Minutes of the Council of the Delaware state from 1776 to 1792, V 2, Part 22

Author: Delaware. General Assembly. Senate. 1n
Publication date: 1887
Publisher: Wilmington, The Historical Society of Delaware
Number of Pages: 1226


USA > Delaware > Minutes of the Council of the Delaware state from 1776 to 1792, V 2 > Part 22


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Mr. Snow proposes Major John Patten.


Mr. McCall proposes Isaac Carty, Esquire.


Mr. Hyatt proposes William Peery, Esquire.


Mr. Shankland proposes Col. John Jones.


Then the two Houses separated.


Council adjourned to ro o'clock to-morrow morning.


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FRIDAY, October 27, A. M.


Council met. The minutes of yesterday were read.


Mr. Duff, a member of Assembly, attending, was admitted and delivered to the Chair a verbal message from the House of As- sembly, which follows in these words, viz:


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1003


THE DELAWARE STATE, 1786:


A VERBAL MESSAGE FROM THE HOUSE OF ASSEMBLY TO THE COUNCIL.


Gentlemen :


The House of Assembly propose to the honorable the Council that both Houses of the General Assembly meet, in the As- sembly Room, at four o'clock this afternoon, for the purpose of electing, by ballot, out of the persons put in nomination yes- terday, a President of this State, and Delegates to represent the State in the Congress of the United States.


Friday, A. M., October 27th, 1786.


Which, by order, was read.


The committee appointed to bring in a bill to alter, amend, and continue the act entitled "An act for auditing and arranging the accounts of this State, and for the more effectual settlement of the same," do now report that they had essayed a dratight of a bill for that purpose, which they laid on the table.


On motion, by order, the same was read, and, by special order, read the second time, and it shall pass.


Ordered, on motion, that Mr. Snow wait on the House of Assembly with the said bill, for concurrence, and the verbal message concurred in by Council.


Adjourned to 3 o'clock.


Council met.


FRIDAY, Oct. 27th, P. M.


Mr. Snow reported that he had delivered the papers commit- ted to his charge to the House of Assembly, according to order.


Mr. McCall, a member of Assembly, attending, was admitted and informed Council that the House of Assembly were ready to receive them for the purpose of balloting for the President of the State and members of Congress to represent this State in the Congress of the United States.


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MINUTES OF THE COUNCIL OF


The Council attended the House of Assembly in order to ballot for a President and Commander-in-Chief of this State, and also members of Congress from this State to the Congress of the United States, and the votes being received by the Speakers for President, and read, it appeared that Thomas Collins, Esq., was unanimously chosen, and is declared duly elected as Presi- dent and Commander-in-Chief of this State.


The two Houses then proceeded to the choice of three persons for Delegates in Congress, and the votes being received by the Speakers and read, it appeared that Thomas Rodney, Nathaniel Mitchell, and Gunning Bedford, Esquires, were chosen by a ma- jority of votes and are declared duly elected.


On motion,


Resolved by both Houses, That the Speakers inform Mr. Col- lins of his being elected President and Commander-in-Chief of this State, and require his answer to-morrow whether he will accept the same.


Then the two Houses separated.


Council adjourned to 10 o'clock to-morrow morning.


.


SATURDAY, 28th, A. M.


Council met. The minutes of yesterday were read.


The Speaker informed Council that the Speakers of the two Houses had written a letter to Mr. Collins, agreeable to the order of yesterday; that this morning they received an answer to the same.


On motion, by order, the letter from Mr. Collins was read, wherein he expresses his high sense of the honor conferred upon him by his being elected to that honorable office by the unani- mous voice of the General Assembly, that therefore, however unqualified he may consider himself for filling that station, he shall accept it.


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THE DELAWARE STATE, 1786.


1005


Ordered, on motion, that Mr. Tilton wait on the House of Assembly and deliver to the Speaker thereof the letter from Mr. Collins;


Who, being returned, reported that he had delivered the same according to order.


