
bat when once he entered upon the instruc-
ton and care of church his whole soul
went out in love and interest for his people
and for his work, IN the families as well as
in the pulpit. As friend and companion,
he was--well. | cannot characterize him
by any words that come 10 Inc now, IN the
first hour OF my grief at his death. | sat
down to write this only out of my sense OF
personal bereavement. and let II sufhce to
say, as feel, as roommate he was per-
feet all that could wish. As look back
on those two years, | think of nothing but
what was Of the kindest and the best to me.
In all the relations of our student life his
bearing and his friendship were manly,
stimulating, helpful, considerable. pure, at
iectl0nate. mourn for him as for broth
er. Yours, sincerely, c. f. FERRlN.
Mr. Colburn was twice married, to two
daughters Of our townsman, Hon David
Read
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

Marvellous Result Joseph Collins, waterford.
NY, had Catarrh and Lung Disease twenty years
Doctors left b N 20 die He says. "WisHARr's Pine
TREE TAR CORDIAL saved his lie" also says
many others have been cured hY is blood purify.
IN propertc..' lniallble remedy for coughs colds
ana clnsumntl0n. Wit
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

I'VE, THE SUBSCRIBERS, having been ap-
w pointed by the Honorable the Probate Court
ior the District Of Chittenden, Commissioners to
receive, examine and adjust the claims and demands
Of all persons. against the estate OF hh.da Ysw.
iate Of Huntington. in said District, deceased
and also all claims and demands exhibited in Offset
thereto and SIX months from the day OF the date
hereof being allowed by said Court for that purpose
We DO therefore hereby give notice, that we will
intend TO the business OF our appointment at the
Town Clerks Office, in Iuntin gton, IN said District
on the fourth Thursdays Of February and august
next. at 10 O'Clock a. m on each Of said days
Dated this Il day Of February, \. d. lss6.
ELMER BtECHES, (c,,....
Z. W. HARNESS., (O"nm ssioners-
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04
Commercial.
Feb. =.

Feb. =.
AMOUNT ~ LIVE STOCK AT MARKET.
Cattle. sheep & Lambs. Swine.
This week......-. 1894 i725 l@
Last week---.-.-. l>8 3.39b
From Vermont 2l9 lO6s
Prices OF Store Catte-Workirs oxen per pair.
500, $50. St75. $40. Mich Cows and Calves,
from s35a65 Fsrrow Cows. i40di0. extra, sGins5
Yearlngs, slOa22; Two Years Old, slSGS2; Three
Years Old, s15Ai6
Prices OF Sheep and Lamhs-In lots, s. 90, s. 70.
and s. p each, extra, 81 50 a. so or from 81 to
7icRh.
Prices of Hides, Tailow and Skins Brighton
Hides, IA 7lc e h, Tallow, g a. &c p h; Country
Hides 6. a, &c Pt Tallow, 5d &c y 10 Pelts, 81 on
81 so each; Calf skins, l2Di2tc Y h.
Prices of Market Buef-A few choice. 50 - a -;
extra, s. 30 "a 30 first quality s. % as q: sac
ond quality, So o. a6 -; third quality, s. 10 az co.
REMARKS.
Cattle-Cattle remain very moderate. sales arc
yer, slow at last weeks rates The bulk OF West
ern cattle and sheep arrive this way-some through
Hoosac Tunnel and some over the Grand Truck
Railway. Quality o. cattle rather ordinary This
week.
sheep-We find this week 2J00 head Of Western
sheep, by Ii. W. Holm. from the North a balance,
making a total Of i12j head for thew week. Toe
market Tor sheep keeps remarkably even.
Poultry-Poutrymen offer I5i 2 II for mixed
los of Hens, Chickens and Turkeys.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

4 CONTENTION OF INDUSTRIES A gath
-7inE of representatives of all the leading
industries Of the State is suggested to sup
u.cment the efforts of the executive com
miro d the Centennial exhibition.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

