USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 2 > Part 21
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Inventory of estate of Edward Browne of Ipswich, taken Feb. 20, 1659, by Moses Pengryt and Robert Lord :+ Dwelling house and aptananses, 50li. ; six acres of Land most of it in tilt, 18li .; nyne acres of salt marsh, 16li .; 2 psells of meddow at the west meddows, 14li. ; 8 acres of Land, about 6 of it in tilt, 20li .; one fether bed, 2 boulsters, 2 downe pillows, blankett & Rug, 6li .; one bedsted cord, curtaynes, valiants & strabed 1li. 10s .; eight chaires, 14s. ; little boxes, 4s. ; a paire of fine sheets, old, 1li. ; foure paire of sheets & one od one, 3li. ; one paire of pillow beers, 10s .; foure paire of pillow beeres, 2 of ym small, 8s .; 2 table cloths, eleven napkins, 13s. ; one course table cloth & 14 course napkins and Towells with some other small lennen, 14s. ; His weareing appar- ell, 7li. 10s. ; a muskett, bandeleour, sword & belt & pike, 1li. 10s .; three little tables, 3 chaires & 4 cushens, 15s .; 2 chests and a trunke, 13s. 4d. ; 10li. cotten woole, 4li .; sheep woole, 16s. ; in cot- ten yarne, 7li. 14s. ; In lennen yarne, 1li .; earthen ware, 7s. 6d .;
+Autograph.
199
RECORDS AND FILES
1660]
COURT HELD AT IPSWICH, MAY 10, 1660, BY ADJOURNMENT.
John Leigh, having been bound to this court by Major Genll. Denison, upon complaint of John Fuller that said Leigh was suspected of wounding an ox and killing a pig belonging to said Fuller, was found not guilty by a jury especially empannelled, but " great suspicion." Court ordered that he be bound for appearance at the next court for further examination .*
one warmeing pan, 10s. ; one kettell, 3 skilletts, one brase morter, skimer and a little brase ladell and lampe, 1li. 10s .; 2 Iron potts, one iron kettell and morter, 1li .; a frying pan, tramell, potthookes and grediron, 11s. ; spitt, firepan, tongs, fireforke, hookes, 8s .; In pewter, latin ware & 2 box Irons, 1li. 10s .; ould pewter, 2s .; a small fether bed, boulster, pillow & other beding, 3li. 10s. ; a flock bed, boulster & other beding, 2li. 10s .; ginger & hops, 10s .; 15 bushells & half of wheat, 3li. 18s. 6d. ; mault, 6s .; Indian corne, 2li. 8s .; 3 wheeles, finished lennen, 13s. 6d. ; wheeles woolen & lin- nen not finisht, 1li. 16s. ; work done toward chaires, 3s. & 15 -ills 6s. 9d .; shope tooles, 3li. 6s .; old caske, 13s .; nayles & other small things, 10s. ; two cow bells & eares for - , 3s. ; one barrell, firkin & powdering tubs, 12s. ; a paire of scales, 3s. ; beere vessells, keelers & other lumber, 14s .; 6 trayes, dishes, trenchers & payles, 13s. ; a woolen & linnen wheele & cards, 13s .; kneading trough & fine sives, 8s. ; a cartrop & bedline & hand baskett, 12s .; beefe, pourke & suett & tallow, 2li .; halfe a firkin of sope, 10s .; In bookes, 1li .; old baggs, 3s .; one bullock, 6li. 10s .; 2 Cowes, 8li. ; 3 cattell about 3 yr. old, 8li., 16li. ; 1 bull, 2 yr. old & 1 yr. old, 3li. 10s. ; six ewes & a ram, 3li. 15s .; five swine, 2li. 10s .; cart plow & sled, yokes & caynes, 3li. ; in hay and peace, 7li. ; sythes, 12 axes & hows, beetell & weedges, forks, 1li. 10s .; owing to the estate, 1li. 13s. ; total, 225li. 5s. 7d. Debts owing from the estate, 24li. 8s. 1d. Clear estate, 200li. 17s. 6d.
