Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5, Part 12

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1916
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 520


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 5 > Part 12


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Amberus Gale, aged about forty-four years, testified that he came to Marblehead about twenty-three years ago, etc. Sworn in court.


John Trevey, aged about forty-five years, deposed that "last summer was twelve month," he went to sea in Lattimore's boat and they had no mooring at all for the boat but rode at anchor in the harbor. Sworn in court.


Walter Borson, aged about twenty-six years, deposed that he went to sea with John Martin, who hired mooring of Richard Read, giving him one quintal of fish for the use of it. Sworn in court.


John Northey, aged about sixty-five years, deposed that about twenty-five years ago, he stretched the mooring at Mr. Latte- more's stage, and it belonged to that stage from the beginning of setting up of stages in Marblehead, which is about twenty- seven years ago. John Peach testified to the same. Sworn in court.


Moses Mavericke, aged about sixty-two years, deposed that about thirty-seven years since, John Coite and Goodman Lam built a stage at Marblehead where now Latamore's is. Richard Read has built a stage between John Codner's and John Nor- they's, in the cove that was agreed on to be a place of public use for the town. Sworn in court.


John Merritt, aged about twenty-nine years, deposed that when Latemore warned Read to take his boat away, the latter said he would keep it there in spite of his teeth. Sworn in court.


Nicholas Merritt, aged about fifty-nine years, deposed. Sworn in court.


John Devericks, aged about fifty-five years, deposed that about twenty years ago, he built John Codner's stage. Sworn in court.


111


RECORDS AND FILES


1672]


Richd. Rowland v. Capt. James Smith. Debt. Verdict for plaintiff .*


John Godfery v. John Williams, jr. For taking away three cows out of his possession. Verdict for plaintiff.t


Edward Berry and Elizabeth, his wife v. Nicholas Woodbery. Review of a case tried at the last Salem court. Verdict for de- fendant.#


* Writ, dated Nov. 19, 1672, signed by Moses Mavericke,§ for the court, and served by John Waldren,§ constable of Mar- belhead.


Richard Rowland's bill of cost, 1li. 3s. 10d.


Bond, dated Aug. 30, 1670, from James Smith§ of Marblehead to Richard Rowland of Marblehead, for 10li. 5s., to be paid in fish. Wit: Moses Mavericke§ and Erasomus James.§ Ack- nowledged in court by James Smith.


¿ Writ, dated Oct. 19, 1672, signed by Anthony Somerby,§ for the court, and served by Stephen Webster,§ constable of Haver- hill, by attachment of the house and land of defendant.


Hue and cry, dated 16 : 4 : 1671, for John Godfrey whom Abraham Whitacker charged with feloniously taking away three cows, signed by John Williams,§ constable of Haverhill, who returned that he had taken said Godfrey, and "becos of Athority not being at home & it being doutful what to doe in respect of Commeting him to prison: haue secured him for appearance before m' Saltinstall." He also took bond for his appearance, Edward Clarke, surety.


John Godfere's bill of cost, 2li. 4s. 6d.


Letter of attorney, dated Oct. 2, 1672, given by John (his mark) Williams of Haverell to his brother-in-law John Colby of Amesbury. Wit: Mary (her mark) Parker. Acknowledged before Robt. Pike,§ commissioner.


Bond, for appearance of John Godfrey, dated June 17, 1671, Edward Clarke§ of Haverhill, surety. Wit: Robert Ford§ and Joseph Davis.§


Copy of depositions, taken from Salem court records of June, 1672, in the case of Godfery v. Williams, by Hilliard Veren, § cleric.


į Writ, dated 12 : 9 : 1672, signed by Hilliard Veren,§ for the court, and served by Henry Skerry,§ marshal of Salem. Bond of Nicolas Woodbery. §


Nicholas Woodberrey's bill of cost, 14s. 6d.


Copy of the will of Roger Haskall, taken from the Salem court records of 26 : 4 : 1667, by Hilliard Veren, § cleric.


William Hascoll, aged about fifty-five years, and Samuel Gardner, aged about forty-five years, testified that at the time § Autograph.


