Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6, Part 35

Author: Essex County (Mass.). Quarterly Courts; Essex Institute; Dow, George Francis, 1868-1936
Publication date: 1917
Publisher: Salem, Mass. : Essex Institute
Number of Pages: 536


USA > Massachusetts > Essex County > Records and files of the Quarterly Courts of Essex County, Massachusetts, vol 6 > Part 35


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Samuell Pike, aged about twenty-three years, and Michaell Bowden, aged about twenty-five years, deposed concerning going with Edward Richards to Welch's house, and that they offered said Welch twenty cords of wood at the landing place at Forest river as pay for the nursing, or if that would not suffice a yoke of oxen to make it up, each to choose a man to value them, but Welch refused, etc. Edward Richards, aged about sixty years, deposed the same. Sworn in court.


John Lewis, aged about forty years, and William Basset, sr., aged about fifty-eight years, testified that upon request of tAutograph.


361


RECORDS AND FILES


1677]


Robt. Hooper, agent for the Town of Marblehead v. Edw. Holman. Verdict for defendant .*


Mr. Ralph King and Ezekell Nedham, he went with them to the house where John Blayne dwelt and demanded the estate, that is the farm called by the name of Darlin's farm, of which the houses and fences were ruined and the wood and timber carried away, and he refused it. Sworn in court.


Joseph Hebard and wife Elizabeth affirmed that they were living in the house of Mr. John Blano and that he hired their sister Hannah Graves to look after his family which she did to the utmost of her power, until the time when she went away. She would not have gone had it not been for her mother-in- law, and she had nothing against Blano. Also Blano hired said Elizabeth Heburd to take care of his children, and they wanted for nothing but were maintained as well as most children. He caused to be made up a piece of cloth to clothe his children. Further that little Bettie. King came for his daughter Hannah unknown to Blano and never came but once since and then said Blano supplied her with what she wanted. Sworn in court.


George Darling, aged about sixty years, and Engrome Moodie, aged about sixteen years, deposed that being neigh- bors of Mr. John Blano that they never heard him or the children complain of not having food and raiment, and said Blano provided as well for them as any other man thereabouts. He had several times bought quarters of mutton, butter, cheese and milk for them. Sworn in court.


Samuell Pike, aged about twenty-three years, and Michaell Bowden, aged about twenty-five years, deposed that they being neighbors of Mr. John Blano, etc. Sworn in court.


Mrs. Elizabeth Purchas, aged about forty-eight years, de- posed that John Blano had received of her for the use of his family linen and woolen to the value of forty-eight shillings, and she had also knit stockings for him and his children. Sworn in court.


The guardians' declaration: that Daniel King left to his daughter, Darlings' farm, so called, and she having deceased without a will, her children inherited the estate; that John Blano had spent the estate by drinking rum and strong drink, etc.


John Blanye'st answer to the declaration: that he paid 10li. per year rent for the farm; "it will be euident that I haue not nor will I dispose of it for RUM &c. as the plaintiff from his durty mouth with other filth cast at mee," etc.


*Writ, for fencing in a cove and land against Robert Hoop- tAutograph.


362


SALEM QUARTERLY COURT


[Nov.


er's house, appropriating the town's right, dated 21 : 9 : 1677, signed by Thos. Fiske,* for the court, and served by John Stasey,* constable of Marblehead, by attachment of the dwelling house and land of defendant.


Edward Homanes bill of cost, 3li. 7s.


Vote of the town, dated Nov. 19, 1677, to sue Edward Homan, sr., at the next Salem court, and appointing Robert Houper as their attorney. Copy made by Moses Mavericke,* Nov. 23, 1677, and signed by Moses Mavericke,* John Peach, sr.,* Nathanel Walton,* Richard Reith* and Thomas Petman,* selectmen.


Deed, dated Feb. 2, 1659, given by William (his mark) Pitts of Bostone, merchant, and wife Susanna, to Christopher Lattamore of Marblehead, all his housing, with upland, swamps, marsh and stage land in Marblehead, now in posses- sion of said Lattamore. Wit: Hope Allen, Abraham Haukins and Richard Genett. Acknowledged, Feb. 2, 1659, before John Endecot, Governor. Copy made by Hilliard Veren,* recorder.