*John Fuller, aged about thirty-nine years, deposed that Thomas Lee and himself, coming along the north side of Hart breake hill found a dead hog in the bushes in Mr. Clarck's lot, with his foot in the yoke and his head broken to a jelly ; that a short time after, John Lee came to deponent's house complaining that he had damage done by Clarck's hogs. Deponent told him about the dead hog, and Lee replied that he killed him and would have some more of them before long. This happened when Mr. Clarcke lived in Ipswich at the now dwelling house of Simon Tomsson. Deponent also testified that he had worked for John Lee and received his pay in having his cattle pounded, although they never did Lee any harm. One Friday he heard that Lee said he would have deponent's cattle in pound Monday, whereupon at break of that day, his dog barking more than ordinary, he rose from his bed and went to the
200
IPSWICH QUARTERLY COURT
[May
John Bleven paid fine for absence from public ordinances and was discharged.
door, and saw John Lee go over his rails into the pasture and drive his cattle away.
Goodman Pod deposed that he had seen John Lee's dog pull down a beast in the highway near Goodman Fuller's lot, and that deponent's cow came back from Lee's pasture with her ear pulled off ; also he saw Lee hunting a cow of Goodman Browne's at another time. Sworn in court, before Robert Lord,* clerk.
Thomas Low, sr., aged about fifty-five years, and Sarah Low, aged about twenty-three years, testified that last spring was a twelfth-month, since John Lee came to their house with a parcel of hogs and asked if they were theirs and they replied that they were not. Sarah Low testified that Mr. Samuell Rogers said the next morning that he missed a hog. Deponent further testified that he saw John Lee throw a stick at his sheep, when they were going from the pasture to the highway, and broke the leg of one of his lambs, and that deponent had lost fourteen head of cattle, sheep and swine by such means. Sworn in Ipswich court.
Daniel Hovey, sr., aged forty-two years, deposed that he was at work on his ground near where the hog was found dead, and heard the cry of a hog, but could not tell the cause on account of the hill between. Sworn in court.
John Choate, aged about thirty-two years, deposed that he was setting fence for John Lea by Hartbrake Hill side when some of John Fuller's cattle came along. Lea set his dog on them and deponent told him to call him off, but he refused. One of Lea's boys went to get the dog, who had pulled down a cow in a miry place, and Lea interfered, saying " Let him kill her if he will." Deponent called off the dog, and Lea was very angry, and the former went to John Fuller's house that night and found them dressing the cow.
John Fuller deposed concerning the injured cow going home, etc.
John Dane deposed that John Lee said that he might as well kill cattle that came on his ground as to have them eat up his grass; that he saw the bullock after it was injured and it had been cut with an edge tool, etc. Sworn in court.
Samuell Hunt deposed that upon some discourse that John Lee had when he took up deponent's colts as trespassing, instancing the mares of Goodman Kembal and Goodman Parker, "I tould him I could not help it tho mi colts did troble him; becaus the winter season was extrem & he added if I could not help It I must tacke wht coms; you know sath he thefes coms by mani back blows so in speacking of the steling of goodman parkers mare his wife
*Autograph.
201
RECORDS AND FILES
1660]
Judah Trumble and Ruth Trumble chose John Tod as guardian. Tod was bound in thirty pounds.
John Newman admonished on his presentment about " the howe" and ordered to pay charges to Thomas Willson. Also fined for two lies concerning the heifer he brought from Rowley.
Benjamin Scott and Nathaniell Tredwell were discharged of their presentments.
replied that it was ill don John Lee made answer did she thinke it was ill don : of my consons saith he I thincke it was not shal a man have other mens cattell eate up his feede and he hath no way to help himself." Sworn in court.
Samuell Eyres deposed that he saw blood on the ground where the ox was injured, etc. Sworn in court.
Richard Nickalls, Abraham Fits and Thomas Burnham deposed concerning John Lee's abuse of other men's cattle, etc. Sworn in court.
Samuell Rogers testified that John Lee came to his house and asked him if deponent's hogs did not get into his ground. Rogers answered that they might, and that they were black spotted hogs, etc. Sworn in court.
John Browne deposed that he and Goodman Pod saw John Lee pull down cattle belonging to deponent, etc. Sworn in court.
Joseph Reddins testified that when his lot and John Lea's lay in common, the latter abused men's cattle and when reproached by deponent, replied that he would throw them into the river, etc. Later, Lee told deponent that he would not take his dog off John Fuller's cattle unless he mended the fence, etc. Sworn in court.
