USA > Connecticut > The public records of the Colony of Connecticut, prior to the Union with New Haven colony, 1636-1665 > Part 33
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This Court doth order and hereby declare all ye Lawes and orders of this Colony to stand in full force and vertue, vnles any be cross to ye Tenour of or Charter.
[168] This Court doth order Lt Jo: Allyn to shew Capt Varlet* the Charter granted to this Colony, and to informe him that it is desired by the Court that the Honorable Lord Stevesant would not in any wise incumbr or molest his Maties subjects compre- hended wthin ye extent of our Pattent, by any impositions, that therby more then probable inconveniences may be prvented. t
This Assembly doth hereby declare and informed the Inhab- itants of Westchester, that that Plantation is included in ye
* Capt. Nicholas Varlet (or Varleth,) was an officer in the service of the Dutch W. I. Com- pany, and a brother-in-law to Gov. Stuyvesant. His father, Caspar Varlet, resided at Hartford, (where he died, in 1663.) A sister, Judith Varlet, was afterwards married to Nicholas Bayard, the son of Gov. Stuyvesant's sister. [Rec. of Court of Mag., iii. 2, 4; Rec. of Hoogh Straat church, in N. Y. Hist. Coll., New Series, I. 397.]
t Capt. Varlet had presented to the General Court, a letter from Gov. Stuyvesant (dated Oct. 13th [N. S.] 1662) in which complaint was made that " one John Yonge," professing to act under authority from Connecticut, " had vndertaken (as by his seditious letters may appeare,) to diverte and revoke the English towns in this province, vnder the protection of the high and mighty Lords the Estaats Generall of the Vnited Belgick Provinces & in the jurisdiction of the Right Honnourable Lords of the W. India Compagnie settled. of their oath & due obedience vnto vs, theire lawfull Governour." Gov. S. declares that these procedings of Capt. Young, if authorized or approved by the government of Connecticut, would be regarded as "an absolute breatch and a nullification of the agreement about the limits, Anno 1650," and would give just ground to the States General and the W. India Company "to demand, and by such meanes as they in wisdom shal thincke meete, to recover al that trackt of land between Greenwich and the Fresh River," to which they claimed a right by prior purchase and possession. He requests the General Court to return, by the bearer, their " categorical answer over & aboue the afore- mentioned John Yongs seditious doings." [Colonial Boundaries, Vol. ii. No. 1.]
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bounds of our Charter granted to this Collony of Conecticut. And as it hath pleased his Matie thus to dispose of them, soe we conceaue it most conduceable to their tranquillity soe to demeane in all things as may declare and manifest their readi- nes to subiect to his Royall will and pleasure herein.
The next sett Gen" Assembly is to be observed on ye 2d Thursday in May.
This Court doth hereby declare their acceptanc of ye Plan- tations of Stanford and Greenwich vndr this Gouerment vpon ye same terms and provisions as are directed and declared to ye Inhabitants of Guilford. And that each_ of those Planta- t[ions] haue a Constable chosen and sworne.
Richard Vowles is made free of this Corporation, and sworne to the office of a Constable for and within ye Plantatn of Green- wich, for ye yeare ensueing, and vntill a new be sworne.
Mr. Mathew Allyn, Mr. Willys, Mr. Stone and Mr. Hooker are chosen a Comittee to goe downe to N. Hauen to treat wth ye Gent: and others of or lo: freinds there, according to such instructions as shalbe directed to ye said Comittee by this Court. [169] Severall of the inhabitants at Southold accepted to be made free of this Colony, vnles any thing appeare to interrupt the same; Mr. Wels, Thomas Terrey, Philemon Dickerson, Goodm Purrier, Goodm Windes, Barnabas Horton, Josph Hor- ton, Lt Glouer, Thomas Moor Senr, Goodm Conclin, Goodm Cory, Goodñ Reeues, Goodñ Mapes, John Conclin Junr, Jo: Paine, Richrd Browne, Joseph Yongs Senr, Joseph Yongs Junr, Jer: Vayle, Jo: Curwin, Richard Terrey, Mr. Elton, Tho: Brush, John Bud, Mr. Tucker.
