Journals of the House of Representatives of Massachusetts, Part 24

Author: Massachusetts. General Court. House of Representatives; Massachusetts Historical Society
Publication date: 1717
Publisher: Boston : Massachusetts Historical Society
Number of Pages: 314


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VOTES


of the House of Representatives.


Jobis 31. Die Octobris 1717. A. O.


T He Report of Samuel Thaxter, John Chandler, and Jonathan Remington Esqrs; upon the Petition of John Brigham and Thirty others; Read again, and the following Vote Pass'd and Entred on the Plat of the Land Exhibited and prayed for by the Petitioners. Viz.


Ordered, That the Tract of Land Protracted and Described in this Plat, to- gether with the Farms heretofore granted to particular persons contained in the said Plat be made a Township, excepting so much thereof, as the Report of Sam- uel Thaxter, John Chandler and Jonathan Remington Esqrs; Dated, June 19th 1717. hereto annexed doth propose to have taken off and added to the Westerly part of Marlborough. And that Jonathan Remington, Samuel Thaxter, and Francis Fullam Esqrs; be a Committee fully Impowred to Grant and Lay out, the whole of the said Lands (except such as has been heretofore Granted) unto such Persons as they in their Wisdom shall think most likely to advance the Settlement of the Place, They paying the said Committee for the use of this Province, not exceed- ing Twelve Pence per Acre for the said Land, and the Charges of the Committee for laying out the same, which is to be done, in as convenient, and defensible a manner as the Circumstances of the Place will admit of: Provided, They have there at least Forty Families settled, with an Orthodox Minister, within the space of Three Years, and that a Lot with other Accommodations, as large and conven- ient as the Place will admit of, in the Judgment of the said Committee, be laid out to the first Settled Minister. Also a Lot for the Ministry, and another for the use of a School. Sent up for Concurrence.


A Message from the Board by Elisha Cooke Esq; That the Two Hearings ad- journ'd yesterday, to this afternoon be further adjourn'd 'till to morrow in the forenoon.


Voted, That the said Hearings be so adjourned.


A Petition of Eliazer Rogers of Plymouth, presented to the House and Read, Shewing, that in the Year 1697. he received two grievous Wounds, one in his Head, the other through his Thigh, whereby he is much disabled from following his Employment, Praying relief from the Court, which he thankfully acknowl- edges they have heretofore granted him.


Resolved, That the Sum of Twenty Pounds be allowed and paid out of the Pub- lick Treasury to Eleazer Rogers the Petitioner for his relief.


Sent up for Concurrence.


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half an hour past 3. Post Meridiem.


The Petition of Isaac Amsden and 66 others, Inhabitants of the Westerly part of Marlborough, praying as entred the 9th of November last, further considered, and


Ordered, That the Petitioners, prepare a Plat (Taken by an able Surveyor) of the Land which they desire, and the Town of Marlborough agree should be set off, and made a seperate Township, including therein the Land which the Report of Samuel Thaxter Esq; &c. Dated June 19th 1717. proposes should be laid to them, and present it to this Court for allowance.


Sent up for Concurrence.


A Petition of Samuel Clark of Ipswich, who was Wounded in the Service at Pemmaquid Fort 21 years since, whereby he is now rendred unable to Labour to support himself. Presented to the House and Read, Praying that Ten Pounds may be added to the Forty Shillings Pension, he now enjoys.


Resolved, That the Sum of Ten Pounds be Allowed and Paid out of the Publick Treasury to Samuel Clark the Petitioner, for this Year, over and above his stated Annual Pension. Sent up for Concurrence.


A Petition of Joseph Stebens, Sen. Joseph Parsons and 72 others, presented to the House and Read, praying that a Tract of Land of Eight Miles square, may be Granted to them, at a Houssatunnuch River, and be Erected into a Town-ship.


A Bill Intituled, An Act in Addition to An Act, Intituled, An Act, for the due Assize of Bread. Read a first time.


A Bill Intituled, An Act for securing Passengers on the Road over Boston Neck. Read a first time.


And then the House Adjourn'd till to Morrow Morning Nine a Clock. [ 30 ]


Deneris 1. Die Robembris 1717. A. M.