Daniell Hovey, jr., aged eighteen years, testified that he saw hogs in Lee's ground, etc. Sworn in court.
Simon Tomson, aged about fifty years, deposed that he saw John Lee kill a pig of his ; also last year Lee was taking a beast of deponent's to the pound, and when they passed his yard, the beast ran in, and deponent tried to have him remain, but Lee came at deponent with a hoe and vowed he would knock him on the head, etc.
Robertt Crosse deposed that, since this court began, he and his son Steeven, going from evening meeting, had seen John Lee with his billhook under his arm, etc. Stephen Crose, aged thirteen years, affirmed the same, etc. Sworn in court.
John Clarke deposed that he was looking for their horses and seeing John Lee pounding horses, asked whose they were. "these saith he ar the Roges horses that reseue the sacremts these are the Roges that weare clocks an if the can get clcks the ar as good as the best wth mester Cobit an tho the be as bad as the divel." Sworn in court.
202
SALEM QUARTERLY COURT
[June
Daniel Bradley, presented for striking John Boynton, was fined. [Thomas Willson was released from training, paying 5s. a year to the use of the company .- Waste Book.]
John Leigh fined on his presentment for reviling speeches.
Richard Shattswell discharged of his presentment.
Henry Bachelour, convicted of absence from the public ordi- nances, was ordered to pay according to law. Also fined 5s. for contempt of court, in refusing to appear after being summoned.
" Provided Suthwicke,upon pfe of her conteptuous & presumptuous cariage at Salem to the great disturbance of the peace. The court setts a fine on her of forty shillings and to abyd in prisson untill she haue payd it and the fine sett by Salem court or other course be taken to sell her for the payment yrof acording to law & fees of court."
The court gives to the house, 5s.
Court confirmed administration of the estate of John Clements, upon request of his brother Job and sisters, to his brother Robert Clements. The latter brought in an account of his charges for his- voyage to England and Ireland in taking over his brother, John Clements' wife and children .*
COURT HELD AT SALEM, JUNE 26, 1660.
Judges : The Worshipfull Mr. Symond Bradstreete, Mr. Samuell Symonds, Majr. Generall Danyell Denison and Major William Ha- thorne, Assistant.
Jury of trials : Jeffery Massy, Jacob Barney, Samll. Gardner, sr., Tho. Hale, Benjamin Felton, James Underwood, Henry Collens, Edw. Richards, Tho. Farrer, Mathew Farrington, Thomas Piny [Perry?] and John Fiske.
Deposition of Robert Lord, jr., that being present at his father's house, he heard Marke Simons and John Pickard discoursing and making writings about a piece of land. Said Pickard was troubled and said that ten pounds of the price did not come in a fair Chris- tian way, etc., and asked to have a hearing of the case. If it came in fairly, he was content to pay it, whereupon they agreed that Mr. Cobbit and Mr. Philips should hear it. Sworn in Ipswich court, 27 : 1 : 1660, before Robert Lord, ¡ clerk.
*Job Clementst assented to the deduction of the expenses of his brother, Robert Clements' trip to Ireland, from the estate of John Clement, deceased. Dated, 26: 1: 1660.
fAutograph.
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203
RECORDS AND FILES
1660]
Civil cases :-
Mr. William Browne, assignee of Mr. Cristopher Cleark, who was formerly assignee of John Jackson v. John Wiswell and Hanna Munnings, administrators of the estate of Mahalaleel Mun- nings, deceased. For not paying nor making satisfaction for the hire of the ketch Rebecka, neither at Barbadus nor at Bostone, in accordance with an agreement made by said Mahalaleele Mun- nings, etc. Verdict for plaintiff, 267li. 10s. 2d .*
*Rich. Worsleyt and Nathaniell Greent testified that Mr. John Jackson demanded of Mr. John Allen, merchant, in Barbados, on Mar. 9, 1659, pay for four and a half months' freight for his ketch, and said Allen refused to pay. Sworn, 19: 4: 1660, before Jer. Houchin,t Com.
" Wheras Mr Wissell sath ther is 12li pd ; which in Mr Carter's acc ther is 19 $360 : which in our acc is : 12" : 028 : 00; which wee alow for the hh. of wine 5 $000; more for the 1-3 of : 14 $360 : 4 $786 2-3 ; this is our Just due to alow 9 $786 2-3 is in our acc. 06:02:04."
