USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 5
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62
RECORDS OF THE COURT OF NEW CASTLE.
all debts due to mee in the said River of delowar, and to Give discharges or acquittances for such debts by hur or her attorney Receaved.
In Witnesse whereof I: haue hereunto sett my hand & seale this tenth day of aprill aº 1675.
Signed & Sealed in the (signed John Carr (L s)
presence of us : Jan Cosyns The marke of Patrik P C Carr
Copia
Know all men by these prsents that I : Peteronela Carr of Elke River haueing Receaued full power from my husband John Carr for the disposing and selling of all or Estate per- sonall and Reall doth therefore think fitte by vertue thereof to Constitute and appoint you Thomas Sprye to bee my true and trusty attorney to sell all or any of my Reall estate now Lying in delowar River for the payment of such debts as can bee anyway made good from any person, made or contracted by my husband or mee and that ye remainder of my Estate shall bee for ye use of me & my Childeren, the wch estate I: can produce Pattents for, and further I : doe constitute & ap- point you my Lawfull attorney & doe by these prsents give you full power to aske demand & Receive all sutch debts as is due to me in the sd River of delowar & further I : doe give you Power to Imprison Implead acquit or discharge as if [I] was p'sonally present. And for the better intent & meaning of this my Letter of attorney I : have thereunto set my hand & seale this 2nd day of June aº 1675. Sealed & delivered in ye (Signed)
presence of us : Jan Cosyns Petronella Carr
The mark of Patrick Carr P C. (s)
63
RECORDS OF THE COURT OF NEW CASTLE.
Coppy of the Vendue
of Capt : Carr's Estate. 12th of June 1675.
A : outcry to bee held of all the houses Lands and possessions of Capt. John Carr in the Towne or River of delowar, the Conditions are as followeth-they that shall buy shall pay the payment before the Last of November next ensuing, the pay to be in wheat, porke in Caske, Tobbacco or servants or peltery price Currant ; and if any p"son shall buy that cannot prsently bring in security for his payments, then what bought to bee again sold att same outcry, to the damadge of the buyer if Lesse: if more to the profit of owner; the Vendu Mastr to have a styver in the Gilder, and the Cryer halfe a styver, all this payment to bee prsent Execution for fayler.
(Signed) B : Block.
The house of Capt" Carr - Mr Jo Moll for Henry Ward . # 1900
gildr
called by the name of the Stats herbergh.
The houses and Land knowne by the name of the greate house wth the blokhouse and kitching wth the erves thereto belonging.
Mr John Edmonssen # 3300
The house belonging to Capt" Carr lately in the Possession of Anthony Bryant Lying be- tweene Valley & Valley accord- ing to pattent. 1
Capt" Cantwell . . + 1250
The Land byond the Creeke 1
if the Governor give it away to the Towne well, if not the Towne to pay the sª sume.
+ 2000
Gilders + 8450
M" John Laa aknowledged in Court a mortgage of 1000 gilders by him past to Justa Anderson uppon the house & twoo Lotts of ground by him the said John Lawe bought of
64
RECORDS OF THE COURT OF NEW CASTLE.
the sd Justa wch sd mortgage beares date 24th of January 1676, etc.
William Currer aknowledges in Court to have made over unto Justice John Moll all his Right tytle and Intrest to twoo Cowes wch he is to have of Justa Anderson ; to bee Reccond att 800 Ib of Tobbacco, Lykewyse what Tobbacco and Corne is att the plantation of the sd M' Moll for the payment of 2767 Ib of Tobbacco & the Remainder to be Returned unto sª Currer.
Uppon the Peticon of John Walker sheweing that the Peticon" was ordered by this Court to pay to Capt" Cantwell by assignment of Timothy Love the quantity of 2400 Ib tobbacco: wch sd tobbacco was in full payment of a Certaine percell of Land of 500 acres Lying in Sasafracx Creeke for wch sd Land the Peticon" can gett no Lawfull assurance by Reason the sd Timothy is Run away; notwithstanding that the sd Timothy entered into bond of 8000 Ib of tobbacco to make yor Peticoner assurance for the same in this Court by the 9th of May past: wherefore the Peticoner desiers that itt may bee putt uppon Record that the sd 2400 Ib of tobacco wch hee is now ordered to pay to Capt" Cantwell, is in full payment of the sª 500 acres of Land etc.