112


SALEM QUARTERLY COURT


[Nov.


of the sitting of Salem court in June, 1672, they went to Edmond Berrey's house to call his wife to court. She told them that she had freely given up all her right in that land to her former husband Rogger Hascol before his death, and wished her children to enjoy it. Also she was unwilling for her present husband to sue for it. She said that her husband Roger Hascall was half purchaser with her mother Hardy of all the land they bought of Mr. Geffard, that is, of Garfard's point and the four score acres in controversy. Sworn, 18 : 9 : 1672, before Wm. Hath- orne,¡ assistant, and also sworn in court.


Jacob Barney, sr. and William Dodg, agents for Mr. Gervis Garford, testified that they laid out to Roger Hascoll eighty acres lying between Lord's hill and Burch plain, and that said Dodge saw William and John Haskall deliver it to Nicholas Woodbery by turf and twig. Copy made by Hilliard Veren, t cleric. Sworn in court.


Petition of Elizabeth, wife of Edward Berry: "I had disposed my mind to my husband that now Is Conserninge the sute of law he had with mr Nicholas Woodbury about the land which my mother gaue to me which is my Reight I thoft I should haue Noe busines theare at Court But my Brother In law William Haskoll found me out and perswaded me with these words, will you giue away your Estate to such a Husband that saith you are a baud And such like prouokations If he Recouer the Land he will sell It & make a bag of mony and shew you a Leight pare of heels whare uppon I went to the Court when I Came thare Maior dinison sayed to me, Come good woman you gaue Con- sent to your husbands will did you not, In my fury I did say It Sir: But I haue Considered since I haue don my selfe great wrong in spekeinge that word which was not truth for I doe protest before god that I neuer gaue free consent to Roger Has- kolls will which was my former Husband. This man Haskel after his brother Roger was dead the Court was a fortnight after or thereabout, the sd Haskell Remeaned with me most of the tyme night and day using many arguments & prouocations with me to haue me goe to that Court to haue the will proued when I was very full of trouble, knew not what I did being so short a tyme I did I knew not wt but did by his Aduise." Sworn before Wm. Hathorne,* assistant.


Edeth Herick, aged about sixty years, deposed that she often heard her father Hugh Laskin say that William Haskoll was half purchaser with his brother Roger Haskoll in the farm which her father sold them and that said William possessed and enjoyed the same some time before my father went away, which is about twenty-five years. Sworn in court.


John Grover, aged about forty-five years, deposed that Wil- liam Haskoll, sr., kept the farm about seven years until such


* Autograph.


113


RECORDS AND FILES


1672]


Mr. Bartholmew Gedney and Erassmus James, making return of their administration upon the estates of Elias Young, Ed. Foster and Wm. Yabsley, were discharged.


Jno. Collens and Sarah, his wife v. John Hathorne. Slander. Withdrawn .*


Jno. Safford v. Hen. Leonard. Debt. Of about 10 C. of bar iron. Verdict for plaintiff.t


Jacob Knights, attorney to William Bartrum v. Samuell Benett. Debt. Forfeiture of a bond of arbitration. Withdrawn.


time as he went away, and then Goodman Herrick came in upon his right. Sworn in court.


* Writ: Joseph Collins and wife v. John Hathorne; slander; for saying in Salem at the last county court that last Christmas day at night plaintiff had seventeen quarts of rum drunk in his house, that many who were there were disguised with drink, and that plaintiff's wife was so drunk that she could not go to bed without being carried; dated Nov. 18, 1672; signed by John Fuller,¿ for the court; and served by Thomas Ivorye,¿ constable of Lin, by attachment of land of defendant's, adjoining the lower end of Mr. Whiting's lot and some back of John Hathorne's house.


+ Writ, dated Nov. 9, 1672, signed by Robert Lord, for the court, and served by John How,¿ deputy marshal of Ipswich.


John Saford's bill of cost, 3li. 2s. 1d.


Jno. Howe deposed that being at Mr. Leonard's house, Mar- shal Lord demanded iron for John Saford, which Leonard said would be ready the next morning. The marshal told Ens. John Gould to carry the iron. Zacheus Curtis testified the same. Sworn in court.


Samuell Lenord deposed concerning his father's iron and the weighing of it. Sworn in court.