The great and long felt want % housekeepeTs for
suitable cooking vessels, i az last supplied by
Patent Grlnife i-eHcare, Acknowledged al sight 70
be without 4 rival n the kitchen. It is N.tt,
easily cleaned, handsome, wholesome. and handy.
1t vii neither corfode anc poison Ike pper-
ware, crack. Like cast iron or ear;AenEare. rust,
Ike tinwsre OF crackie and fake IL Ike porcelain
lined ware Every piece warranted. Beware o.
limitations, as every piece is stamped. tran tie
IronSare' On the bottom, 4 good line Will be
found az
NASH & WARDLOW'S
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04
|. o. of G. THE installation of off,
GERS Of Champlain Lodge, No. 90, 0. of
G. T.. took place Tuesday evening. The off,

SHEPARD, DAVIS K CO.-BelOw We give
the finding of the Register in Bankruptcy
in case of hearing, before him, of the OPP
position to confirmation and recording oil
the composition. Jan. Goth. in Boston
In the District Court Of the United States FOR the
ID strict Of Massachusetts, in the matter %
Shepard, Hall 4 Co., in bankruptcy, bank
rupts
The resolution Of composition and the objections
thereto were referred To by order OF Court
OF January Is, 1876. ! have heard the parties and
their evidence. Mr.. Davis, one OF the hankrupts
testified upon the valuation Of real estate in Bur
lingtOn and upon depreciation of other assets Of
bankrupts. The evidence went to show the cor
rectness of the statements produced by the hank
rupts at their composition meeting. No other evil
dence was offered. therefore tnd said statement;
to be correct. The directors Bronsous, Weston
Green & Co.. and the Howard National Hank, o
Burlington. filed their Withdrawals OF opposition
to the Confirmation and recording OF composition
hereW it'll transmitted.
.. LArHRoP TnoRSDiKE, Register.
January 2,th, l776.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

Scene at Brooklyn wedding breakfast &:
Company all seated about the table. A
pause in the general conversation. Happy
husband, to his wiie's seven-year- sister
ut the other end of the room - Well,
Julie, you have a new brother now" Julie:
- Yes, but mother said to papa, the other
day, that she was afraid you would never
amount TO much, but that it seemed to be
Sarah's last chance" Intense silence for a
moment, followed bv rapid play Of knives
and forks.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

THAT BRATTLEBORo HABEAs CoRrus CASE
A despatch from Brattleboro says that in
the habeas corpus suit, on trial at tho
Brooks House, for three days last week, in
which William rockingham. of Longwooi
Mass. sought the recovery Of his seven
years old son from his grandparents. VIM
H. Fuller and wife. of New York, and
others, decision was rendered on Saturday
afternoon by Judge Wheeler, remand
ing the custody Of the child to the grand
parents, which Is in accordance with the
late Mrs. Frothingham's wishes, and thi'
dfci.lnn Is final
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

SrARKsBoRo On the 25th inst, Stephen
Hanson, OF this town. came very near meet
ing with a fatal accident. Hanson and
Samuel Taft. of this place, were out fox
hunting and had got on the track of a fox
they had seen. they were passing through
some underbru-h. Hanson being about six
feet in the rear OF Taft, who had a double
barrelled shot gun on his shoulders, loaded
very heavily. For some unknown reason.
one barrel OF Tait's gnn discharged itself,
the charge passing within foot of Han
sons head. and knocking him down. The
gun kicked out of 1aft's hands and turned
two summersaults before it struck the
ground The lock came in contact with
the frozen ground, the other barrel was dis
charged. the charge striking a sapling
near by and CHANGING off A large portion
of the charge passed within two inches Of
Iianson's feet A part hit Taft 5 dog in the
fore legs, and the remainder passed between
the two hunters. Mr. Hanson considers it
a very narrow escape. The fox has not
been heard from. II.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

LYoS's KATHARoS prevents the hair from faliln-
out or turning gray, reuews is growth, aud gives
siren eth and v sur. l. is del -htully periumed,
and mascs splendid dressing It i the ches pc
and most desirable Ia.r Tonic ever produced. Used
by the elite. Price only - cents.
April 81. deodtwly
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