Writ : Mr. Wm. Browne, sr., of Salem, assignee of Mr. Christo- pher Clark of Boston, formerly assignee of John Jackson v. John Wiswall, etc. ; dated, May 9, 1660 ; signed by Jonath. Negus, ; for the court ; and served by Rich. Wayte, t marshal, by attachment of two houses in Boston, one in which Hanna Munnings lived, and the other an old house, with land belonging ; also the dwelling house and ground of John Wiswall in Boston.
Printed form of bill of lading : Mahalaleel Munninges shipped in the ketch Rebecka of Newingland, Mr. John Jackson, master, then at anchor in the Puscataqua river, bound for the Island of Meder- roes, 17,250 white oak pipe staves, one third on adventure of Mr. John Carter of the Island of Mederroes and the other two-thirds on adventure of Mr. John Allen of the Island of Barbadus ; to be delivered at the said Port of Mederroes to Mr. John Carter ; dated, Puscataqna River, Nov. 14, 1659, and signed by John Jackson.t Endorsed by Jno. Cartert for 16,812 pipestaves ; dated, Funchal, Jan. 18, 1659-60.
Jo. Allen'st agreement that after the freight was delivered at Barbadus, which was in four month's time, the ketch was to be free to take return freight; dated, Mar. 13, 1659. Wit: Richard Holingwortht and Phillip Gribble.t Acknowledged in court by Mr. John Jackson, before Hilliard Veren, t clerk.
Mark King, aged twenty-eight years, deposed that the ketch Re- becah of Boston, when at Barbadus in March last, was to be em- ployed by Mr. Jon. Allen of Barbados, who had orders drawn up
+Autograph.
204
SALEM QUARTERLY COURT
[June
Mr. Henry Bartholmew v. Jacob Towne. For detaining and withholding a mare and foal, according to attachment. Verdict for plaintiff .*
for a voyage for salt, etc. Sworn, 24: 4 : 1660, before Richard Russell.t
John Rainsfford, aged twenty-five years, deposed that he was employed as carpenter on this ketch, and they fitted the vessel for a voyage for salt, with wheelbarrows, canvas, etc., but the vessel began to be leaky so that the voyage was abandoned and they re- turned home, without freight, but with much difficulty, etc. Sworn, 25 : 4 : 1660, before Anthony Stoddard,t commissioner.
*Writ : Mr. Henry Bartholomew v. Jacob Towne of Topsfeild ; dated, 28: 3: 1660; signed by Hillyard Veren,t for the court ; and served by Samuell Archard,t deputy marshal, by attachment of house and barn.
Henry Bartholomew's bill of costs, 3li. 3s. 8d.
John Wildes, aged about forty years, deposed that the mare in controversy had the same earmarks as Jacob Towne's mare, and that the mare was formerly in deponents' possession, the latter and Edmund Towne having marked her. Deponent also testified that he made over a part of the said mare to said Jacob Towne about three years before. Sworn, June 22, 1660, before Daniel Denison. t
William Nicolls deposed that he had known this mare as Henry Bartholmew's for the past two years, and she had been in summer about Ipswich river, mostly in Topsfeild, etc. Sworn in court.
John Nicolls, aged about twenty years, deposed that three years before, he had helped this mare out of a mire, and had often seen her, with her foal, in that land called the Blind Hole; that he heard the mare belonged to Henry Bartholmew, the latter having bought her of Liftnt. Lothropp ; that the foal came while she was on the other side of Ipswich river on the Governor's farm, and de- ponent had seen her the past spring at his father's house, and that she was the same mare that Jacob Towne had taken up, etc. Sworn in court.
Fransis Nurse deposed that " after my brother Jacob and brother Isack had had some discourse with Jossiah Raye about the mare my brother had lost I coming with him from my howse on an lectture day," deponent asked his brother if he could not by any lawful means get the mare, and he replied that she had been sold, and for all he knew might have gone to Berbadus, etc. Sworn in court.
Isack Estey deposed that he and his brother, Jacob Towne, were at Jossiah Rayes house, and heard said Ray say that his brother Lawthrop had taken up a mare very like said Towne's, and depo-
¡Autograph.