John Coyte of Marblehead, on 28 : 9 : 1649, sold to William Pitt, all his houses, his third part of the stages with the land adjoining, two acres of marsh, eight acres of upland upon the neck, for 11li., as by a writing dated Feb. 9, 1647. Copy made by Hilliard Veren,* recorder.


Moses Maverek, aged about sixty-six years, and John Peach, sr., aged about seventy-four years, having lived in Marblehead forty-four years, and John Peach, jr., aged about sixty years, having lived in Marblehead thirty-nine years, deposed that the land in controversy from Robert Hoop- er's house down to the cove, with the privileges, and the land about said cove, belonged from the time abovesaid to the time that Edward Holman fenced it in, to the town. Edward Read, aged about sixty-three years, having lived in Marble- head about forty years, testified to the same. Sworn in court.


Jams Denis, aged about thirty-five years, and John Hooper, aged about thirty-six years, and Erasimus Jams, aged about forty-one years, deposed that Holman fenced in this land the past spring. Sworn in court.


"Att A Generall Court of Election held at Boston 2d of May 1649. Upon the petition of the Inhabitants of Marblehead for them to be a Toune of themselues, Salem hauing granted them to be a Toune of themselues, & Appointed them the bounds of their Toune which this Court doeth Grant you." Copy made by Edw. Rawson,* Secretary.


Edward Richards, aged about sixty years, deposed that about forty years ago he lived in Swamscott about which


*Autograph.


363


RECORDS AND FILES


1677]


time John Goyt, sr., was put ashore from a ship at Capan, and upon a Lord's day by Mr. Humphryes appointment was fetched from thence in a boat and was employed by said Humphries to build a barque for him. After he had built it, he intended to go to Mittapese, but was persuaded by Mr. Winthrope and Mr. Humphryes to stay in these parts and they promised him any accommodation fit for his employment. Then he "satt downe att Marblehead," at the cove at the north of Mr. Latimor's stage, the land in controversy. He told de- ponent that he chose this place because it was most suitable for his employment. Sworn in court.


Henery Trivett, aged about fifty years, testified that he was a servant to Mr. Wm. Pitt thirty years ago and that all the land from Richard Reed's fence, which was formerly John Northy's, running from low water mark to the northeast to the cove which was formerly called Guoit's cove, with the house that was on top of a hill near the place where Edward Holman's house now stands, Mr. Pitts bought of old Guoit. Deponent was with Mr. Pitt when old Guoit gave him posess- sion. Sworn in court.


Thomas Boan, aged about fifty-six years, deposed that John Goite built housing upon the land. Also that deponent was employed by him to help saw plank and build shallops there. Sworn in court.


Benginmen Parmiter, aged sixty-five years, deposed that he worked for old John Goit, etc. Sworn in court.


Jno. Gatchell, aged about sixty-four years, deposed that he lived in Marblehead when old Guoit first came there, forty years or more ago, and said Guoit first built a wigwam and lived there till he got a house, etc. Sworn in court.


John Northey, sr., aged about sixty-six years, testified concerning Goit's coming to Marblehead. Sworn, 3:14 : 1674, before Wm. Hathorne,* assistant.


Richard Hide, aged sixty years, deposed that thirty-six years ago he worked with Goodman Goite on that stony cove about shipwork, etc. Sworn 30 : 1 : 1674, before Wm. Hathorne,* assistant.


Elizabeth Houper, aged about seventy-two years, deposed that about fourteen years ago, her husband Robert Houper asked Mr. Christopher Lattemore to buy a small parcel of land, now in the possession of Roger Russell, adjoining the cove now in controversy. Lattemore said he could not sell it for it was the town's land and the cove was for the whole town for a landing place. Robert Hooper, aged about sixty- four years, deposed the same. Sworn, Nov. 29, 1677, before Moses Maverick,* commissioner.


*Autograph.


364


SALEM QUARTERLY COURT


[Nov.