Mr. Campfield, Mr. Gould, Mr. Sherman, are hereby appoint- ed to keep a Court at Fairfield, when they see cause, for issue- ing such controuersies as they are capeable of, according to the tenour of our Charter. Stanford, Greenwich and West- chester haue liberty to improue the help of ye Court at Fair-, field, to issue controversies that may arise among them for future.
Mr. Willm Pitkin is desired and appointed as Attourney for ye Gener11 Court, to prsecute Thomas Ford Senr, John Deming Senr, Mrs Lattimore and Thomas Hurlbut, at ye Prticuler Court to be held at Hartford on Wednesday next.
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OF CONNECTICUT.
Persons admitted to be Freemen, by this Court ;- Mr. Samll Talcot, Willm Pitkins, Nathan1] Goodwin, Mr. Tho: Pell, John Olmstead & John Clarke Junr.
Richard Vowles is admitted freeman and sworne to ye office of a Constable for and within the Plantation of Greenwich, for ye yeare ensuinge and vntill a new be sworne.
This Court doth hereby declare the free remission of such transgressions of the Lawes of this Colony as haue bene com- mitted by Monsieur Varlet by retaileing liquors in his life time.
This Assembly doth order, that for ye future, such as desire to be admitted freemen of this Corporation shal prsent them- selues with a certificate vnder ye hands of ye maior part [170] of the Townesmen where they liue, that they are prsons of civill, peaceable and honest conversation, and that they attain- ed the age of twenty one yeares and haue 20/. estate, besides their person, in the List of estate ; and that such persons, soe quallified to ye Courts approbation, shalbe prsented at October Court yearly, or some adiourned Court, and admitted after ye Election at ye Assembly in May. And in case any freeman shal walke scandalously or commit any scandalous offence, and be legally convicted thereof, he shalbe disfranchized by any of or civill Courts.
This Court doth repeale the late order wherby the Troopers salery was prohibited and taken of.
Robert Vsher is ordered to be sworne to ye office of a Con- stable in Stanford, for ye yeare ensueing, and vntil a new be chosen. Mr. Campfield is to giue him his oath.
It is ordered, that ye Inhabitants at Mistick and Paukatuck shal from henceforth forbeare to exercise authority by vertue of commissions from any other Colony ;* and that in case of any differences that may arise, they repaire to or Worl! Dep: Gou- ernor for help; and that they chuse a Constable, for the yeare ensueing ; and ye said Constable to repaire to or World Dep: Go: for his oath. And they [are] required to pay vnto Mr. James Rogers, Lt Samll Smith and Eus: Avery, for and in be- half of the charge of or Charter, the sum of Twenty pounds, as their Townes proportion, two thirds in wheat, at 4s., one third
* See Appendix, No. IV.
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in pease, at 3s., by ye last of Novembr next. The Court or- ders Lt John Allyn to send a Warrant to Thomas Stanton in ye Courts name, to attend this ordr, and if he refuse, Peter Blachford is to gather the rate and destrein according to former order.
[171] C. John Yong is invested wth ye power of a Perticuler Magestrate, within ye Plantatn of Southhold, and likewise he is authorizd to sit in Court to assist the Magestrates of South and East Hampton.
It is ordered, that all ye Plantations that shalbe enterteined and embraced vnder this Gouerment, shal according to ye Courts appointment pay their due proportion of ye charge ex- pended in procuring or Charter.
This Court orders ye Secretary to send to ye Plantations of Huntington, Setauk, Oister Bay, that they choose Constables in their respectiue Townes, and to take their oaths, administred to them by Capt Yong for the discharge of their respectiue offi- ces ; Thomas Wicks, at Huntington, John Ketchum, at Setauk, Mr. Rigebell, at Oister Bay.
It is ordered, that all ye Plantations, on ye Island as well as on ye maine, shal attend ye established Law of this Colony for ye rule of Rateing, vnles they mutually agree to ye contrary.
C. Yong is desired to giue notice to C: Silvester and Lt Gardner, wth ye other Plantations on ye Island, that they at- tend the Generall Assembly on ye 2d Thursday in Mav next, to doe their duty to ye Court.