James Hanscombe deposed that Ens. John Gould came with his man and team for some iron to carry to the Worshipfull Major Denison, for John Saford. Gould asked who was to pay him and not being assured, bade his man drive away, so the iron lay there still at the forge. Sworn in court.


Jno. Everard and James Car deposed. Sworn in court.


Robert Lord, jr., deposed that he was requested to demand 12 C. of iron for Major Denison and about 10 C. for John Safford, etc. Sworn in court.


John Gould deposed that he agreed to take the two parcels to Ipswich, and Denison's iron was ready, but Saford's was not. Also that he would have had to wait an hour or two for it, and it was then dark. Sworn in court.


Robert Lord, jr., and John Gould deposed.


# Autograph.


114


SALEM QUARTERLY COURT


[Nov.


Hen. Benett v. Benjamin Morgaine. Debt. Withdrawn.


John Todd v. William Neafe. Debt. Verdict for plaintiff .*


Edward Humphries acknowledged judgment to Capt. George Corwin.


Steephen Greegs acknowledged judgment to Capt. George Corwin.


John Browne of Ipswich acknowledged judgment to Mr. John Gedney, in wheat or butter.


Jno. Northy v. Erasmus James. Review. Verdict for plain- tiff, the title of the land in controversy.t


* Writ: Mr. John Todd of Rowley v. William Neff of Haver- hill, debt, to be paid in white oak hogshead staves or neat cattle; dated Nov. 8, 1672; signed by Nathaniel Saltonstall,¿ for the court; and served by Stephen Webster, ¿ constable of Haverhill, by attachment of a mare of Wm. Neff, in the hands of Daniel Bradley, and land he bought of Daniel Ela.


John Tod's bill of cost, 1li. 11s. 10d.


Bond, dated Mar. 8, 1670, William (his mark) Neff of Haver- hill, to John Tood, for 7li. 12s., in consideration of a horse and 9s., to be paid in white oak hogshead staves and heading, de- livered in Haverhill. Wit: John Griffingt and Robert Clemens.} Sworn, Nov. 25, 1672, before Nath. Saltonstall,¿ commissioner.


Letter of attorney, dated Nov. 26, 1672, from John Todt to Robert Lord, jr. Acknowledged, Nov. 26, 1672, before Daniel Denison .¿ On the reverse: Tobacco at m' Carleton's, 6li .; buttons a Card, 2s .; 2 paire of black gloves, 4s .; 1668, stockings, a paire, 4s.


+Writ: John Northey, sr. v. Erasmus James; review of a case tried at Ipswich, recovering title of a parcel of land near the house of said Northey, which on new evidence he thinks to make it appear to be his land; dated Nov. 19, 1672; signed by Moses Mavericke,¿ for the court; and served by Sam. Morgan,} con- stable of Marblehead.


Copy of the papers in this action, taken from the Ipswich court of Mar., 1671-2, made by Robert Lord,¿ cleric.


John Northeyes bill of cost, 2li. 11s.


June 18, 1657, "At a generall town metting it is granted to John Northy that swampe that lieth betwene his Land and william Nicks in lew of a Carte way, and alsoe the swampe that lieth betwene John hudsons and his Land in lewe of that one the northest of that is one the other side of the Cart way and Laied out by John Bartoll and John peach, Junior." Copy from the town book of Marblehead taken Nov. 26, 1672, by Samll. Ward,¿ keeper of the book.


# Autograph.


115


RECORDS AND FILES


1672]


Daniell King v. Jno. Goold. Verdict for plaintiff, forfeiture of the bond. Court agreed to chancery the bond of 10li. to 7li .*


John Peach, jr., aged about fifty-nine years, deposed that in 1657, he was chosen one of the selectmen of the town of Marble- head, etc. Sworn in court.


John Peach, sr., aged about sixty years, deposed. Sworn in court.


William Neck, aged about forty years, deposed that John Northy came to the town meeting at Marblehead to ask for a small parcel of swamp that lay west of his land about fifteen years since, and Mr. Johnson and others were appointed to view it, and it was granted. Then the land lying so that the cartway came through some of his land and no other convenient way could be found into the woods. The town had waste land be- tween deponent and Northey, and exchanged with him, giving him all the waste land to the lower end of deponent's fence and he gave the town also land on the other side of the cartway upon which Northey's house stands, etc. Robert Knights, aged fifty-eight years, deposed the same. Sworn in court.