A Bill Intituled, An Act in further Addition to the Act, Intituled, An Act for Encouraging the Killing of Wolves. Read a first time.


Mr. Speaker laid before the House a Publick Letter he had lately received from Mr. Agent Dummer, Dated Aug 29. 1717. with sundry other Papers referr'd to therein, under the same Cover, which were read, and sent up to the Board by Major Chandler.


A Petition of Abraham Prebble, Lewis Bane, and Samuel Cane, Three of the Five Commissioners appointed to receive and let out the Proportion of the Hun- dred Thousand Pounds of Bills of Publick Credit, lately ordered by this Court to be Lent out, belonging to the County of York, Presented to the House and Read, Praying that they may be enabled to receive the same notwithstanding Two of the said Commissioners are absent.


A Message from the Board by Adam Winthrop Esq; That the House do now


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come up to the Council Chamber to attend the Hearings appointed to be this Day.


Mr. Speaker and the House went up accordingly.


And the East and West Parts of the Town of Salisbury being fully heard by their Council learned in the Law, upon their Difference relating to an Agreement of the said Town to have Two Meeting-Houses therein, &c. Mr. Speaker with the House returned to their own Chamber.


3 Dost Meridiem.


A Petition of John Gore of Roxbury, Presented to the House and Read, Praying that he may have leave, by a Surveyor and Chain-men under Oath to take up and lay out in some vacant place, One Hundred and Eighty Eight Acres of Land, which was Granted, Anno 1688. to Rhoda Gore his Grandmother, which has not yet been laid out.


A Petition of Samuel Humphry, Josiah Torrey, & Zecheriah Bicknel, Agents for the Society, in the West Part of the Town of Swanzey, Presented to the House and Read, Praying that a Township may be set off and Constituted in the West Part of the said Town, to contain the Lands of Pheebe's Neck, New Meadow Neck, and Brooks his Pasture.


Upon a Motion being made.


Ordered, That the Petitioners be admitted into the House, to speak to their Petition.


They came in accordingly, and were heard and withdrew.


Ordered, That the Petitioners serve the Town of Swanzey with a Copy of this Petition, That they may be heard before this Court if they have any Thing to alledge why the Prayer thereof should not be Granted on Fryday next.


Sent up for Concurrence.


A Message from the Board by Adam Winthrop Esq; That the House now come up to the Council Chamber, to attend the Hearing appointed on the Petition of Thomas Knowlton and Jeremiah Buckman of Ipswich, to be dismist from the Pre- cinct in the said Town called Chebacco, to that called the Hamlet Precinct.


Mr. Speaker and the House went up accordingly, and when the Parties were fully heard, Returned again to their own Chamber.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


Babbati 2. Die Robembris, 1717. A. S.


A Petition of Thomas Drake and Seventeen others Inhabitants of the Easterly End of Taunton North Purchase, Praying that the said Tract of Land may be Constituted a Township, Sent down from the Board, having been Read there the 30th Day of October last. Read.


234 Journal of the House of Representatives


A Petition of John Pierson and thirteen others belonging to the Precinct in the North West part of Lynn, Presented to the House & Read, Praying that this Court will appoint three or more suitable Persons, from time to time to methodize and call Precinct meetings there, and do such other things as are requisite to be done in order to their having a Minister Settled with them (the major part of the said Precinct refusing to take methods for such Settlement) or that this Court would give such other Directions, as they shall think proper, that a Minister may be Settled among them.


Ordered, That Mr. Remington, Capt. Fullam, Mr. Turner, Mr. Parsons and Mr. Eaton, be a Committee to whom the said Petition is referred.


The Petition of Abraham Prebble, Lewis Bane and Samuel Cane, Praying as Entered yesterday further Considered.


And the Question being put whether the Prayer of the Petition be Granted? It Pass'd in the Negative.


The Petition of Thomas Knowlton and Jeremiah Buckman, upon which a hearing was had Yesterday. Sent down from the Board, Pass'd upon there, viz. In Coun- cil Novemb. 2. 1717. Upon a full hearing had Yesterday, upon the Petition.