The Court do Grant the Peticoner his sd Request and order that wch is abovesd to bee putt uppon Record.
Thomas Woolleston was this day sworne in his place of undersherrife marshall & Cryer of the Court: followeth the forme of the oath etc.
Whereas you are Chosen by the high Sherrife and Confirmed by the Comander & Court of New Castle to bee undersherrife marshall and Cryer of this Court wthin the Jurisdiction thereof; You do sweare by the ever living God that you will truly and faithfully discharge the said place of undersherrife marshall and Crier, that you will fully Execute and prforme all war- rants attachments summonses & the Lyke wch shall from tyme to tyme bee directed to you from his honor the Governor or from the Commander or Court here, and in all Respects dis-
65
RECORDS OF THE COURT OF NEW CASTLE.
charge the sd places and the Trust Reposed in you, according to the Lawes of the Governmt and the best of your knowledge: so help you God.
According to his honor the Governor order. Itt was this day Resolved & Concluded by the Commander & Court, that a Prison wth a dungeon under itt bee built in the fork wth all Expedition, also a weighouse to bee built with the Lyke expedition in some Convenient place neare the watersyde. ye manner of building the same is Left to the Contryvance & ordering of Capt John Colier and Mr Moll.
The Court Resolved this day to send to his honor the Gov- ernor The following Letter :-
N. Castle febry Sth 1679
Right Honorble ST
We have Received yor Honors Gratious answer dated ye 23rd of novembr Last past to ors of the 8th of same moneth, and doe hereby Returne yo" Honor humble thanks for his Reddynesse to Improove all opportunitys for the good of the River and in perticular of this place, whereof wee are made dayly more Sensible : In further answer to ye same, order is taken for the Errecting of a prison, and a weighouse to bee built with all possible Expedition ; about the watching of all those wthin a mile of the Towne wee Reply that some of those of Swanwike wil fall wthin the mile & others their neighbours wthout, although they Live but next doore, wich will cause discontent the one haveing wthin a small matter as farr to goe as the other wee therefore desier his honors further order therein ; As to the Levy of a penny in the pound weh yor honor was pleased to allow The People Live so far distant and , their Estates for the most part soe Inconsiderable, that we can find noe Convenient way to discover the vallue of their said estates, and if discovered to bring itt in a valluable manner to Receive. But if yor Honor will bee pleased to allow of a Levy to be laid by the Pole as those of Virginia and Maryland doe and have Continued itt for so many Jears not finding out a 5
66
RECORDS OF THE COURT OF NEW CASTLE.
more easie and better way, then the Levy can bee easier made and Received : The Sasquehannos have not been in Towne. but passing by on the bakeside, went upp the River If they had desiered any thing they should have ben treated accord- ing to yor honor's order ; We hope yo" honor Will be pleased to Remember or former Peticon about the sending of soldiers, the Lawbooke, and seale: here Inclosed wee send yor honor a coppy of the former fynes as alsoe of the fynes sence Capt1 Coliers comming.
Wee alsoe now p'sent his honor wth the hereafter mentioned particulars, humbly desiering his honors order and approba- tion for the same.
1. That yo" Honor will bee pleased soe far to Impower the Commander Capt" John Colier or the Court that wills may bee proved before them and Letters of administracon granted accordingly wth ye fees for the estates of the most part of the People in these parts, are so Inconciderable, that otherwyse the Charges & Expenses of going to yor honor att New Yorke for to obtaine the same may Proove mutch to the hinderance of such Estates.
2. Wee desier his Honor to nominate some fitt p"son for vendu master in the River, or els to Impower the Court to do the same, Itt haveing alwayes ben a custome here and often occasion Requires the same.
3. That the valley above the Towne Lately belonging to Capt" John Carr and by yor Honor given to the Towne for a Common, may be a stinted Common, to bee shut upp the first of May & opened againe the Last of July : and that Every Individual Burger have his Equall sheare therein, and their parts being Laid out by the surveigor, then to draw Lotts for their Shears, and noe man to put in more then one other : Lykewyse thatt all p"sons who shall bee Concerned in the said comon bee oblidged to maintaine the dyke & fence wth the sluice in keeping itt in Repair, and if any one openly Refuse, then to Loose their sd Commonadge.