Danyell Wicum v. John Pickard, sr., Samuell Platts, sr., John Pearson, jr., and John Baily. Verdict for plaintiff, the land sued for .*


*Writ: Daniel Wycome v. John Pickerd, sr., Samuel Plats, sr., John Pearson, jr., and John Ballie; for not laying out to him the ten acres which was due, by his privilege upon common and a privilege which belonged to his house which he lives in, by grant of Rowley in 1673 or 74, said Wycomes land to be laid out in the first place of the land to be divided according to the custom of the town in divisions of land formerly laid out; dated Nov. 22, 1677; signed by Thomas Leaver, for the court, and served by Robert Lord,t marshal of Ipswich, by attach- ment of common land in Rowley near Bachellder's meadow. Bond of Samuell Platts.t


Daniell Wicom's bill of cost, 2li. 2s.


Ezekiel Mighel and John Bayly deposed that Wicom had lived in the house he now occupies these many years and lived there in 1673. Also that the house is in about the middle of the town and he is the first man in the middle of the town at the west end who has no right in "nether end ox pasture." Sworn in court.


Danniell Wicam's ministry rate for 1672 was 17s. 9d. Copy made Nov. 26, 1677, by William Teny, t keeper of the book.


To Daniell Wicom, purchased of Thomas Lambert, 2 gates; of the Towne, 2 gates; of Thomas Remington, 2 gates. Copy from the book of records for lands of Rowley, Nov. 26, 1677, by Philip Nellson, t recorder.


"At a legell towne meeting held 20th of may 1667 It was agreed and voated for the laying out of hog Iland upland and marsh according to gates be at the descretion of the men chosen to lay it out that Ezekiell Jewet should begin and John Dreser Junier next Abraham Jewit next John Trumbel next Jonathan Plats next Richard Clerke and downe Bradford street to George Kilborne Jachin Rainer next James Barker next John Stickney next uxor Wickem next william Scates next John Pickerd next uxor Broklebank next william Boynton next deccon Broklebanke next John dreser Junior next uxor Mighel next daniel wickum next uxor Hobson next mrs Rogers next." Copy made, Nov. 26, 1677, by William Teney, t keeper of the book of Rowley.


"It. To the end every man may haue an equall share in the commons according to purchase it is agreed that euery acer and halfe lot, shall have one gate and halfe a gate Also euery tow acer lott shall haue too gates and a quarter. It.


tAutograph.


365


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1677]


euery half tow acer lott shall haue foure gates and one halfe gat. It. Euery three Acer lott shall haue thirteene gates and a halfe; If euery foure acer lott shall haue twenty tow gates; and six acer lots shall haue fourty five gates." Copy made from the town book of Rowley by William Tenny,* keeper of the book.


"At a legall Towne meetinge holden the 26 : of Nouember 1662. It was agreed and uoated that Richard Swan, Samuell Brocklebanke, Ezekiell Northen, John Pickard, and William Stickney should lay out the said land formerly agreed to be laide out to euery gate, one Acre of land, and that what the saide persons or the maior part of them did in that case should be counted a ualled act Accordinge to the foresaid agrement of the Towne, and allso accordinge to the order and agreement of the Towne, for the begininge of the said Diuision: the East end of the towne, to begin the furthest of at the nearest land and to haue each man his halfe proportion of the land laide out at first." Copy taken Nov. 26, 1677, from the town book of Rowley by Philip Nellson,* recorder.


"At a legal toune meeting held 23th March 1673. It was agred and voated yt the quantity of land propounded to be devided is herby declared to be doubled according to the rules above mentioned. This pased on the Affirinative." This was joined close to the first grant dated Feb. 24, 1673.


"At a legall towne meeting held the 24th Febuary 1673. It was agred and voated that the towne commons should be deuided to the value of too thirds of it or there about be it more or les (viz) that is to every gate on the Common there shall be laid out too acors; to euery twenty shillins of the last yeares ministrey rate on every person in the toune and so proportionallely to lesser or more toune acers; and to euery Inhabitant that keepes a house and payes rates too acers, the persons paying rates and keeping houses is to be understood such whose habitation is situate within the five miles that is accounted towne common, also inhabitants keeping houses are to be understood freeholders and such whose houses are at present inhabited this voat pased on the affirmative by the mager part."


"At a legall toune meeting held 15th december 1674. It was agred and voated that that part of the commons within the five miles that is left undivided after that the grants for a division of the Commons yt were granted the last yeare and fully satisfied according to the proportions therein expresed unto every man therein concerned that then the remainder of the land within the said five miles should be and soe re- maine to be a free common to al those and there hires that


*Autograph.