Adjourned to 3 o'clock, P. M.


EODEM DIE, P. M.


Council met.


Mr. Polk, a member of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act for suspending exe- cutions for a limited time;" which, on motion, by order, was read.


Ordered to lie on the table.


Mr. Davis, a member of Assembly, attending, was admitted and delivered to the Chair a bill entitled "An act for continuing an act entitled 'An act for the auditing and arranging the ac- counts of this State, and for the more effectual settlement of the same,'" with a resolution of that House of their intending to adjourn the present sessions this evening to some future day; which, on motion, by order, were severally read.


By special order, the said bill last mentioned was read a second time, and it shall pass.


On motion,


Ordered, That a certificate of the appointment of the Honor- able Thomas Collins, Esq., to the office of President and Com- mander-in-Chief of the State, signed by the Speakers of the two Houses, and sealed with the Great Seal of the State, be made out and delivered to Mr. Collins.


On motion,


Resolved, That the Speaker of the Council be authorized to


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MINUTES OF THE COUNCIL OF


administer as well the oath of allegiance and declaration of faith as the oath of office, to the Honorable Thomas Collins, Esquire, now appointed President and Commander-in-Chief of this State, as directed by the twenty-second section of the system of Gov- ernment, and that the same be certified into the Secretary's office.


On motion,


Ordered, That Mr. Laws wait on the House of Assembly and deliver the order and resolution of Council respecting the quali- fying the Honorable Thomas Collins as President of this State, for their concurrence; and also to return the bill for continuing the act for auditing and arranging the accounts of this State, &c., concurred in by Council;


Who, being returned, reported the delivery thereof according to order.


Mr. Porter, a member of Assembly, attending, was admitted and delivered to the Chair a report of the Auditor respecting a tombstone erected over the grave of Col. Haslet.


On motion, by special order,


The bill entitled "An act for suspending executions for a lim- ited time," was read a second time, and after some observations thereon, is by Council disagreed to.


Mr. Evans, a member of Assembly, attending, was admitted and delivered to the Chair the resolution and order respecting the qualifying the Honorable Thomas Collins, Esq., as President of this State, concurred in by the House of Assembly; also the certificate of the appointment of Mr. Collins President and Com- mander-in-Chief of this State, with the Great Seal thereunto. affixed, and signed by the Speaker of that House.


The report of the Auditor concerning the tombstone over the grave of Col. Haslet, was read and concurred in.


Ordered, That the Speaker of Council sign an order in favor of Eleazer McComb, Esq., for 45 : 14 : 6, the balance remaining due to the workmen for that tombstone.


On motion,


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1007


THE DELAWARE STATE, 1786.


Ordered, That Mr. Snow wait on the House of Assembly and return the bill entitled "An act for suspending executions for a limited time," disagreed to by Council; also the report of the Auditor with respect to Col. Haslet's tombstone, agreed to by Council.


Adjourned for half an hour.


Council met according to adjournment.


The Speaker now reported that, in pursuance of the direction of the General Assembly, he had proceeded to administer the oath of fidelity to the State and the oath of office to his Excel- lency Thomas Collins, Esquire, President and Commander-in- Chief of this State, and that he took and subscribed the declara- tion of faith in his presence, and that he had delivered him the certificate of his appointment, signed by the Speakers of both Houses, and certified the same into the Secretary's office.


On motion,


Ordered, That the following accounts be allowed, and that orders be drawn and signed by the Speaker for the same; which was done accordingly, to wit:


To the Honorable George Craghead, Speaker, for 7 days' attendance and mileage, £7 16 0 To George Read, Esq., for 6 days' attendance and mileage,


5 2 0


To Nicholas Vandyke, Esq., for 7 days' attendance and mileage, . . 5 7 4 To Silas Snow, Esq., for 7 days' attendance and do., 4 IO 8


To James Tilton, Esq., for 7 days' attendance, .


To Jolin Baning, Esq., for 7 days' attendance, .