205
RECORDS AND FILES
1660]
Mr. Phillip Cromwell v. Mr. John Ruck. For withholding pos- session of one hundred acres of land bought of defendant. Ruck
nent thought from the way they spoke that it did not belong to Lathrop, etc. Sworn in court.
John Lovet, Ensign Willa. Dixi and William Ellet deposed that the mare was the same that Leiut. Lothrop sold to Mr. Henry Bar- tholomew, etc. Sworn in court.
Jeremy Hubberd,* aged twenty-eight years, deposed that he lived for more than four years at the house of Leiut. Lothrop, and that he had known the mare since she was two years old, etc. Sworn in court.
John Gould deposed that he was with Jacob Towne when he took up the mare, etc. Sworn in court.
Thomas Lawthroppe deposed that this mare was the same that he sold Mr. Bertholmew, together with a bay horse colt, two years and a half before. The mare had a list down her back, had a little bit cut out of her right ear, usually called a half-penny, near the middle of the ear, which was the earmark deponent had used more than twenty years, etc. Sworn in court.
Richard Mid- also testified. Sworn in court.
Wiliam Towne and John Putnam testified that upon some differ- ence about the bounds of Mr. Peterse and Mr. Foogs Meadow, Joshua Ray said that he could show the tree that was the bound tree, etc. Sworn in court.
Joseph Towne, aged about twenty-one years, deposed that he was at his brothers when John Wills and deponent's brothers marked the mare, which was a bright bay, with black legs, black mane and black tail, etc. Sworn in court.
Joshua Rea and William Cressy deposed that the mare they saw at Jacob Towne's was the same that Lieut. Lothrop sold to Mr. Henry Bartholomew, etc. Sworn in court.
Edman Town, Franses Nors and Joseph Town also deposed. Sworn in court.
Edmon Town, aged thirty-one years, brother of defendant, de- posed that the mare which Jacob Town lost three years since came of a mare which now belongs to John Wills, and she was in depo- nent's yard at his house, and they marked all the beasts with the same earmark, etc. After marking they divided the mares, John Wills, having the old mare and his brother Jacob the young one, etc. Sworn in court.
William Towne, aged three score years, deposed that when Joshua Raye and William Creece came to view the mare that his son, Jacob Towne, now has in his possession, said Jacob asked Creece if he knew the mare that Mr. Bartellmue bought of his master La- trape and he said he did. When questioned about the earmarks, he could not answer definitely, etc. Sworn in court.
*Autograph.
206
SALEM QUARTERLY COURT
[June
acknowledged that he sold the land to plaintiff by "an Inch of candle." Verdict for plaintiff, to have a legal assurance of the land within seven days or pay fine. Appealed to the next Court of Assistants. Mr. Thomas Ruck, surety for defendant's appearance .*
*Writ, dated, Apr. 2, 1660, signed by Hillyard Veren,t for the court, and served by Samuell Archarde,t marshal of Salem, by attachment of land. 0
Bill of charges, 2li. 7s. 7d. Jno. Putnam, old Goodman Huchin- son, Joseph Hucliinson, Thomas Cromwell, Serjeant Haile, Thomas Barnes and Robert Prince were paid witness fees.
" The Honoured Courte may bee pleased to take nottis thatt Na- thanell Puttman & Jno. Puttman them or Either of them will give tweenty pounds for the land thatt Mr phill. Cromwell Bought of Mr Jno. Ruck." Acknowledged in court before Hilliard Veren, t cleric.