Francis Johnson, sr., of Boston, aged about sixty-six years, deposed. Sworn, Nov. 25, 1672, before Edward Tyng,f assistant.


Thomas Boin, aged about forty-seven years, deposed. Sworn in court.


Moses Mavericke, aged about sixty-two years, deposed that he with the other selectmen of Marblehead, going by the house of Erasmus James' about some land of the town which they were to dispose of, were asked by said James to buy a small par- cel of land which is the land in controversy. "I was not then very Free to auct in itt because I had some sudden thoughts that John Northey might claime the land: butt erasmus James was soe importunate in words and actions that the selectmen had no time to consider: but did write in the Booke he was to haue the Land and we to stake itt out; but within one day or two Northey claimed the Land: we neuer stacked it out nor rec. pay for itt butt made Null the former writing till itt appeard whether it were the Towns land or John Northeys: after that Mr Francis Johnson speaking to me about itt I did call to mind and remember the Land was given Northey in Lue of the High way and other Land left out and am fully perswaded on that acco the Land in Controversy is John Northeys." Sworn in court.


*Writ, dated 13 : 9 : 1672, signed by Hilliard Veren,t for the court, and served by Henry Skerry,; marshal of Salem.


Summons, dated 14 : 9 : 1672, signed by Hilliard Veren, t for the court, and addressed to John Goold, constable of Tops- feild.


t Autograph.


116


SALEM QUARTERLY COURT


[Nov.


Steephen Haskett v. John Stone. Withdrawn.


Major Wm. Hathorne v. John Goold. Debt. Verdict for plaintiff .*


Joseph Armitage v. Hen. Roads. Review. Withdrawn.


Joseph Armitage, attorney or assignee of Samll. Benett v. Capt. Tho. Savage. Withdrawn.


There being a copy of the will of Mr. Joseph Humfrye, deceased, presented to court and attested upon oath of Mr. Tho. Keland and Mr. John Wensly, before the Worshipful John Leveritt, Esq., Deputy Governor, Edward Ting, Esq., Assistant, and Isaack Addington, clerk, wherein the court found that said Humfrye bequeathed to Tho. Price, son of Mr. Richard Price,


Daniell King's bill of cost, 1li. 15s. 6d.


Daniel Kingt and John Gould,t 25 : 1 : 1672, in behalf of James Carr, chose Major Hathorne to end all differences and agreed to stand to the arbitration. Wit: Wm. Hathornef and Rich. Walker .; Owned in court by John Goold.


John How and Edmond Bridges testified that on July 6 they appraised for John Gould as many young cattle as they judged worth 7li. 4s. 7d., to be delivered to Danill Kinge, etc. Sworn in court.


Thomas Pharoh, aged about fifty-five years, and Ezekell Ned- ham, aged about twenty-eight years, deposed that they went to John Goolld's house with Daniell King to demand the money which Major Hathorne had awarded, etc. Sworn in court.


James Care deposed that Mager Hathron awarded that he should serve King six or seven months for what the Mager found him indebted to King.


Wm. Hathorne's award, dated Salem, Apr. 6, 1672: that John Gold pay in behalf of James Carr to Daniel King within three months, 1li. 17s. 7d., which Carr took above his wages, also 3li. 15s. for absenting himself from his master's service about three months, also 14s. in money for the charges of the house, and 18s. for King's charges in seeking for said servant.


Edman Brigges and John How deposed. Sworn in court.


*Writ, dated 13 : 9 : 1672, signed by Hilliard Veren,t for the court, and served by Henery Skerry, t marshal of Salem.


Summons, dated 14 : 9 : 1672, signed by Hilliard Veren,t for the court.


Bond, dated 7 : 6 : 1672, from John Gouldt of Topsfeild to Major Hathorne of Salem, to be paid in bar iron at 20s. p C., and to be delivered at Mr. Browne's at Salem. Wit: Nathll. Mig- hellt and John Appleton.t Owned in court by John Goold.


+ Autograph.