4 4 0 4 o To Henry Neill, Esq., for 3 days' attendance and mileage,


3 6 6


To Alexander Laws, Esq., for 7 daysʼ attendance and do.,


5 6 0


Carried forward,


£ 39 16 6


وسلم


1008


MINUTES OF THE COUNCIL-1786.


Brought over, . £ 39 16 6 To James Sykes, Esq., for 9 days' attendance and paper, 5 17 10 To James Sykes, Esq., for cash paid George Rowon, for a press to keep the papers of Council, 4 5 0 To James Newnam, Doorkeeper, for attendance and riding express, . 4 0 0 To Mrs. Elizabeth Battell, for the use of a room, fire- wood and candles, 500


£ 58 19 4


Mr. Grantham, a member of Assembly, attending, was admit- ted and delivered to the Chair an engrossed bill entitled "An act for continuing an act entitled 'An act for the auditing and arrang- ing the accounts of this State, and for the more effectual settle- ment of the same,' " signed by the Speaker of that House; a resolution for affixing the Great Seal to that law, and an order for 45 : 14 : 6, the balance remaining unpaid on Col. Haslet's tombstone, signed by the Speaker of that House also.


On motion,


Ordered, That the Speaker of Council sign the order in favor of Eleazer McComb for 65 : 14 : 6, the balance unpaid on Col. Haslet's tombstone.


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Which was done accordingly, and the resolution for affixing the Great Seal to the last mentioned bill concurred in.


The said bill was read and compared, and, by order, signed by the Speaker.


On motion,


Ordered, That Mr. Laws wait on the House of Assembly and return the last mentioned bill and resolution for affixing the Great Seal thereunto.


Mr. Broom, a member of Assembly, attending, was admitted and delivered to the Chair a notification from the House of As- sembly that they had adjourned to Monday, the eighth day of January next.


Then Council adjourned to the ninth day of January next.


HEARINGS


MINUTES OF COUNCIL.


1787. ..


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313/000 90 ZITUVIM


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VOTES AND PROCEEDINGS


OF THE


COUNCIL OF THE DELAWARE STATE.


ADJOURNED SESSION, JANUARY, 1787.


JANUARY 9th, 1787.


Council met agreeable to adjournment. Present Mr. Crag- head, Mr. Read, Mr. Tilton, Mr. Baning, Mr. Polk, and Mr. Laws.


Adjourned to 10 o'clock to-morrow morning.


WEDNESDAY, IOth, A. M.


Council met and adjourned to ro o'clock to-morrow morning.


THURSDAY, IIth, A. M.


Council met and adjourned to 3 o'clock this afternoon.


EODEM DIE, P. M.


Council met. Mr. Snow appeared and took his seat.


Adjourned. to 10 o'clock to-morrow morning.


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MINUTES OF THE COUNCIL OF


FRIDAY, January 12th, A. M.


Council met. Present the same members as on yesterday. Adjourned to 3 o'clock this afternoon.


EODEM DIE, P. M.


Council met. Present the same members.


Adjourned to 10 o'clock to-morrow morning.


SATURDAY, January 13th, A. M.


Council met.


Mr. McCall, a member of Assembly, was admitted and deliv- ered to the Chair a resolution of that House, which, by order, was read, and follows in these words, viz:


IN THE HOUSE OF ASSEMBLY,


FRIDAY, A. M., Jan. 12, 1787.


On motion,


Resolved unanimously, That this House will not take into con- sideration any new business within the space of two days before the conclusion of the sitting of this House, and that a copy of this resolution be sent to the Council for their information.


JAS. BOOTH, Cl'k of Assembly.


Adjourned to 4 o'clock, P. M.


EODEM DIE, P. M.


Council met. Mr. Vandyke appeared in the House and took his seat.


Adjourned to Monday morning next at 10 o'clock.


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THE DELAWARE STATE, 1787.


MONDAY, January 15th, A. M.


Council met and adjourned to 3 o'clock, P. M.