4. That an order may be set forth in the River and Bay
67
RECORDS OF THE COURT OF NEW CASTLE.
forbidding all prsons not to Transport or sett over, or Lend a Vessell to any strange p'son to goe over to the Eastsyde of this River wth out a Ticket from a magestrate as alsoe servants, uppon penalty that every such prson soe setting ouer or con- veiging any p'son who shall bee fugitieve & in debt be Lyable to make good the debts, and if a servant to make good the Tyme of his servitude to the master ; Yor honor may bee pleased to concieder that if such order bee not made (when the alteration of the Governmt commet (?) on the other syde) wee shall not bee able to keep any servants on this syde.
And Lastly that yor Honor will be pleased to admit of a Generall Court or meeting of all the Justices as heretofore (if butt onley for the makeing upp of the Levys Collecting of gen- erall Revenus & other Publicq and Gener" afayres) wch if yor Honor thinkes not Convenient to bee that then yor Honor will p'scrybe us a way how that that wch is alreddy In generall done shall bee stated and devyded, and alsoe how the Levys and other Generall Taxes yet to come shall be ordered and devyded.
Upon all the aforesaid particulars wee humbly desier his honors favorable order & Construction, Wee being reddy to observe his honors orders and to use all possible Endeavours for the good of the River and advancement of the People over whome yor honor hath Put us who are
Right Honorble Governor Yor Honors most humble Subjects and servants The Court of New Castle In Delowar
The Supperscription was) By order of ye Same To the Right Honorble Eph : Herman
Mayor Edmond Andross
Clarke
Esq" and Governor Gener11 under his Roy" Highnesse Att N. Yorke.
68
RECORDS OF THE COURT OF NEW CASTLE.
Severall prsons Markes Recorded.
Charles Ramsey of Cristina Creeke appeared in the office and desiered to have the Eare marke of his Cattle and hoghs Recorded wch was vizt a forke in the Left Eare and a cropp in ye Right eare.
Caspares Herman desiered to have the Eare marke of his Cattle & hoghs Recorded viz two Cropps and a Slitt in Each Eare.
Dirk Laurentz of oppoquenemen : his marke one Cropp of the Left eare and twoo slitts in the same, wth an underkiell in the Right Eare.
Dirk Willemsen of oppequen : his mark-In each Eare a swallow forke and In the Right eare an underkiell.
John Street in oppoquenemen his marke-a Crop on Each Eare and an underkiell on the Right Eare.
Justice Gerrett Otto his marke a Crop of the Left Eare and a hole in the same Eare.
Jan Siericks his marke. In the Right Eare twoo slitts ; and one underkiell in the Left Eare wth a slitt in the same Eare close unto the sd underkiell.
Ephraim Herman his marke: two cropps and one slitt in the Right Eare.
Aprill 2nd 1677 : Robberd Morton of oppoquenemen his marke one Crop and twoo slits in the Right Eare, and one slit in the Left Eare.
dito William Grant his marke a crop and twoo slits in the Left Eare and a swallowforke in the Right Eare.
John Scot of St Georges his Eare marke two Cropps and In each Eare an underkiell.
Whereas I: am Informed that a servt belonging unto Capt : Edmond Cantwell named Richard fitmn is found dead at high waters marke neere unto St. Georges Creeke: You are therefore Requiered wthout delay to Empannell & sweare a Jury of twelve men of the Neighbours, they to make an Enquest uppon the boddy of the deceased and
69
RECORDS OF THE COURT OF NEW CASTLE.
after the manner of his decease makeing Returne thereof unto mee.
New Castle february 13th aº 1679.
(Signed) John Colier.
To Justice Gerret Otto In oppoquenemen
february 19th Aº 1676 : did Justice Gerret otto make a Re- turne of the verdict of the Jury wch was, that the abovesd Richard was drownded in getting ouer the Creeke.
February the 20th 1679.
Att a Court held in New Castle the 3rd and Continued the 4th of Aprill 1677.
Capt John Colier Command" Mr William Tom -
Mr Fopp Outhout
Prsent
Mr Jean Paul Jacquet
Justices
Mr Gerret Otto Capt" Edm. Cantwell H : Sherrife.