366


SALEM QUARTERLY COURT


[Nov.


Steephen Crosse v. John Allen. Debt. Verdict for plain- tiff, 5,000 boards according to bill .*


have a present right in the said division according to yr owne proper right or interest by houses gates and estates, onely those yt haue the number of six gates and upward and at present have but one house or by the said grant liberty but for one frehold at present, may have liberty for one frehold more when they haue occasion to buld another house, as those of fewer gates haue done before this grant and therby haue gotten the benefit of two freholds, and if there be any other cases worthy of tender consideration that it may be in the liberty of the se- lectmen to consider of them; this vote pased on the affirma- tiue by the mager part of the towne. Jonathan Plats, Symon Chapman, Mickales Jackson, Charles Browne, Samuell Plats, William Tenny entred there decent against this voat at the same meeting at the same meeting it was voated and agreed that they yt have noe right in ether end ox pasture should come in for one third part of there rit due unto them according to the last yeares grants in the first land that is devided." Copies made, Nov. 26, 1677, by William Tenny, t keeper of the town book of Rowley.


*Writ, dated Nov. 21, 1677, signed by Robert Lord,t for the court, and served by Thomas Clarke, t deputy for Robert Lord, t marshal of Ipswich.


Steven Crosses bill of cost, 7s. 9d.


Joanathan Hartt and Edmond Bridges testified that the current price of merchantable pine board is 45s. per thousand in money in Salem. Sworn in court.


Letter of attorney, dated Nov. 26, 1677, given by Steen. Crosst to Phillip - -. Sworn, Nov. 26, 1677, before Daniel Denison. t


Job Bushop, aged about twenty years, and Robert Cross, aged about forty years, deposed that they were at Exeter with Steven Cross, and John Allen of Salsbery was present, of whom said Steven demanded 5,000 feet of deal boards due by bill. He said he could not pay them and Cross came away without any boards to put aboard his sloop. Sworn, Nov. 26, 1677, before Daniel Denison.t


Bond, dated May 23, 1677, given by John Allint of Salsbery to Steven Cross, for 5,000 pine boards. Wit: Luke Perkinst and Thomas Wells.t Sworn, 28 : 9 : 1677, by Perkins in court, and on Nov. 26, 1677, by Wells before Daniel Denison.t


Thomas Fosci, aged about thirty years, deposed that he was in the sloop with Steven Cross when they went into Pis- +Autograph.


367


RECORDS AND FILES


1677]


Hen. Bennett v. John Stannion. Debt. Verdict for de- fendant.


Christopher Lattamore v. Richard Bedford. Debt. Ver- dict for plaintiff .*


Edward Gove v. Henry Benet. Appeal. Verdict for defendant, confirmation of the former judgment. Appealed to the next Court of Assistants. Edward Gove bound, with John Stanian and James Browne, sureties.t


cataqua river for the boards, and they had to return home "ded fraited." Sworn, Nov. 25, 1677, before Daniel Denison .¿


*Writ, dated Nov. 21, 1677, signed by Robert Lord,¿ for the court, and served by Robert Lord,¿ marshal of Ipswich. Bond of Richard (his mark) Bedford, and John (his mark) Gamage, as surety.


Mr. Christyfor Latemor's bill of cost, 1li. 3s. 6d.


Account of Richard (his mark) Bedford, Feb. 26, 1668, due to Cristr. Lattemer, 4li. 14s .; Bedford Dr. to Lattimer in wine and beer, 14s. 6d .; total, 5li. 8s. 6d .; July 1668, re- ceived at Monhegon, 3li .; due, 2li. 8s. 6d.


¡Henerey Benete's bill of cost.


Edward Gove's bill of cost, 2li. 1s. 6d.


Receipt of William Bucklyt dated Feb. 1, 1671, for 30s. in wheat by order of Edward Goe of Hamton due to Mr. Samuell Hall, late of Salisbury, from Henry Benet ordered by said Goe to be paid to William Bockly. Wit: Jacob Bennet.# Sworn before Daniel Denison .¿


John Newmarch testified that he heard the bargain made between Buckly and Bennet. Sworn, Oct. 4, 1677, before Daniel Denison .¿


Henry Bennet affirmed to the same.