EODEM DIE, P. M.


Council met. Mr. Neill appeared in the House and took his seat.


The committee to whom was referred the bill entitled "An act for the more equal assessment of property within this State; and for other purposes therein mentioned," now reported the same, which they submitted to the consideration of the House.


On motion, ordered, that the said bill be taken up and pro- ceeded upon to-morrow morning.


Mr. Read presented to the Chair a letter from Gunning Bed- ford, Esquire, Prothonotary of New Castle County, addressed to the General Assembly of this State, which, on motion, was read, wherein he acknowledged the honor done him by his appoint- ment to the important trust of one of the Delegates from this State to the United States in Congress, and representing that, from his present situation, he could not give that attendance there which he apprehends necessary, and humbly requests that he may be excused from that duty, and that some other person may be appointed in his place.


On motion,


Ordered, That Mr. Polk wait on the House of Assembly and deliver the letter aforesaid;


Who, being returned, reported that he had delivered the same according to order.


Adjourned to ten o'clock to-morrow morning.


غ الى السحبط أحد لى


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MINUTES OF THE COUNCIL OF


TUESDAY, January 16th, A. M.


Council met. Present all the members.


The minutes of yesterday were read.


Agreeable to the order of the day, Council took up and pro- ceeded to the reading, by paragraphs, the bill entitled "An act for the more equal assessment of property within this State, and for other purposes therein mentioned," which, after some time spent therein, is deferred to further consideration until the after- noon.


Adjourned to 3 o'clock, P. M.


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EODEM DIE, P. M.


Council met. Present the same members, and resumed the consideration of the last mentioned bill, and after sundry para- graphs being read and agreed to, the further consideration thereof is deferred till to-morrow morning.


Adjourned to 10 o'clock to-morrow morning.


WEDNESDAY, January 17, A. M.


Council met. Present all the members.


The minutes of yesterday were read.


Council proceeded to reading the remaining parts of the bill entitled "An act for the more equal assessment of property within this State, and for other purposes therein mentioned,"


الحارسر شد


1015


THE DELAWARE STATE, 1787.


and after some progress made therein, is postponed till the after- noon.


Mr. Porter, a member of Assembly, attending, was admitted and delivered to the Chair the accounts of John McKinly, Esq., with the amendments proposed by Council thereunto, to which the House of Assembly acceded; also a general statement of the monies due from this State to him, and resolutions of that House that orders be drawn on the State Treasurer in his favor for the same, signed by the Speakers of both Houses, and sent to Council for concurrence.


Ordered to lie on the table.


Adjourned to 3 o'clock this afternoon.


EODEM DIE, P. M.


Council met. Present all the members.


The Speaker presented a letter from Mr. William Winder, Commissioner for settling the accounts between the State of Delaware and the United States; which, by order, was read and referred to a committee of three, to report thereon.


Whereupon Messrs. Vandyke, Tilton, and Laws are appointed a committee for that purpose.


The statement of the accounts of John McKinly, Esquire, as agreed to by the House of Assembly, was read and concurred in.


Resolved, That the Speaker of Council sign the orders to be drawn in favor of the said John McKinly for the sums and in the manner as specified in the resolutions sent up by the House of. Assembly, and concurred in by Council, are expressed.


On motion,


Ordered, That Mr. Snow wait on the House of Assembly with the accounts of John McKinly, Esquire, and the statement there- of made by that House and acceded to by Council.


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MINUTES OF THE COUNCIL OF


Who, being returned, reported he had delivered the same ac- cording to order.


Council resumed the consideration of the bill entitled "An act for the more equal assessment of property within this State, and for other purposes therein mentioned," and after some time spent therein, is deferred till to-morrow morning.


Adjourned to 10 o'clock to-morrow morning.


THURSDAY, January 18th, A. M.


Council met. Present all the members.