This Court appoints that Wednesday come fortnight be set apart, throwout this Colony, for a solemne day of Thanksgiue- ing for ye mercies yt God hath extended to this Colony ye yeare past, and prticulerly for ye good success God hath giuen to ye indeauours of or Hond Gouernor in obteineing or Charter of his Maiestie or Soveraigne ; as also for his gratious answer of or prayr in ye late draught, in sending raine ; and for abate- ment of ye sicknes ; and for ye hopes we haue of settlement in ye waies of peace and righteousnes.
This Court declares, that Hartford Traine Band shal haue ye prehemenence of all ye Companies in this Colony ; And Windsor, the 2d; Wethersfield, the 3d; Then Farmington. This to stand vntill the Court order otherwise.
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OF CONNECTICUT.
[172] This Court ordereth, that there shalbe free trade in all places in this Colony. And all former ordrs imposeing Cus- tomes, are hereby repealed.
This Court doth declare these persons hereaftr named, John Green, Richard Hardey, Joseph Mead, Richard Webb, Joseph Theed, Peter Pheries, to be freemen of this Colony ; and Mr. Gould is authorized to giue them ye oath of freedom, at ye next Court in Fairfield.
This Court doth order, that Lt Seely shal haue Fifteen pounds paid to him out of the Publ: Treasurie, & the Country house set into repair at Sea Brook, and he to liue in ye house and to take care of ye Amunition.
This Court doth order, yt a Levy of a penny pr pound shalbe raised vpon ye estate of ye Colony, and to be paid in wheat, pease, Indian corn or porke, at currant price.
This Court grants Sea Brooke Inhabitants liberty to set vp a Ferrey at Tilleyes Point, and to take 12d. for a man & horse, and 6d. for a single person.
This Court orders each Town in this Colony to chuse an able Inhabitant to ye office of a Packr, to pack and repack all such meat as is sent forth of ye Townes, who shalbe deposed on oath to ye faithfull prformance of their respectiue offices ; wch oath may be administred by any one Magestrate or Com- issioner. He shall likewise haue a Brand or Seale, wth these letters, C: R:, wherwith he shall marke each Barrel yt he packs, and for his paines he is to haue 8d. pr Barrell.
The Treasurer is required to cause the severall Townes to levell or ballance what is behind of their Levies, or require the fines of ye Constables, and destreine it of them by the Mar- shall.
Mr. Willys and Mr. Wadsworth are appointed to audit the Treasurers Accounts.
This Court grants to Ens: Olmstead, of Hartford, a farme of 300 acres of vpland and 40 acrs of meadow, if it be to be had at 20 Miles Riuer, in ye way to Moheag & N: London.
This Court is adjourned vntil ye 2d Wednesday in March, vnles or Worpll Go: return and see cause to call the Assembly sooner.
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[173] AT A GEN]] ASSEMBLY HELD AT HARTFORD, MARCH 11, 16음을 ·
Dep: Gou": Major Mason. Assistants :
Mr. Willys, Mr. Woolcot,
Mr. Math: Allyn, Mr. Clark, et Sec".
Mr. Treat, Mr. Jo: Allyn.
Mr. Talcot,
Deputies : Willm Wadsworth, Joseph Fitch, Edward Griswold, Josias Hull, John Nott, Samll Boreman, James Rogers, Lt Samll Smith, Thomas Tracy, Hugh Calkin, Antho: Howkins, Thomas Judd, Nathaneel White.
It is ordered by this Court, that after ye publication hereof, there shalbe free liberty of transporteinge Corne out of this Riuer, and the former restreint is hereby repealed.
It is ordered, that each Towne in this Col: shal pay for ye transportation of their proportion of the Pattent Rate, to N: London. Each Town is to discharge the costs of their owne Corne.
Capt Jnº Talcot, Mr. Jo: Allyn and Thomas Tracy are ap- pointed to audit the accounts of James Rogers and Lt Smith, respecting the Pattent Corne.