CASPARES HERMAN PIt RALPH HUTCHINSON Deft
Octobr ye 3: 1677 Exe- The Court haveing heard the cause cution was taken out by ye plt agst: ye defts goods & chattels and the deft by his attorney Thomas Spry alledgeing that hee Cannot at prsent make any defence for want of his papers wch by order of the last Court hee was to bring in this Court: Doe order that Judgemt passe against the Deft for the sume of twelve hundered forthy and six gilders wth the Costs; wth Condition if deft bring sufficient Testimony or Wrytings to the Contrary between this and the next Court, then Execution till then to stay, and after that tyme Execution to issue out ex-officio for fayler of prtended proofe.
70
RECORDS OF THE COURT OF NEW CASTLE.
JOHN TARKINTON PIt An attachment for 550 1b of tobo JOHN LARRISON Deft S in James Crawfords hands.
The deft himselfe being absent a Referrence was Craved in the behalfe of James Crawford whoe appearing before the Court broake upp desiered that the case might now be tryed wch the Court grant; but before tryall the partees agreed be- tweene themselves.
JUST: JOHN MOLL Plt This action is suspended untill JOHN BERKER Deft S ye next Court.
1677: 11th Aprill Uppon the Peticon of Moris Liston Execut: issued out: sheweing that James Bestike, was In- debted for his dyet ground and accommodation, the Last Jeare, uppon the Peticon's Plantation, the quantity of six hundered and sixty pounds of Tobbacco; and the sd James being Run out of the Governmt the Peticon" humbly desiered, that hee might be prferred before the other attachments, for soo much of the sd James Bestikes Tobacco now made and still Remain- ing uppon the Peticoners Plantation wth the Costs.
The Court doe allow of the Peticon's Peticon: and order that hee shall bee first p'ferred for the 660 Ib of tobbaco; as being Lord of the soile.
STEPHEN JURIANSEN Plt - attachmt uppon ye defts MAYR JOHN FENWIKE Deft effects for £6.
The Plt declares hee was deceived by the deft who sold him land wth haveing any Right to the same, for the sume of £12: Whereuppon the plt hath paid him 6 Ib as by the defts Re- ceipt appeares, the plts bill Remaining in the deftts hands yett for the full £12: soe that the plt hath attached sume part of the defts estate desiering that the sd attached goods might bee put to sale for the Repaying of the plt his sa £6 and Lykwyse that the Plt might bee by order of Court Cleared of his bill yet in the defts hands, etc.
The Court do order (that sence Mayor fenwike is as yet a prizoner in New Yorke that this action shall bee suspended
71
RECORDS OF THE COURT OF NEW CASTLE.
untill the next Court, In the mean tyme the bill to bee allowed and the plts attachment to bee prferred, and In case the deft doe not make defence either by himselfe or attorney att the next Court then itt will bee taken unto further con- cideration.
LACE HENDRICX Plt { an attachmnt uppon the MAYOR JOHN FENWIKE Deft S Defts effects for £8.
The Plt by his declaration desiering Restitution of £8 by the deft Received of the Plt for Land sould whereto the deft had no Lawfull right together wth annulation of his bill of £12:10 etc.
The Court finding that this action was of the same nature as that of Stephen Jurians doe give the same order therein as In that of sd Stephen Jurians.
MATHIAS BARTELSEN Plt An attachment uppon the MAYOR JOHN FENWIKE Deft defts effects for £3:12.
The Plt by his declaration desiering Restitution of £3:12: by the deft Received for Land sould whereto the Deft had no Lawfull Right together with annulation of this Pits bill past to this deft on same accompt.
The Court finding that this action is of the same nature as the others of Stephen Jurians and Lace Hendricx, doe give give the same order herein as before.
JOHN SIETRICK Plt An attachmt of a certaine Cowe in JAMES BESTIKE Deft S ye pIts owne hands.
1677 11 Ap1 Execution
The Plt makeing itt appeare to the Court
Issued out. that this deft had bought a Certaine Cowe of this plt for wch hee the deft had not paid anything to the Plt-The Court order that the Plt shall have the Cowe againe and as for the Costs the same is to bee found out of the defts Effects by the Plt attached uppon the Plantation of Moris Liston hee as the first attachment to have the prferrence for the same.
72
RECORDS OF THE COURT OF NEW CASTLE.