Iarr,>o oS THE IcE-We are requested
'l announce that the meeting on the ice an
a.aar.i lor February 9th and succeeding
lass. p, the Burlington Trotting Associa-
H.u viii certainly be held. II Burlington
EAy i~ unavailable for the purpose the meet
a. ail le held either on the river OF at
Nte,- BY
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

It Is reported that Bethany Church. at
Montpelier, will hereafter have free seats,
aaI raise its funds by weekly collections.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

STATE OF VERMONT, , To all persons con
DISTRICT OF cuIrTESDES. C.rn,;r I4e estatge
Of Jericho, in said District. deceased.
GREETING
At Probate Court holden at Burlington, within
and Tor the District OF Chittenden, the LIST day
OF February, a. D. lSs6, an Instrument pur-
porting 10 be the last VII and Testament Of
Caroline Hale, late OF Jericho, in said ID strict
deceased, was presented to the Court afore-
said FOR Probate and it ordered by said Court that
the list day Of Mach. A. d. 1876, at the Probate
Court Rooms, in said Burlington, be assigned FOR
proving said instrument and that notice thereof
be given TO all persons concerned. by publishing
this order three weeks successfully in the Burnng-
TON FREQ Press, newspaper printed at said Bur
AnSton previous 10 the time appointed.
Therefore, you hereby notified u appear
before said Court, at the time and place Aforesaid
and contest the probate Of sad Will II You have
cause.
Given under my hand at Burlington in said Dis
triet. this .st day Of February \. u. IS-6
S2w3v X. ). TAFT Register
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

TRANSFORMATIONS james Stowe,
an aged resident from this place. slipped
and fell on the ice, breaking his hip and
collar bone, on Sunday. On Monday, Phil,
harmon Graves, also fell on the ice. and
broke his thigh.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

huy package o. Sea Mos Farine. made from pure
IRISH moss which viii MAKE 30 kinds o. dishes. such
As cakes, pies, puddiu-s, &c. 10 quarts OF Gus
tards, leilies, creams, Charlotte Russo, blanc
mango, &c. Sold by al Druggists and 6rocers.
April 8i-deod8Efv
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04
New York Provision Market.

VIEW fOhki req. ..
COTTON dull irregular sales ST. bales at l3c
fof middling uplands
FLOUR-neceipts e779 barrels; without dec ded
change moderate export and home. Sales u 500
barrels; No. 2 at o. a 4 90; superfne Western
and State at 4.25d4bO, common to good extra
Western and State at f.-545 IS; good to choice
at ioH5 %; common to choice white wheat West
ern extra at s5zl7 90, fancy white wheat west
err extra at 7O5d1.75 common to good extra Ohio
at sal . common to choice extra ST. Louis at
5.1ldsOO patent Minnesota extra good to prime
5Odl p; choice TO double extra 7.SOl9 90 In
GLIDING 800 bis OF city mills extras at s. lOG6 90
500 barrels low grade extras at OU7I5 80 Market
closing quiet. Rye -four dull at " a 10, the
latter extreme. Corn meal Gull and declining !;
Western Jersey and Pennsy lvania at sO63 % 1
Brandywine at 80
GRAiN.-wheat receipts Sis bushels; quoted
more active and steady without decided cnan ye.
safes <9 100 bushels at s7al % FOR rejected ,pring
uJ1l 10 Tor unZraded spring ! 05Gl % for No 3
Chicago; Il 5Gl 70 tor To , s,nnesota and Mil
waukes - for Milwaukee store OO2l Oj Tor
Inferior winter red weitern | &c for white Mich-
gan and'nominaIly 1901 u for No ? Chicago, 81
m B. fo9 No 2pring. Rye IS dull ami nominal at
s6ds7 for western esd9j for state IS Tor Canada
in bond. Barley active sales l5 0Jl bushels two
rOwed state 20 arrive this month 5l.H95. Barley
malt dull 00J bush Canada west at p Corn =
Rtce pts u /, . bushels, Moderate export demand
Sales - % bushels az 55.G56 for grade
N Xed 6-.462s .Or graded lOs N Ksd aud N xed !;
g.; s64i Tor graded IN xed 62G53; Tor new west
era yellow 81 d6i! Tor new wnte southern set
for new elbow Jersey a10at. Oats-Rece pts y 4 3
husne4s mATEtt i uu44. SAFE. = w busu. AT u
Gi9 for N xed western AID state, 4sI5k for white
DO. including inspected No mi1ed at 10 No =
chicago al 4di.
HAY-uncban -ed.
II rs firm l03 Is for eastern western and
l2dl6 iur New York state l7G20 Tor California.
COFFEE Rio dull at l6i4lgi for cargoes I6y n
POI gold for JOB lots
sUGAR-qaiet unchanged.
MOLANsts New Orleans steady, moderate de-
mard al $500.
HIck-Ql.eJ, AID steady; rather more in de-
mani
PETROLEUM firm. quiet, crude at 81 ai re
fined at li4 eases lgd-i. nantna nominal
TALON - firm. Sales G5 go pounds at 81 q
q.
EGGS Firm at p a y TO- State and Penrsyl-
vana. lsG-0 for Western 9G2J .or very cho ce
Canada.
JViSIONS-Pork quiet at q 12l p for new
N Dressed Hogs "a et a. g. a % for western.
Feet quiet Cur meats western qu'et- Middies
hrm nUmnll for western IOn- elear; 10 a ~
for cit, long clear. Lard neavyi prime steam at
~ Butter choice firm, other kinds Gull At l6d .
'or Ee-tern ~ a 81 Tor state. Cheese firm at 6
az. common 10 prime
stEp@Liuseed dull.
WBIsk sY-shade ffmer at p
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