117


RECORDS AND FILES


1672]


and Mrs. Elizabeth Pelham, all interest in his farm at Lyn, late in possession of Frances Ingolls, and now in the possession of Edmond Batter, who are to have possession of the farm given them, provided they pay to Mr. Ed. Batter, late administrator, 75li. 17s., his just due from the estate, to be paid in vendable goods or provisions. Said Price and Pelham and the farm were to be security against any of the relations of John Humfrys, Esq., deceased, who may have just claim thereto.


Will of Lazarus Farr and an inventory were brought into court and attested upon oath of the witnesses.


John Farr dying intestate, administration upon the estate was granted to Richard Stower and Joseph Farr, and an inventory brought in. An agreement for the division of the estate among the relations was allowed by the court.


Capt. Thomas Marshall had his license renewed.


Mr. Thaddeus Riddane had his former license renewed.


Hen. Walker, William Ellery and Thomas Pinny, all of Gloster, took the oath of freemen.


Frances Nurss was sworn constable for Salem.


Ordered that the county treasurer pay as soon as he can 25li. to John Pearson, sr., of Rowly, for his pains and charges about repairing the county bridge near Richard Thurloe's.


Thomas Robbin, an Indian, for excess in drink and for break- ing into the house of the Worshipfull Mr. Simond Bradstreete, was sentenced to be branded on the forehead with a letter B, and to pay costs to the Andever constable .*


Daniell Knight dying intestate, administration of his estate was granted to Jacob Knights, his brother, who brought in an inventory, which was allowed. Court ordered that Elizabeth Bread, the natural mother of deceased, be paid 10li., and that John Knight and An, wife of Edward Richards, the natural children of the father of deceased, be paid 5li. each, and Pris- cilla Kertland, intended wife of deceased, be paid 10li. The rest of the estate was to be divided between Jacob Knights, Eliza- beth Graves and Mary Wormwood, brother and sisters of de- ceased, the brother having a double portion. All legacies were to be paid within six months, all parties to share proportionately with regard to debts and credits.


*Bill of cost of William Chandler, deputy constable, 14s. t Autograph.


118


SALEM QUARTERLY COURT


[Nov.


Mathew Price, for excessive drinking, was fined.


Court being informed that Joseph Booby moored his shallop by leave and right of John Northy, whose right had been lately sold to Richard Read, it was ordered that he move it to some other place unless he can make out that he has a right to this place, and so report to the next Salem court.


Richard Charlescraft dying intestate, Anthony Needham was appointed administrator of his estate, and was ordered to bring in an inventory to the next Salem court.


Joseph Armitage acknowledged judgment to Capt. Thomas Savage.


Tho. White dying intestate, administration was granted upon the estate to Ruth, the relict, who was ordered to bring in an inventory to the next Salem court.


John Farefield dying intestate, Sarah, the widow, was appointed administratrix, and an inventory* brought in by her was allowed.


John Norman dying intestate, Arabella, his wife, was appointed administratrix, and an inventory which she brought in was or- dered as follows: to the eldest son John Norman, 40s., and to the rest of the children 20s. each, to be paid upon demand, the widow to have the remainder.


John Smith dying intestate, Elizabeth, his wife, was appointed administratrix, and she presented an inventory and was to add to it whatever might appear afterward.


George Burch dying intestate, Elizabeth, his wife, brought in an inventory of the estate, which was allowed. The children of the deceased, Elizabeth, John, Mary, Abigaile and George were to have 10s. each at age or marriage, and the widow was to have the rest.


*Inventory of the estate of John Fairefeld of Ipswich, taken 20 : 9 : 1672, by Tho. Fisket and Richard (his mark) Hutten: Homestead, 140li .; a parcell of meadow in the great meadow, with upland undivided with his Brother, 52li .; beding, 3li .; wareing Cloathes, 2li. 10s .; two boxes & some other utensels, 18s .; Iron pott & tongs, 12s .; Chairs, 3s .; one Cradle & tub, 6s .; Catle, 25li .; swine, 6li .; two guns & sword, 2li .; spad, shov- ell, siev & axes, 17s .; Chaine & plowe Irons, 18s .; Chest & Bed- stead with some other Small things, 1li. 12s. 6d .; a frying pan & Chest lock, 9s .; Corne, 5li .; total, 241li. 5s. 6d. Debts, 6li. There were 12 bushels of corn due from Walter Faierfeild for damage.


t Autograph.