Mr. Duff, a member of Assembly, was admitted and delivered to the Chair a bill entitled "An act to prevent the exportation of slaves from this State to either of the Carolinas, Georgia, or the West Indies, and for other purposes," for the consideration and concurrence of Council.


On motion, by order, the said bill was read.


Council resumed the consideration of the bill entitled "An act · for the more equal assessment of property within this State, and for other purposes therein mentioned," completed the reading thereof, agreed to sundry amendments, and it shall pass and be sent to the House of Assembly for consideration and concur- rence.


Ordered, That Mr. Neill wait on the House of Assembly and deliver the said bill;


Who, being returned, reported the delivery thereof according to order.


The committee to whom was referred the letter of Mr. Winder now reported thereon.


Adjourned to 3 o'clock, P. M.


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THE DELAWARE STATE, 1787.


IO17


EODEM DIE, P. M.


Council met. Present all the members.


On motion, by order, the report of the committee to whom was referred the letter of Mr. Winder, was read and acted upon, as follows:


WHEREAS it appears from the representation of Mr. Commis- sioner Winder that there remains in his office a few claims for supplies furnished and services rendered to the United States by citizens of this State, some of which he, the said Commissioner, cannot liquidate and settle without further evidence, and other of those claims, though sufficient evidence of the same, that none of the persons to whom they appear to be due, or any .others authorized to receive them and give discharges, have applied to the Commissioner, and the term of his appointment will shortly expire; therefore


Resolved, That James Booth, Esq., the Secretary, is hereby appointed and authorized to receive from the Commissioner aforesaid all and every of the accounts and claims for supplies as aforesaid whereof the said Commissioner shall not have sufficient evidence, in his opinion, to liquidate and settle, and also all and every certificate which may be issued by the said Commissioner, in discharge of the balances of the aforesaid claims, which he may liquidate before the term of his office shall expire, belonging to or in favor of any citizen of this State; and that Mr. Secretary give his receipt to the Commissioner for the same, which, in the opinion of this General Assembly, ought to be considered as a sufficient voucher to discharge the said Commissioner from the claim of the parties entitled to such certificates or accounts.


Resolved also, That the Secretary forthwith, after such delivery and receipt from the Commissioner, notify the persons interested in such accounts and certificates of their being in his possession for their use, and on their respective applications to deliver over the same, taking receipts therefor, and from time to time report his proceedings in the premises to the General Assembly.


On motion,


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MINUTES OF THE COUNCIL OF


Ordered, That Mr. Laws wait on the House of Assembly and deliver Mr. Commissioner Winder's letter, and the resolutions of Council founded thereupon, for consideration and concurrence;


Who, being returned, reported the delivery thereof.


On motion, by order,


The bill entitled "An act to enable all the religious denom- inations in this State to appoint Trustees, who shall be a body corporate for the purpose of taking care of the temporalities of their respective congregations," is to be taken into consid- eration to-morrow morning.


On motion, by order,


The bill entitled "An act to prevent the exportation of slaves from this State to either of the Carolinas, Georgia, or the West Indies, and for other purposes," was read a second time.


Adjourned to ten o'clock to-morrow morning.


FRIDAY, January 19th, 1787, A. M.


Council met. Present all the members.


The minutes of yesterday were read.


Doctor Evans, a member of Assembly, was admitted and de- livered to the Chair a bill entitled "An act to compel executors to give security for the faithful discharge of the duty reposed in them by their testators."


On motion, by order, the last mentioned bill was read.


Agreeable to the order of the day, Council proceeded to the consideration of the bill entitled "An act to enable all the religi- ous denominations in this State to appoint Trustees, &c.," and after some time spent therein is deferred until the afternoon.


Adjourned to 3 o'clock, P. M.


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1019


THE DELAWARE STATE, 1787.


EODEM DIE, P. M.


Council met. Present all the members, and resumed the con- sideration of the last mentioned bill, which, being read by para- graphs, sundry amendments were proposed and agreed to, and it shall pass.