rz,lv.1 Twas oliver" that asked for more
.aaa ll, In those sd, hungry days Of yore;
ExL-N1,IlIA But now the claims that Zone resis
EyYN Are fc< the famed EUREKA TWIST.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

RAILROAD AccIDEST.-Two freight cars,
lae saloon and one passenger car, in the
mixed train on the Rutland road, were
thrown from the track by a broken rail-
two miles ,oath of Rutland, Tuesday a. n.
Tle trucks were torn from under the pa
sen.cr ear and it was dragged some dis
,sn,e on the frozen ground. tearing up the
flooring and seats. Fortunately the coupling
between thc saloon and passenger car did
not hrcl * or the latter would have turned
over and a greater number of passengers
have been injured The only person seri-
oa-.y hurt is Horace Todd, proprietor OF
Told'- hotel. Cuthngsville. He is serious
IS Injured internally, but to what extent Is
rot Yet determined. The car was well filed
with passengers, a number Of whom were
slightly scratched or bruised
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

Col c. II. Joyce is announced as the
Vermont member of the Republican Con-
-re.-ilnal Committee.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

NLR EXPLOSION The boiler at Story :
i mill, at Barnet, exploded few days
-..ea Although weighing 700 pounds it
ua- drown from the basement up into the
-.aal story aud cut through the end of
cid. f.l.Itnu
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

NnrER WEATHER.-ln view OF the ex-
taoriinarily mild weather of the present
winter. some one has been investigating the
records OF the past, with the following re
salt. In ISL. January 18th, the frost was
entirely ont of the ground, February was
Ike -rrin, and Winter ends q wonder
through tbewhole." In 1855. in January,
the fish. as they are repor ted to have done
thi,vcar. struck in. =" from the sea the
weather being so warm. February was de-
hghtiu}. and March clustering. but soft as
Nav. In the year 1865. Feb. 9th, the New
York Go-.ffe and Post Boy reports that
last Thursday the weather was so uncom-
monty warm that Young lads went into the
river 10 swim In l772 the temperature
was s., hiob in England that leaves came
ont Ola the trees in January. and bir ds
hatchcd their br0ois in February. In l7e9
the weather was equally mid, and the
maidsns of Cologne wore wreaths OF violets
and corn flowers on Christmas and on
Twelfth Day. Going still further BACK, IN
ll2l. the trees lowered IN the month oil
March. anG the vines IN April. Oherrles
ripened in the latter month and grapes ap
peared in May. In 1872. the trees were
covered with leaves in January, and the
birds batcbed their Young in February as IN
l772 in I775 this sam thing was repeated
and II i added that the corn was in the eai
at Easter. There was in France neither
snow nor frost throughout the Winters oil
1898. 1907. 1909. 1917 and 1853. Finally
n 1872. even in the north of Germany. the
stoves were not lighted, and the tree
lowered in February. The Winter of 1897
3 was one of lamb-like gentleness. so much
50 that vessels navigsted Lake Erie every
week Of the season. Seven years previously
the weather was extremely mild. Farmers
could plough almost any day. Maple sugai
was made in February.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