Voted, That the Prayer of the Petition be not Granted.


Sent down for Concurrence. Read and Concurr'd.


And then the House Adjourn'd till Monday next three a Clock in the Afternoon.


BOSTON: Printed and Sold by 25. Green. 1717.


[31]


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Province of the Massachusetts-Bap.


VOTES


of the House of Representatives.


Luna 4. Die Robembris, 1717. P. M.


A


Bill, Intituled, An Act in further Addition to the Act, Intituled, An Act for Encouraging the Killing of Wolves, Read a 2d time.


A Bill, Intituled, An Act for securing Passengers on the Road over Boston-Neck. Read a 2d time.


A Petition of Thomas Turner in behalf of Jonathan Briant and Mary his Wife, she being Administratix to the Estate of her late Husband, Thomas Little, de- ceas'd, Presented to the House and Read, Praying, That Five Pounds, Ten Shil- lings may be allowed, for the said Little his Curing of Tom George, a Cape-Cod Indian, Taken lame in the Service Anno 1710. as per Account, Read.


Resolved, That the Sum of Five Pounds Ten Shillings, be Allowed and Paid out of the Publick Treasury, to Mr. Thomas Turner the Petitioner, to Discharge the said Accompt. Sent up for Concurrence.


A Bill Intituled, An Act in Addition to an An [Act] Intituled, An Act for the due Assize of Bread. Read a 2d. time.


A Message from the Broad by Samuel Sewall, John Clark, Addington Davenport & Thomas Fitch Esqrs; That Advice is come to His Excellency the Governour, that the Government of the Province of New-Hampshire had a few Days since committed to Prison, one John Kenniston of Stratham in that Province, upon Suspicion, That he together with one John Fox, (who is Absconded) have Mur- dered an Indian there, and that the said Kenniston, had found means to make his Escape out of Prison; Moving the House to consider of and grant a Reward to any Person or Persons that shall Apprehend the said Kenniston & Fox, or either of them.


Ordered, That a Message be sent up to the Board by Col. Hutchinson, Maj. Savage, Mr. Remington, Capt. Chambers, and Mr. Turner, that this House is of Advice, That a Premium be Allowed and Paid out of the Publick Treasury of One Hundred Pounds, for each, or either of the said John Kenniston, or John Fox, to such Person or Persons as shall (after Proclamation Issued) Apprehend them, or either of them in this Province, and Render them to any of His Majesty's Justices.


:


Col. Hutchinson from the Committee appointed to Project, and Propose a Method for more equal Raising of Publick Taxes; Presented a Bill for that end, Intituled, An Act for the better Inquiry into the Rateable Estate of this Province: Which was Read.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


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236


Journal of the House of Representatives


Martis 5. Die Robembris 1717. A. S.


T He Petition of the Inhabitants of the Old Town in Salisbury, upon which there was a Hearing the Ist Currant. Sent down from the Board the 2d Currant, Pass'd on there, viz. In Council, Novemb. 1. 1717. Upon a full Hearing had this Day by Appointment upon the within Petition. Resolved and Ordered, That the Vote of the Town of Salisbury bearing Date the 28th of July 1714. re- lating to the repairing the Old Meeting House in the said Town, and the Building a New One, in the lower part thereof, be and is hereby Allowed of, and Con- firmed.


And that the Salary of Eighty Pounds per Annum Allowed to the Reverend Mr. Caleb Cushing be no ways lessened or diminished.


Sent down for Concurrence.


Read and Concurr'd, the last Paragraph excepted, Inasmuch as Mr. Cushings Salary is already Setled by Agreement and Votes of the Town, and we would not Suppose the Town so unjust as to endeavour to Diminish it.


A Petition of Joseph Briant, Sen. Thomas Briant, Joseph Briant Jun. Benj. Perry, Ruth Perry and Judith Briant, of Situate, Praying, That an Entail, which their late Father John Briant of the said Town, Deceased, by his last Will & Testament, made of some of his Lands, may be cut off, for Reasons set forth in the Petition. Sent down from the Board, Pass'd on there, viz. In Council, Novemb. 2th 1717. Read and Ordered, That the prayer of this [ 32 ] Petition be Granted; and that the Petitioners have leave to bring in a Bill accordingly.