This Court haueing duely considered the valuation of ye es- tate of N: London, apprized by Cary Latham and William Douglas, doe judge, that they haue not attended any rule of Righteousnes in their worke, but haue acted very corruptly therein, and therfore doe order the Treasurer that he send forth his Warrant to ye Constable of N: London, to levy Four pounds vpon ye estate of Cary Latham, and Two pounds vpon Mr. Douglas his estate, as a fine for their corupt and deceatfull act- ings therein, and fourty shillings more vpon Lathams estate, for neglecting to meet wth ye Comrs on ye Riuer, according to order ; wch fines shalbe to ye publ: Treasury. And they doe further order the Treasurer to send forth his Warrant to ye Con- stable of N: London, to levy a Rate of a penny pr pound vpon Eight thousand, fiue hundred pound estate, wch yy judge to be at least ye estate of N: London. And doe desire the said Towne of N: London to be more carefull in their choyce of List makers, for the future.
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OF CONNECTICUT.
It is ordered, that each Miller in this Collony, or owner of . Mill, shalbe allowed for grinding of each Bushell of Indian Corne, a twelf part, and of other graines, a sixteenth part ; pro- vided that this order shal noe way preiudice or nullify any agreemt made in any Towne, respecting grinding. [174] This Court doth herby declare, that the Treasurer shall not allow of the account prsented by ye Constables at Stratford, for searcheing for the Collonels, wch sum amounts to 6l. 17s. 01d. as ye Account specifieth.
This Court hath granted vnto John Gilbert, one acre and half of land lying between the land of Capt Richard Lord and ye land of C. John Cullick ; and also one acre of land, more or less, lying at ye landing place on the Rivulet ; both parcels being or lying in ye South meadow at Hartford. And the Court doth order John Gilbert to pay vnto the Treasurer, for ye Countreyes vse, Ten pounds, for and in consideration of the two acres and halfe of land granted him by this Court.
This Court, vnderstanding that there is much inconvenience doth yearly ensue vpon the Constables defects in not gathering the Countrey Levies and makeing payments according to the Treasurers order, vnder pretence of a liberty to make vp their accounts by the Court, in Octobr yearly, Doe therefore order, that the Constables, for the future, in the respective Plantations, shal gather their proportion of the Countrey rate and make payment therof, according to order, by the Quarter Court in June in each yeare, vpon the penalty "of Fourty shillings fine for every defect herein, and they are also ordered to make vp their accounts wth ye Treasurer according to former order, by October Court yearly, vpon penalty of 40s. fine for every defect herein. And the Treasurer is hereby authorized to send forth his Warrant to destreine the estates of the respectiue Consta- bles, for the payment of the fines imposed for the breach of this order.
The conveyance of nine miles square made by Onkos wth other Indians, to Norwich Plantation, is ordered to be recorded, with this proviso, that it shal not preiudice any former grant to or Worll Gouernor or others.
Thomas Tracy and Lt Samll Smith giue oath in Court, in referenc to laying out the bounds of ye Town of New Lon- don, that from ye end of ye eight miles, the measurer run a
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west line to ye Riuer and there they markt a tree agaynst the north end of Vnkos his fort.
[175] In answer to ye request of John Bissel Junr, the Court doth impower the Assistants at Windsor to agree for and with another ferryman to keep the Countrey Ferry, and when they haue prvided a sufficient man, and not before, this Court doth release John Bissell of his engagment for keeping the Ferrey.
This Court by their vote gaue liberty to Mr. Pitkin to be a Councelour to plead for Thomas Burnam in his appeale to this Court. They also ordered Mr. Pitkins to giue in al the cheif heads of his plea before he begins to plead vpon the said ap- peale.
Mr. Pitkins affirmes in Court, if he haue not liberty to make new plea besides what were made in the Perticuler Court, he wil throw vp the case and make noe more plea in it. Mr. Pit- kins recals his words, and ye Court passeth them by and fully remits them.
This Court hereby declareth their approbation and confirma- tion of the purchase of the Town of Farmington, of Fifteen acres of meadow of Thomas Wels Esqr, deceased, bounded by the Riuer north, Mr. Newton east, Mr. Howker and John Root Senr, southwest.