HARMEN REYNDERSE PIt
HENRY JOHNSON Deft
The Court haveing heard the Case were proceeding to Judgemt: but before Judgemt past, the Partees agreed and withdrew their action.
SAMUEL HEDGE Plt Suspended by the Courts. MAYOR JOHN FENWIKE Deft orders.
THOMAS HEMMING Plt - ordered against the plt wtb
the Plt default a non suit was
JOHN ROUDE Deft - Costs
the 23th of Octob : 1677 : Execution was Issued out uppon this Judge- ment and the same signed by Justice Will Tom. Whereas Johannes De haes made itt. appeare to this Court that Joseph Cheu by his deed bearing date 22ª of June Last Past : did fully clearly and abso- luthly make ouer unto him the sd d' haes: his heirs and assigns for ever a certaine Tract of Land of 400 acres Lying and being in oppoquenemen Creeke neare the old Landing to gether wth the Plantation housing and other the appurtenances thereuppon wth this Provisor only that In case the sd Joseph Cheu should well and Truly pay or Cause to bee paid, unto the sd d'haes the full and Just quantity of 2000 1b of tobbacco att or before the 10th day of March Last past that then the sd Land and premises should Returne unto him the sd Cheu, wch sd deed was aknowledged by the sd Chew att a Court held in the Towne of New Castle the 8th of Novembr last past and Recorded by order of the same, and the Tobacco or any prcell thereof not being paid and the s₫ de haes Craveing Judgemt uppon the sd deed and that hee- might be put in full & quiet Possession of the Land & p"misses. The Court ordered Judgemt to bee Entered uppon the sd deed accordingly.
JOHN ADAMS MAYOR FENWIKE
Plt Deft 1 Suspended till next Court
73
RECORDS OF THE COURT OF NEW CASTLE.
JOHN ANDERSON
Pit
this action is with-
THOMAS SNELLING
Deft
drawn by the partees.
JUSTA ANDERSON Plt
ROBBERD MORTON
Deft
Partees agreed
THOMAS LEE by WALTER - Plt
Suspended by the 4
WHARTON his attorney
- Court the plt being
JOHN ROUD
Deft
hindered by sick- nesse to appear
WALTER WHARTON Plt
JAN ARENTSE BACKER
Deft
Suspended as above
WALTER WHARTON Plt
WILL : GRANT
Deft
Suspended as above
The Court adjourned till the 4th of Aprill.
Aprill 4th 1677. Capt : Colier absent.
DOM : LACE CAROLUS PIt HANS PIETERSEN Deft
The Plt declares that ye deft Contrary to the knowledge or wthout the order of the Plt did take upp a mare of yor Plt wch run in the woods wth intention as yor Plaintife doth Really thinke to defraud yor Plaintife of the sd mare, Challenging yor Pits mare for his owne although itt can bee proved by severall witnesses the mare properly belongeth to yor Plaintife and that yor plaintife Caused the mare to bee marked wth his owne marke there never being any other marke on the sd mares eares but what was put on by yor Pits order and that the sd mare hath been knowne to bee yor Plts ever since itt was a filly, notwithstanding wch the deft still Challenges the sd mare as his owne and would if itt lay in his Pouwer defraud yor Plt of the sd mare. Exposing by his unlawfull demands yor Plt to Great Cost & Trouble, wherefore yor Plt humbly craves of
74
RECORDS OF THE COURT OF NEW CASTLE.
this worpp11 Court that hee may have an order peaceably to Enjoy the sd mare, being properly his owne, as alsoe yt the deft may Render him sattisfaction for the Trouble hee hath been exposed unto through his occasion wth Costs of suit.
The deft being an Illiterat prson did humbly desier that Capt Cantwell might speake for him there being no other attorney but what the plt Imployes wch yr Court grant. Whereuppon fifteen wittnesses being sworne & examined In Court, and uppon the plts Request a Jury empannelled : The Court did find uppon due Examination of all the sª Wittnesses before the Jury was sworne; thiat the plt had no Cause of action unlesse the plt brings better proofe to proofe his declara- tion.
WILLIAM HAMELTON & ) Plt - An attachment of the WILLIAM SEMPLE J Plt
JAMES BESWIKE Deft
Defts effects.