Sent down for Concurrence. Read and Concurr'd.


The Petition of Nicholas Coal, Daniel Littlefield, and Joseph. Littlefield, Select- men of the Town of Wells, Praying as entred the 30th day of the last Month, Read again, and


Ordered, That Abraham Prebble Esq; Lewis Bane Esq; and Mr. Peter Nowell, be a Committee to take care, that the divisional Line between the Town of Wells, and the Towns of Kittery, and Berwick, be run and Setled, pursuant to the Vote of this Court relating thereto, by a Surveyor and Chain-men under Oath; Notify- ing the said Towns when they proceed in the Affair: And make report to this Court. Sent up for Concurrence.


A Petition of Joseph Stebbins, Representative of the Town of Springfield, Pre- sented to the House and Read, Praying, That the Vote of this Court pass'd the last Session, for running a New Line between the Towns of Springfield, and En- field, may be Reconsidered, and that the Ancient Line of the said Town of Spring- field may be Confirmed.


Mr. Remington, from the Committee appointed, Made Report on the Petition of John Pierson, &c. the prayer whereof is entred the 2d Currant, which was ac- cepted by the House, and accordingly,


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Journal of the House of Representatives


Ordered, That upon Application made to a Justice of Peace, in said County, by five or more of the Inhabitants, of said Part of Lynn for a Precinct Meeting; Such Justice is hereby Impowred to Grant a Warrant for such Meeting, expressing the Time, Place and Occasion thereof, Directed to one of the Constables of said Town of Lynn, requiring him to Notify such Inhabitants, of said Meeting according to the Direction of said Warrant 14 Days before the day appointed for such Meet- ing. And that at such Meeting the Inhabitants of said Precinct, be Impowred to appoint any other way, or method of Calling Meetings for the future.


Sent up for Concurrence.


The Petition of Lewis Bane, and William Sawyer, referr'd to this Session, the 2Ist. Day of June last. Read again, and


A Petition of Abraham Prebble, Richard Milberry, and Samuel Cane, Select-men of the Town of York, Presented to the House and Read, Praying this Court to Order that the Office for Registring of Deeds, and Conveyances of Land may not be kept at Kittery, as now it is, but be removed, and kept at York the Shire Town, as the Law directs.


Ordered, That the Town of Kittery be served with a Copy of the said Petitions, and be heard thereon before this Court, on the 2d Wednesday of their Session in May next, if they have any thing to object why the prayers thereof should not be Granted. Sent up for Concurrence.


The Bill Intituled, An Act for the better Regulation of Fowling; Brought down from the Board, Concurr'd with some Amendments. The said Amendments Read, and Concurr'd.


3 Dost Meridiem.


A Bill Intituled, An Act for the better Inquiry into the Rateable Estate of this Province. Read a 2d. time.


A Bill Intituled, An Act in further Addition to the Act for Encouraging the Killing of Wolves, Read a 3d time, and pass'd to be Engross'd. Sent up for Concurrence.


A Petition of John Ellis of Brookline, Presented to the House & Read, Shewing that in January 1715, he made a Conveyance of a Messuage with thirty Acres of Land in the said Town to his Son in Law Simon Rogers, to secure it from some un- just Claims, that he was informed it would otherwise be Subjected to, upon the Promise & Assurance of the said Rogers that he would Reconvey it to him, which he now refuses to do, but Sues him for Rent for the same, Praying this Court to Cite the said Rogers to appear before them, to shew cause if he can, why the said Estate should not be Reconveyed to the Petitioner.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


238 Journal of the House of Representatives


Mercurii 6. Die Robembris, 1717. A. 99.


A Bill Intituled, An Act for the better Inquiry into the Rateable Estate of this Province, Read. a 3d time


And a form of a List, of Estate both Real and Personal, prepared pursuant thereto. Read.


Ordered, That the said Bill do pass to be Engross'd. Sent up for Concurrence.