In reference to Thomas Burnams appeale, the Court doth judge, that ye Court of Magestrates had sufficient ground to call ye said Burnam to account for his actings in those matters obiected agaynst him ; and doe, secondly, approue of the Prtic- uler Courts examination of Thomas Burnam, in referenc to those things charged agaynst him before his accusation was stat- ed agaynst him in Court. 3ly. This Court doth approue of the manner of ye Perticuler Courts proceeding wth Thomas Burn- am, after his accusation was stated, as wel as before. 4. Respect- ing the sentence itself, passed vpon Thomas Burnam by the Prticuler Court, this Assembly doth approue of the sentence of the said Court and see noe cause to make any alteration thereof.
This Court doth approue of what ye Magestrates haue done formerly, vpon a fame or report of misdemeanour, in calling the persons suspected of delinquency before them, and in ex- amining the case and testimonies, and doe hereby authorize the respectiue Assistants of this Colony, for the future, vpon rumours and fames, to act as aforesaid, and in case the delin-
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OF CONNECTICUT.
[176] quency appear || sufficiently proued, they may pass to sentence, according to Law.
It is ordered by this Court, that in case any person in this Colony shalbe convicted and sentenced by the Prticuler Court for a misdemeanor, and shal enter an appeale therein to ye Gen- erall Court, and by the judgment of ye said Gen11 Court the said appeale be found to be causeles, the person appealing as aforesaid shal pay Fiue pounds to ye Publ: Treasury. And noe person, in case of delinquency of this nature, shal haue liberty of an Atturney to mannadge his case in any of or civil courts.
This Court doth vpon due consideration repeale the order remitting Customes for Wines, Liquors etc., and doe establish the former order requireing the said Customes.
This Court ordrs, that Mr. Steels Bill of 157. baring date 30th of May, 1654, be delivered vp to ye ouerseers of Thomas Wells Esqr deceased, for ye vse of Mr. Fish, they paying vnto Anthony Howkins the sum of Twelue pounds, he haueing proued in Court a promis of Mr. Wels to ad to the said Howkins his wiues portion, in case her first husband Thomas Thomson had any estate come from England, and he hath made appeare that the said Thompson had to ye value of 30l. come from England since this engagement.
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This Court doth hereby impower Mr. Obadiah Bruen to ad- minister the oath of a Constable to those yt are chosen Con- stables for the Township of N: London for this yeare ensueing.
This Court doth recomend it to ye consideration of the Towne of Hartford, that they would speedily consider of some way to ease the Widdow Lord of her comon fence, it appear- ing to them yt she is burthened by mainteineing it hitherto.
Thomas Bull, Thomas Bunc and James Steel are to considr of her greivance and report their considerations to ye Court in May next.
This Court doth grant vnto John Adams, 300 acres of land, at ye place where his father Adams took vp land in ye way to N: London, whereof thirty acres of meadow ioyneing to his father or Nicholas Olmsted. He relinquisheth his right at Fair- field.
This Court grants the bounds of Middletown to extend four miles to ye South from ye meeting house, and five miles from
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ye said house, westward; three miles from ye Great Riuer, eastward.
[177] This Court hath voted and desired the Dep: Gouernor, Mr. Math: Allyn, Capt John Talcot and Lt Jo: Allyn, and for a reserue to ye Maior, Mr. Willys, as a Comittee to goe downe to N: Hauen, to treat wth or Honord and Lo: freinds about set- ling their vnion and incorporation wth this Colony of Conect: And in case the Comittee cannot effect an vnion, according to instructions giuen them by the Court, that then they indeauour to settle a peace in the Plantations vntil such time as they and we may be in a further capacity of issueing this difference, and to act in referenc herevnto as they iudge most meet.
William Wadsworth and John Deming Senr are allowed pr the Court, fiue pounds a peice for their care and paines in ouer- sight of Mr. Wels his estate.
The Magestrates ordr Samll Boreman to deliver the little Bible and a paper book, vnto Amos Williams, wch was giuen to him by his mother, and that he and Willm Goodrich distribute the estate to ye Creditors.