23rd Octob. 1677 execut:
Issued out agat ye
Whereas the Plts made it appeare to the Court that the deft James Beswicke stood
def's goods or boddy. Justly Indebted unto them by his bill beareing date 8th of Novem" Last past the sume of seven hun- dered fourthy and seven gilders three styvers; for wch they have Laid an attachmt the first of March Last past uppon the sª defts eftects, wch sd attachmt the plts desier that according to the Returne of the undersherrife may stand good ; and desierd yt they may have their sd sume wth the Costs.
The Court ordered Judgemt to bee entered according to bill against the deft and his eftects attached as above.
JOHN ADAMS for his Mastr
Plt WILLIAM DERWALL
The Estate of DIRK ABERTS decd Deft
The Plt declares as pr declaration for Elleven hundred fifty gilders 10 styvers due by ballance of acct with Costs. Capt Cantwell and Johannes de haes appearing in Court desier in the behalfe of the orphants, that the Case may be Suspended
75
RECORDS OF THE COURT OF NEW CASTLE.
untill the Letter of Administration bee come and the acct be- tweene the Estate of Marten Rooseman & Dirk Albertsen whoe have dealt in Company & Copartnership wth the Plt be made upp and Lookt after.
The Court do suspend this action untill the bookes of the deceased bee viewed and examined and a Letter of administra- tion bee come from New Yorke. In the meantyme, and untill wich the acct is allowed of, and the Plt to be prferred, upon the sª Estate.
WILLIAM TOM Plt ) The Plt suffered a non suit will- JOHN BISCUS Deft 5 ingly.
HENDRIK LEMMENS Pit
An attachment for the sume
PETER HENDRICX Deft ] of 34 gildr in ye PIts owne hands.
The deft default.
SYMON GIBSON Plt An action of debt by acct the GEO : TANCKERSLY Deft - sume of 125 gildr.
The deft makeing some objections against the Plt not tymely Entring of his declaration : The Court ordered that this and the other action of the Plt against the deft shall bee Continued until next Court, the deft giving security for his appearance and answering the action.
SYMON GIBSON Pit In an action of defamation. GEO : TANCKERSLY Deft (
The action is suspended as above the deft giving security for his appearance & answering the action.
HARMEN RYNDERSEN Plt In an action of debt sixty and GEO : TANCKERSLY Deft } one Gilders for houserent.
Apr1 5th Execut : Issued The Court order Judgemt to bee entered
out. against the deft uppon his owne Confession
for Sixty one Gilders, according to declaration wth Costs.
76
RECORDS OF THE COURT OF NEW CASTLE.
THOMAS MORE by JOSEPH -
Plt - The Plt suffered a non CHEU his attorney
JOHN COOPER
Deft
suit willingly.
RICHARD GUY Plt
SAM : HEDGE Deft
-
by the Request of both partees this action is suspended untill next Cort.
JOHN TARKINTON Plt An attachmt of a horse
JOHN BROADES Deft in the PIts owne hands. The Plt declares as pr declaration for 378 lb of Tobbacco as pr Acct delivered in Court. The Court do grant the benefitt of one default against the deft.
EDMOND CANTWELL Plt JOHN BARKER Deft 11th of Ap1 1677 .: The Plt declares that this deft stands
Execut : Issued out Indebted unto him by bill the sume of fourtheene hundered and fifty Ib of Tobbº for wch hee craves Judgemt wth Costs.
The deft Remaining default, The Court ordered Judgemt to bee entered against the deft according to bill.
HENRY JOHNSON Plt Suspended by Consent. MR WILLIAM TOM Deft
AMBROS BACKER Plt Partees agreed.
HARMEN JOHNSON Deft
GERRIT SMIT Plt The Plt default, a non suit OELE RAESE Deft ordered.
SAMUELL NICOLSEN Plt
This action is Continued.
JACOB YOUNG Deft
77
RECORDS OF THE COURT OF NEW CASTLE.
JOHN ADAMS for his Mast" WILLIAM DERVALL Pit Withdrawn by Plt JACOB JANSE Deft
MOSES DE GAN Plt Deft
Partees agreed.
JAN BOEYER
GEO : TANCKERSLY plt Withdrawn by the Pit
SYMON GIBSON
Deft
GEO : TANCKERSLY plt Withdrawn by the Plt
SYMON GIBSON
Deft
SYMON GIBSON
GEO : TANCKERSLY
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