Tie Vermont churches invited to the
plymouth Church Advisory Council are the
Nua Street Congregational Church of
t.- -i.y Windsor First Church, Rutland
tt-. Cnu7ch. y. Johnsbury South Church,
Naucier First Church, Middlebnry First
Clareh. 81. Adams First Church.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

Liquor LEGISLATION N TIE DOMINION
A bill regulating the sale of alcoholic liz
ulrs has been introduced in the Dominion
Parliament. The Canadians appear to re
gard 1t as very stringent, though to Amer
cans it would seem to be far from restrie-
tive. The number of tavern licenses IN
cities. towns. aud incorporated villages l.
60 De az the rate of one for every two hun
bred and fifty persons for the first one thou
sand of the population, and one for every
four hundred over one thousand. Every
tavern keeper will be compelled to give a
bond OF 500 as security for the payment OF
fines ami penalties he NAV incur by any IN
iriuCcmeut Of the act. License tees vary
from 500 TO 500 retail, and $50 whole
sale
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

Tie Victoria tubular bridge, at Montreal,
is to be altered to admit of double railway
tracks and footway.
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

hl.u Hr A FALLING TREE.-John vii
au-. ot Brilgewater, was killed, Thurs
..y. -.e 9Th ult., by falling tree lie
a.a- lt5 the woods after dinner to get a
.ri Vt wood, and not returning. search
.a- made and his dead body found, 1t is
-..-Al that he was killed while chopping
oa q tree against which another had
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04
legal Bottles.


| A'AD STOHK'S ESTATE.
STATE OF VERMONT. The Hon. the Probate
DISTRICT OF cHrrrsDrS oS9Is ioT the District
To the heirs and all persons interested in IN.
estate OF David Story, late Of Underhiii. In
said District, deceased. GexrI1,o AL
WHERE'S, application hath been made 10 hi q
W Court in writing, by the administrator
OF SAID estate, praying for license and authority
10 sell the real estate Of said deceased for ths
payment of debts and chars es OF adninistrstion
and setting forth therein the amount Of debts aas
from the said deceased, the charges Of administra
tiion, the amount OF personal estate and the
situation Of real estate;
"hereupon the said Court appointed and "a,
signed the 18th day Of February A. ID. 1876 at The
rrooate Court rooms, in said District to hear aud
IeclIe upon said application and pettian and or
uered public notice thereof To be given to all persons
in.efested therein, by publishing said order. to-
keelef with the time ana p,see Of hear NJ. three
neehs successfully, in the Burlington Free Press a
newspaper which circulates in the neighborhood Of
tnose persons Interested said estate all which
for hearing '
therefore. you arc hereby notified to appear be-
Iore sad Court, at the time and place ncd then
anu there IN said Court, to give bonds a, the law
directs, Tor the payment OF the dents ana charges
o. administration, and make your objections to
the granting such license. IL you see cause
olFen under my hand, at the PROBATE Court
rooms, this ID day Of February, AID. 1876.
S<WSw r. s. TAFT, Register
Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1876-02-04

ESD of L9Nc LAwsUIT. - The suit OF
sarah Cleveland, widow OF Warren Cleye-
land. Of West F4irlee, against DR. Howard,
u.w Of Chicago. to recover over So, 900,
0aued to him by Mr.. Cleveland, has been
decided in the plaintiffs favor, after years
of litigation. The defendants chief plea
was that the notes were not properly