Richard Hucheson, aged about fifty-eight years, Thomas Hayle, aged about fifty years, Thomas Cromwell, aged about forty-three years, Thomas Barns, aged about twenty-eight years, and Joseph Hucheson, aged about twenty-seven years, testified that they heard Mr. Cromwell bid Mr. Ruke six pounds for his farm. Then Mr. Rucke went and set up one inch of candle or caused it to be set up and said he would sell his farm by one inch of candle " and further sayd there is six pound bid whoe bids more, then wee Asked him what paye he sayd Corne or Provisions, wee sayd wee would give him barll staufes or hoope poolls, then he sayd noe he would haue Corne or proviseons, then wee sayd we would give him itt, then Mr. Cromwell sayd wt Iff itt should falle to mee then mr Rucke sayd for ytt wee shall doe well anoughe : then wee went toe bidinge for ye farme and mr Cromwell bid lastt and bede six pound nine shillings and sume odde pence-with yt ye Candle ffell : when the bargaine was thus ended, Mr Cromwell sayd Cheapman I will eather giue you a qt of wine now and you shall giue mee one when you giue mee a bill of sayle or ells you shall giue mee one nowe and I will give you one when you giue mee a bill of sayle, then Mr Ruke sayd Chaepman which you please ; soe mr Cromwell Called for a qtt of wine and did drinke to Mr Ruke sayinge heres toe you Chaepman mr Ruke Answered I thank you Chaepman." Sworn in court.
Jno. Putnam, aged about thirty years, deposed that he was at Mr. Gidny's, and talking with Mr. Ruck about his farm, asked him his price. Deponent said he would give five pounds and Mr. Crom- well said he would give six, etc. Sworn in court.
Thomas Cromwell and Thomas Barns deposed that they heard Mr. Ruke say to Mr. Cromwell that what he was indebted to him should be set off upon this account of the land, etc. Sworn in court
+Autograph.
207
RECORDS AND FILES
1660]
Emanuell Clearke, attorney of Edward Barton v. William Nick. For withholding land belonging to Barton. Withdrawn .*
" in the new law book in pag 15 the law sees : wharas the way of pasing of houses & landes by salle in Ingland is both peesabell & effectuall namly by deed in writing sealed & deliuerd wth liueri and sezon or posestion giuen of the same before witnes or by deede Aknowlidged and Recorded or by seesing a ffine & that divars within this Juridiction are apt to Rest upon unsartin bargins or salles for houses or lands of any valow ; this Cortt taking this thing into Searis Consideration doth heerby declare & order for the preven- tion of all Clandestine and unsartin salles & titells : that hence- forth noe sale or Alination of houses or lands in this Jueridiction shall be houlden Good in law Exsept the same be dun by deed in wrighten under hand & seel & delivered & posestion giuen apon part in the name of the whole by the vender or his Atorny soe Athorized under hand & seale: unles the said deed be Aknowlidged acording to law and Recorded."
*Writ : Emanuell Clearke, attorney of Edward Barton v. Wil- liam Nick ; for witholding land of said Barton's, upon part of which was formerly a house, which land and house had been illegally de- tained by defendant for divers years ; dated, June 6, 1660 ; signed by Hillyard Veren,t for the court; and addressed to the marshal of Marblehead.
Benjamen Parmintor deposed that the house and land now in controversy, he hired of Edward Barton about seventeen years ago, and paid him twenty shillings a year rent for it; that Barton was the sole owner and at that time it was fenced and planted with Indian corn by said Barton. Sworn in court.
Moses Mavericke deposed that this house was built by Richard Hide, who had the land by his request from the major part of the inhabitants of Marblehead, and that he quietly possessed it as long as he lived in Marblehead. Sworn in court.
Mary, wife of William Chichester, deposed that her husband at one time owned a house at Marblehead, said to have belonged some time before to Edward Bartol. She had heard her husband and others say that her husband bought it of Mr. Heale of Boston, agent to Mr. Israell Stoughton ; and her husband enjoyed it for about two years and then sold it; this was about fourteen years since. Sworn in court.
Edmund Nichelson deposed that about sixteen years since, this house and ground of Edward Barton at Marblehead was attached in the suit of Mr. Israell Stoughton, and some time after, the place was sold through Mr. David Heale, in behalf of Mr. Stoughton, to William Chichester. Sworn in court.
Richard Hide deposed that he built this house on the half acre +Autograph.
208
SALEM QUARTERLY COURT
[June
John Brimblecom v. Hester James. Slander. For calling him rogue and vile names, etc .*
Hester James v. John Brimblecom. Slander. Verdict for de- fendant.t
John Mansfeild v. John Ramsdell. For illegally taking a yoke of oxen from plaintiff in the highway in a general field, and pound- ing them. Withdrawn .;
granted him by the town of Marblehead, and he exchanged this property, with Edward Barton, for a house and land in Salem ; that said Barton possessed the Marblehead house and land three or four years, etc. Sworn in court.
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