Copy of warrant, dated Sept. 28, 1677, for Edward Gove's appearance before Maj. Denison on Oct. 4, upon complaint of Henry Bennet, signed by Robert Lord, for the court, and served by Robert Lord, marshal of Ipswich. Copy made by Daniel Denison .¿


Judgment of Daniel Denison for the plaintiff, Henry Bennet. Appealed. Bond of Edward Gove, with John Acy, surety. Copy made by Daniel Denison .¿


Edward Gove'st reasons of appeal, dated Hampton, Nov. 20, 1677: that Samuell Hall had not lived in Salsbury for fifteen or sixteen years, etc. Daniel Denison,¿ on Nov. 22, 1677, received these reasons of appeal.


Henry Bennett's answer to the reasons of appeal.


¿Autograph.


·


368


SALEM QUARTERLY COURT


[Nov.


John Lee v. John Gifford. Slander. Verdict for plaintiff. Defendant was ordered to pay a fine or make a public ac- knowledgment in the meeting house at Ipswich on a lecture day as soon as lecture is done upon the court week in March next that he had done said Lee wrong in his name in saying that he had forged the word "and" in a covenant between them .*


*Writ, dated Oct. 23, 1677, signed by Robert Lord,t for the court, and served by Robert Lord,t marshal of Ipswich, by attachment of about nine pounds of cotton or linen yarn belonging to defendant in the hands of Jeams Sawyer; John Ballord,t constable of Linn also attached estate of Mr. John Gifford in the hands of Mrs. Sarah Hathorne and Ebenezer Hathorne, executors of the estate of Mr. Jno. Hathorne.


Jno. Lee's bill of cost, 4li. 1s. 2d.


Objections against Mr. John Lee's bill of cost.


Warrant, dated Oct. 23, 1677, for Mr. Jno. Gifford's appear- ance, signed by Robert Lord, t for the court.


John Gifford's receipt, dated July 12, 1677, to Mr. John Lee of Ipswich for the execution directed to him by Marshal Waite of Bostone, in which he deputed said Lee his deputy to serve the execution upon Henry Dispaw of 500li., which was denied in Salem court upon oath by Goodman Coldum of Linn and Henry Dispaw to be the act of Marshal Waite, and said Gifford was bound to pay 40li. in cash to said Lee when the execution should be returned to him again, proved and owned by said Waite, and to be left with said John Lee or at the house where he now lives with his mother. Wit: Walter Fairfeild. Steephen Cross made oath to the fore- going, 14 : 7 : 1677, before Samll. Simonds, Dep. Gov., and Mr. Gifford and Walter Fairefield owned it, 25 :7 :1677 in Ipswich court. Copy made by Hilliard Veren.t


Walter Fairfeld, Marshal Lord and Joseph Lee deposed concerning the verdict in Ipswich court. Sworn in court.


Walter Fayerfield, aged about forty-five years, deposed con- cerning the alteration of the bond. Sworn in court.


Joseph Armitage, aged about seventy years, deposed. Sworn in court.


Ebenezer Hathorne, aged about twenty years, deposed concerning the summons. Sworn, Nov. 28, 1677, before Daniel Denison.į


John Cogswell, aged about twenty-seven years, deposed that in the spring of the year being at the eastward with John Leigh, they lay in the same bed, and deponent missed money ¡Autograph.


369


RECORDS AND FILES


1677]


Richard Holly acknowledged judgment to Mr. John Turner.


Mr. Wm. Longfello, in open court, appointed Ed. Bridges to be his attorney in an action between himself and Hugh March.


Ellinor Hollingworth informed the court of several uncer- tain reports of the death of her husband Wm. Hollingworth and having wasted some time and not being able to get any certain information from all the vessels that have arrived, court ordered that the estate be placed in her hands and that she should act in the improvement of it as if her husband were yet alive until more information be received or the court order otherwise. Said Elenor was given power of attorney.


Whereas there is a mare and colt of the country's in the hands of Joseph Hutchenson, court ordered that he deliver them to Daniell Davison, who was to pay .*


John Griffing acknowledged judgment to Edmond Bridges, as attorney to Mr. John Ruck, Bartholmew Gedney, Mr. John Higgenson and George Deane.