This Court doth grant liberty to Samll Marshall to sell liquors by retaile, but not to suffer any liquors to be drunk in his house.
It is ordered, that in case the Comittee doe not issue an agreemt wth N. Hauen Gent: according to their instructions, before their returne, that then all propositions and instructions from ye Court, respecting vnion wth that people, are void and of none effect.
This Court allowes vnto Mr. Rosseter, Twenty pounds, in reference to openinge Kellies child, and his paynes to visit the Dep: Gouernor, and his paynes in visiting and administring to Mr. Talcot. Of this Twenty pounds, he hath already receaued 11l. 1s. 4d. He is to make noe further demands of any prtic- uler prsons.
It is ordered by this Court, that the Customasters formerly established by the Generall Court in the respective Townes shal attend the worke formerly appoynted to them by order of the Court, and that each Custome master shal giue an account at October Court yearly to ye Treasurer, of what Customes they receaue, and if any Custome master shal neglect to giue an account as aforesaid, he shal pay 40s. for every such neglect,
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OF CONNECTICUT.
tych the Treasurer, shal by Warrant destreine from ye delin- quent.
[178] This Court doth order that in ye vacancy of the sitting of the Generall Court, there shalbe a Councill, consisting of the Assistants here on the Riuer, or such as can convene, to ye number of fiue at least, to act in emergt occasions that con- cerne ye welfare of this Colony. And hereby doe authorize the said Councill to act in all necessary concernments, both miletary and civill, according as the prsent exegents require and call for.
Mr. Willys and Willm Wadsworth are appointed to be a Comittee to order and dispose all matters to issue the busines about the Pattent Rate, and to order the repaying of Wheat borrowed from severall prsons for the Countreys vse.
This Court doth disallow of Sea Brook Constables Accot of charges for witnesses respecting Jennings, and doe not see cause to allow the witnesses pay for their time and travaile, nor to any other vpon such accounts for ye future.
This Court doth order the Marshall to goe downe to Sea Brook, and to destrein the sum of Fifty pounds of the estate of Reynold Marvin, for yt wch ye Countrey should haue receaued of the said Reynold for horses that he was ordered to seek vp to be sold, and for neglect in attending their ordr herein. And respecting a mare wth the increase, that Robt Chapman hath, belonging to ye Countrey, the Marshal is ordered to seize on her, wth ye increase, or in want of her, soe much of Chap- mans estate, if he giue not an account of the sale of ye mare according to ye Treasurers order. And what estate ye Mar- shall doth receaue or destrein, he hath power either to bring it vp, or to order prudently that it may be paid to ye Treasurer or his order.
The Town of N: London is to discharge the accot of Thomas Tracy, at Georg Tongs, for wt he expended in laying out N: London bounds.
This Court doth appoint Capt: Nubery, Edward Griswold and John Moore to be as a Comittee, and hereby they are im- powred to lay out all those lands that are yet vndevided at Mussaco, to such inhabitants in Windsor as desire and need it. [179] This Court doth declare, that it is theire mind that the
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Marshal haue allowed him for every mile he goeth to serue an execution or attachmt, four pence forward and fourepence homeward. And this they iudge to be the intent of the former order respecting the Marshals fees.
This Court vndrstanding that the hand of God is gone out agaynst the people at New Netherlands, by pestilentiall infec- tions, doe therfore prohibit all persons for comeing from any of those infectious places into this Colony and amongst or people, vntil ye Assistants are informed and satisfied that the distempr is allayed ; and that whoeuer breaks this order shal pay Fiue pound fine to ye publ: Treasury. And if any person shal bring a vessell from thenc and land their men or goods in any har- bour in this Colony, the Master of ye vessell shal forfeit Ten pounds to ye Publ: Treasury. And ye Constables in each Town are hereby required and authorized to distrein the fines of such as transgress this order. And whoeuer of or people shal goe aboard any such vessell he or she shal pay fiue pounds to ye Treasury for euery such offenc. The Constables in each Town are to informe the Masters of vessels, of this order.
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