A Message from the Board by the Honourable John Higginson Esq; that the hearing of the Towns of Plymouth, Duxbury, Plimpton and Pembroke, appointed the 23d Currant to be this Day, on the Report of the Committee upon the Peti- tion of John Bradford, &c. be deferred till tomorrow in the Afternoon, the Parties not being yet ready.


The following Vote sent down from the Board viz. In Council Novemb. 6 1717. Ordered, that the Honourable Elisha Hutchinson, Thomas Fitch and Adam Win- throp, Esqrs; with such as the Honourable House of Representatives shall ap- point, be a Committee forthwith to prepare and lay before this Court, an Answer to Mr. Agent Dummers last Letter, and such further Instructions to him as shall be judged necessary. Sent down for Concurrence.


Read and Concurrd.


And Jonathan Remington, Edward Hutchinson, & Samuel Thaxter, Esqrs; and Mr. Thomas Turner are joined in the Affair.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


BOSTON : Printed & Sold by 13. Green. 1717. [33]


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Province of the Massachusetts-Bap. VOTES


of the House of Representatives.


Tobis 7. Die Robembris, 1717. A. S.


O


Rdered, That Capt. Plaisted's Excuse be accepted for his Absence this Ses- sion till this time.


A Petition of James Grant, &c. Select-men of the Town of Berwick, presented to the House and Read, Praying that the Bounds between the said Town, and the Town of Wells, may be Setled pursuant to the Order of this Court relating thereto, passed in the Year 17II.


half an hour past 3. Dost Meridiem.


A Message from the Honourable Board by Thomas Hutchinson Esq; That the House do now come up to the Council Chamber, to Attend the Hearing ap- pointed to be this day of the Towns of Plymouth, Plimpton, Duxbury and Pem- broke, upon the Report of the Committee, to whom the Petition of John Bradford, Jacob Cook, &c. was referr'd.


Mr. Speaker and the House went up accordingly, and after the Parties were fully heard, Return'd again to their own Chamber.


And then the House Adjourn'd till to Morrow Morning Nine a Clock.


Deneris 8. Die Robembris, 1717. A. OP.


A Letter from the Reverend Mr. Joseph Baxter, a Missionary sent by this Court to Evangelize the Indians Inhabiting the Eastern Parts of this Prov- ince. And a Letter from the said Indians sent down from the Board. And Read. Samuel Porter, Samuel Thaxter, and John Chandler Esqrs; Commissioners ap- pointed by this Court at their last Session, to joyn with Commissioners of the Colony of Connecticut, in further running the Line between this and that Govern- ment, &c. Made Report, That they had proceeded in that Affair, and continued the Line five Miles beyond Houssatunnuck River, &c. Which Report was accepted by the House, and sent up for Concurrence.


The said Commissioners presented also an Accompt of their charges in the said Service, the Ballance remaining due & to be paid to them, being l. 32. 14 5. 2 d. which was Voted to be paid, and sent up for Concurrence.


A Petition of William Reed of Lexington, presented to the House and Read, Shewing that he Apprehends himself greatly Injured by a Sentence of the Court


240


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of Sessions of the Peace in the County of Middlesex, in a Cause between the Se- lect-men of the said Town, and Thomas Kendel of the one part, and himself of the other part, from which he Appealed to the Superiour Court of Judicature; but by Mistake filed his reasons of Appeal in the Clerk's Office of the Court of Sessions, whereas he should have done it in the Clerk's Office of the Superiour Court of Judicature; whereby he is precluded the benefit of his Appeal, Praying this Court to Enable him, to bring forward said Cause by Appeal before the said Superiour Court of Judicature, at their next Sessions in said County.


Ordered, That the prayer of the Petition be Granted, and that a Bill be pre- pared accordingly. Sent up for Concurrence.


3. Post Meridiem.


A Message from the Honourable Board by Penn Townsend Esq; That the Hearing appointed the 3Ist Day of the last Month, upon the Petition of Samuel Humphry, Josiah Torry, &c. Agents for the Society in the West part of the Town of Swanzey, to be attended this day be Adjourn'd to Friday next in the forenoon; Which was agreed to by the House.