On motion,


Ordered, That Mr. Snow wait on the House of Assembly with this bill, for their consideration and concurrence, with the petitions on that subject;


Who reported the delivery thereof.


Messrs. Laws and Neill have leave of absence until Puesday evening next.


Adjourned to 10 o'clock to-morrow morning.


SATURDAY, January 20th, A. M.


Council met. Present all the members, except Messrs. Tilton, Neill, Laws, and Polk.


Mr. McCall, a member of Assembly, was admitted and return- ed to the Chair the bill entitled "An act for the amending and continuing the provisions made in the act entitled 'An act for the auditing and arranging the accounts of this State, and for the more effectual settlement of the same,' " sent to that House for consideration and concurrence, with sundry amendments pro- posed thereto by the House of Assembly; which amendments were, on motion, by order, read.


Adjourned to 10 o'clock on Monday morning next.


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MINUTES OF THE COUNCIL OF


MONDAY, January 22d, 1787, A. M.


Council met and adjourned to 10 o'clock to-morrow morning.


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TUESDAY, 23d, A. M.


Council met. Present all the members, except Messrs. Neill, Polk and Laws.


The minutes of Saturday were read.


Mr. Speaker laid a letter on the table from John Dickinson, Esquire, addressed to him, recommending Mr. John Fitch as a person who is endeavoring to introduce the use of steam engines into this country, &c.


On motion, by order, the letter was read and referred to a committee of three, viz: Messrs. Vandyke, Snow, and Tilton, who are to report thereon.


On motion, by order, the amendments proposed by the House of Assembly to the bill entitled "An act for amending and . con- tinuing the provisions made in the act entitled 'An act for the auditing and arranging the accounts of this State, &c.,' " was read a second time.


On motion, by order,


The bill entitled "An act to compel executors to give security, &c .. " was read a second time.


Adjourned to 3 o'clock, P. M.


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لهما


IO21


THE DELAWARE STATE, 1787.


EODEM DIE, P. M.


Council met. Present the same members as in the forenoon.


The committee to whom was referred Mr. Dickinson's letter in favor of Mr. Fitch, now reported that they had conversed with Mr. Fitch on the subject, that he informed them he had applied to the House of Assembly respecting the matter mentioned in that letter, and the committee, expecting the Council would re- ceive communications from that House, thought it unnecessary to make further inquiry of Mr. Fitch relative thereto.


Adjourned to 10 o'clock to-morrow morning.


WEDNESDAY, January 24th, A. M.


Council met. Present all the members, except Messrs. Neill and Polk.


The minutes of yesterday were read.


Mr. Cannon, a member of Assembly, was admitted and deliv- ered to the Chair a bill entitled "An act to enable the owners and possessions of a certain parcel of marsh, meadow, and cripple, hereinafter described, situate on Little St. Georges Creek, in St. Georges Hundred, in New Castle County, fronting the River Del- aware, to keep the banks, dams, sluices and floodgates thereof in repair," with the petition of the owners and possessors thereof, and a newspaper, containing an advertisement giving notice of their intended application to the General Assembly for leave to bring in the said bill.


Mr. Gordon, a member of Assembly, was admitted and deliv- ered to the Chair a bill entitled "An act to appoint Edward Oldham and Mary, his wife, trustees to take care of the property of Joseph Ensor, an idiot," together with a petition for leave to bring in such a bill, and two acts of the Legislature of the State


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MINUTES OF THE COUNCIL OF


of Maryland thereon so far as the estate of said Joseph is within that State.


On motion, by order,


The bill entitled "An act for amending and continuing the provisions made in the act entitled 'An act for the auditing and arranging the accounts of this State, &c.,' " was taken into con- sideration, with the amendments proposed by the House of As- sembly thereunto, all of which was agreed to but the 3d and 4th, to which Council proposed amendments.


On motion,


Ordered, That Mr. Laws wait on the House of Assembly and return the said bill and amendments, and the proposed amend- ments of Council, for their consideration and concurrence;




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