Mr. William Browne, sr., Mr. Edmond Batter and Mr. Bartholmew Gedney, chosen by the freemen of Salem for commissioners, according to liberty granted them by the General Court, were confirmed and sworn.


out of his pocket. He asked said Lee for it and he denied it, and after "prety many" words about it, Lee gave it back, saying that he took it while deponent was asleep. He re- peated the theft, and never returned the mony. Sworn, Nov. 25, 1677, before Daniel Denison.t


Dockter Richerd Knott, aged about thirty-five years, and Edward Bridges, aged about thirty-nine years, testified that they were occasionally at Clerk Lord's house, etc. Sworn in court.


*Warrant, dated Nov. 21, 1677, for the return of the mare or upon failure, to appear at the next Salem court, signed by Daniel Denison, ¡ Major General.


Joseph Houlton and Ben. Bolch appraised on Sept. 6, 1676, the damage done upon request of their neighbor Huchinson in his field by horses at 10s.


Nathll. Ingerson and John Buxton appraised, on Sept. 12, 1676, the damage done in Joseph Huchinson's corn by horses at 18s. They also appraised a white mare and colt which did the damage, the former at 18s. and the latter at 9s.


+Autograph.


370


SALEM QUARTERLY COURT


[Nov.


William Benet was licensed to keep an ordinary .*


Erasmus James, Mr. Legg and Doctor Knott were licensed to retail strong waters out of doors only.


Benjamin Parmiter, Mr. Thaddeus Riddan, Mr. Richard Croad, Capt. Marshall, Mr. King, Will. Edmonds and Mr. John Gedney had their licenses renewed.


Mr. Edm. Batter, Capt. Geo. Corwin, Mr. Browne, sr., Capt. Price, Mr. Jon. Hathorne, Mr. Bar. Gedney, Mr. Jon. Ruck, Capt. White, Ambross Gale and Mr. John Turner had their licenses renewed to sell strong water.


There being a petition presented to this court by John Sy- monds of Pocasset in Plimouth colony for something that was due to him for keeping Mary Caly, child of Thomas Caly's, deceased, left with him by her mother. Court ordered the overseers of the will of said Caly to sell or dispose of any part for the payment of the keeping for two years and almost a half.t


Mr. Tho. Woodbridg was appointed administrator of the estate of John Joanes, with Capt. Nicholas Page as surety,


*Certificate of the selectmen of Manchester, Samuell Allen and Samuell Freind, at a town meeting on Nov. 21, 1677, that William Bennet was chosen to keep the ordinary at Manchester.


¡Petition of Jno. Simonst of Pacasset, in the colony of New Plymouth, who having had a child left in his keeping by one Thomas Russell and Mary his wife of Marblehead, she being formerly wife of Thomas Calley of Marblehead, de- ceased, and said Thomas Russell and his wife being at peti- tioner's house two years ago last May, and being bound for Marblehead and not being able to carry the child with them left it with him for a fortnight, promising to pay 3s. per week. But he had never come nor sent for the child nor had he main- tained it. "Your poor petitioner hath been Greatly Destressed and Lost all by the Late Warr with ye Indians and your poor petitioner is in Great Distress yet and hath not wherwithall to subsist to keep the Child your poor petitioner hath taken this Long Journey to Come to ye parents of this Child and Understand that ye Child was Thomas Calley Deceased." He could get no redress from the overseers of the will, etc. Order to Mr. Browne for the overseers to sell any part of the estate to the value of 9li., signed by Hilliard Veren,# clerk.


#Autograph.


371


RECORDS AND FILES


1677]


and was ordered to bring in an inventory to the next Ipswich court.


Henry Goold was appointed administrator of the estate of Abraham Warr, deceased, with Phillip Fowler as surety, and was ordered to bring in an inventory to the next Ipswich court .*


There being an inventoryt of the estate of Nathanll Michaell, who died intestate, presented to this court by Tho. Michell, administrator, amounting to 234li., court judged that although the estate may of right belong to the youngest children had by the mother now surviving, yet Mr. Thomas Michell, ad- ministrator, should have 34li .; Ezekiell, the eldest brother, 60li .; the daughter, viz., his sister Mary, 40li .; and the mother and other brother Steephen, 50li. each; the debts being paid first out of the whole estate, and the rest of the estate, accord- ing to proportion as above expressed.




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