A Plat of Six Hundred Acres of Land laid out by John Chandler Jun. Surveyor, and Chain-men under Oath, pursuant to a Vote of this Court, passed June 19th. last; Presented to the House for Confirmation.


Ordered, That the Land Described and Delineated in the said Plat, be Con- firmed to Elizabeth Hobart of Haddam, in Satisfaction of a Grant to Mr. Samuel Whiting Sen. of Lyn, Anno 1679. Provided, It Intrench upon no former Grant, and contain no more than the quantity Granted. Sent up for Concurrence. [ 34 ]


The Petition of John Bradford, Jacob Cook, &c. and the Report of the Com- mittee thereon, upon which there was a Hearing Yesterday; Sent down from the Honourable Board, pass'd upon there, viz. In Council, Novemb. 8th. 1717. Upon a full Hearing had Yesterday before the whole Court, upon the within Petition.


Ordered, That the Petitoners be set off a Precinct according to the Bounds mentioned in the Committees Report, and upon their providing and Maintaining an Orthodox Minister, and a Publick Reading and Writing School within their Precinct, that they be freed from any charge to the Ministry and School, in their respective Towns. Sent down for Concurrence.


Read and Concurr'd. And then the House Adjourn'd till to Morrow Morning Nine a Clock.


Sabbati 9. Die Novembris, 1717, A. SĄ.


O Rdered, That Major Chandler be added to the Committee for Petitions. A Memorial of Samuel Partridge, Esq; &c. the Committee for managing the affairs of the Town of Northfield, Presented to the House and Read, Praying a


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further Continuance of ten Souldiers in the Publick pay, for the Encouragement and Defence of the Settlement there.


Ordered that the Prayer of the Petition be so far Granted, viz. that ten Men be allowed for the Defence and Encouragement of Northfield for one Year, Provided they be not of the present Inhabitants. Sent up for Concurrence.


A Petition of Isaac Little in behalf of himself and Company, Presented to the House and Read, Praying the Court to Grant them Assistance and Encourage- ment (as specified in the Petition) towards the making and Refining of Iron, set- ting up Slitting Mills, &c.


Ordered, that Capt. Wadsworth and Col. Thaxter, with such as the Honourable Board shall appoint be a Committee to Consider of, and lay before this Court what may be proper to be done upon the said Petition. Sent up for Concurrence.


A Petition of Nathaniel Thomas Presented to the House and Read, Shewing that he has been injuried by a Way laid out through his Land by the Select-Men of the Town of Duxbury, Praying Relief. Sent up.


The Vote pass'd in this House, the 26th Day of last Month, upon a Plat of the Town of Deerfield, Sent down from the Board, Non-Concurr'd.


Ordered, That Capt. Wadsworth, Col. Thaxter, Mr. Porter, Capt. Parsons, and Maj. Chandler be a Committee to confer with such as the Honourable Board shall appoint, concerning the said Plat. Sent up for Concurrence.


Upon a Motion being made, The Petition of Nicholas Coal, &c. Select-Men of the Town of Wells, pass'd upon in this House the 5th Currant, was sent for down from the Board.


Ordered, That the Vote on the said Petition be Re-considered.


Upon the Motion of Mr. Samuel Plaisted Representative of Berwick.


Ordered, That Col. Somersby, Jonathan Wade, and Henry Clark, be a Commit- tee, to take care that the Divisional Line between the Town of Wells, and the Towns of Kittery and Berwick be run and settled, pursuant to the Vote of this Court relating thereto, by a Surveyor and Chain-Men under Oath, notifying said Towns, when they proceed in this Affair, and make report to this Court, said Committee to be in the room of Abraham Prebble Esq; Capt. Lewis Bane, and Mr. Peter Nowel who were appointed for this purpose, by this House, on the 5th of Novemb. Currant, and that the Town of Berwick pay the Charge of the said Committee.


Upon a Motion being made.


Ordered, That Capt. Fullam, Col. Thaxter, Capt. Wadsworth, and Capt. Par- sons, be a Committee to prepare the Draught of a Bill, for upholding and Regulat- ing of Mills.




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