119


RECORDS AND FILES


1672]


Samuell Leach dying intestate, administration upon his estate was granted to Hanna, his wife, who was to bring in an inventory to the next Salem court.


Mr. John Ruck, Mr. William Browne, sr., Mr. Edmond Batter, Capt. George Corwin, Capt. Walter Price, Mr. Henry Barthol- mew, John Procter, Mr. John Gedney and Capt. Paule White had their former licenses renewed for retailing strong waters.


Mr. Jonathan Corwin had license granted him to retail strong- waters.


John Dennis and Abraham Martin, for beating and abusing Lewis Laford, in his master's house, were sentenced to be whipped. John Dennis, paying 4li. in money, was dismissed.


John Sellare dying intestate, Elizabeth, his wife, was appointed administratrix, and was ordered to bring in an inventory to the next Salem court.


Will* and inventory of Bridgett Varney were brought in and allowed.


*Will of Bridget (her mark) Verneyt of Glocester, "being by God's providence cast upon my Bed of Sickenesse," dated Nov. 10, 1671, and allowed in court by the witnesses: "I give & be- queath in the first place unto my Sonne Humfrey Verney the Summe of twenty Pounds to be payd by my sonne Jeffrey Par- sons of this Towne in foure yeares. five pounds per Annum during the space of foure yeares after my decease. Item I give & bequeath unto my Daughter Rachel Vinson (the wife of William Vinson) twenty Pounds to be payd out of my estate according as hee the sayd william vinson my sonne in Law Can best order it for Her And this to be for my sayd Daughter after my decease Item I give and bequeath unto my sonne Thomas Verney Seaven Sheepe after my decease. And for the rest of my Goodes or estate besides what is above mentioned & bequeathed I leave in the hands of my sonne in Law william vinson as his owne proper Goodes & right to dispose as he shall see meet And to the end this my Last will & Testament may be duely & truely performed in manner & forme abovesayd I doe hereby appoynt constitute & ordayne my sayd Sonne in Law william vinson to be sole Execu- tor." Wit: John Emerson,¿ William Ellery,¿ William (his mark) Vinson and John (his mark) Row.


Inventory of the estate of Bridgett Verney, taken Nov. 21, 1672, by Thomas Millett, sr., and John Collens, sr.,¿ both of Gloster: Two Cowes and two hefer Calves, 8li .; nine sheepe, 3li. 10s .; Two swine, 16s .; Three Akers of marsh in Chebacco,


t Seal.


# Autograph.


120


SALEM QUARTERLY COURT


[Nov.


Richard Rowland, complaining against Capt. James Smith for abusing him, and the charge not proved, they were all dis- missed. Tho. Powell was allowed charges, to be paid by Row- land.


Richard Rowland, for being much in drink, it being the second conviction, was fined.


Jeffery Joanes, presented for being disguised with drink, and it being not proved, was dismissed.


John Trask, for fornication before marriage, was fined or if the fine were not paid before the next Salem court, to be whipped.


A bill of 4s. 12d. for disbursements about repairing the bridge or causeway at Salem was ordered to be paid by the county treasurer .*


Peeter Greenefeild dying intestate, Hanna, his wife, was appointed administratrix, who brought in an inventory amount- ing to 120li. clear estate. Court ordered that 60li. be paid out of the estate to the three children, to each 20li. at age or marriage, and the remainder of the estate to the widow. The house and land mentioned in the inventory was to be for security of the payment of the children's portions.


John Roads and his wife, for fornication before marriage, were sentenced to be whipped or pay 5li. in money before the next lecture day.


Nathaniell Hun, for striking Mr. Phill. Cromwell, was fined.


Nathaniell Hun and his wife, for fornication before marriage, were sentenced to be whipped on the next lecture day or pay 5li. in money.


Jeremiah Bennett, alias Shelton, and Christian, his wife, for fornication before marriage, were to be whipped on the next lecture day or pay 5li.


4li .; beding, 1li. 5s .; a Paire of sheetts, 15s .; wearing Clothes, 3li. 14s .; Linen Clothes, 2li .; box and two Loks, 6s .; woolle and yearne, lli .; old timber vesels, 3s .; debts oweing her, 41li. 2s .; total, 66li. 11s.




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