USA > Maine > York County > Province and court records of Maine > Part 11
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81
COURT OF GENERAL SESSIONS, 2 JANUARY 1721/22
sd Daniel Green give bonds for his Appearance at the Next Sessions to Answer what Shall be objected ag'st him on his Maj'tys behalfe & for his good behaviour in the mean time
Jos. Hammond J. Pac's
Vera Copia Exam'd Jos Hammond J: Pac's
[2] [The recognizance: Personally appeared before Joseph Hammond, 16 December 1721, Daniel Green, Stephen Toby and Thomas Hanscom "all of Kittery." Bond was set at ten pounds. Recognizance, that Daniel Green will appear at the next Sessions of the Peace "to Answer what Shall be objected against him on his Maj'tys behalfe for Appearing armed with his gun & threatning to Shoot Stephen Field of Kittery."]
[3. Copy of testimony taken before Justice Hammond 16 Dec'r 1721]
Stephen Tobey Saith that hearing a noyes at Daniel Greens Wednesday night last [he] went over to Inquire into the matter. Daniel Green told him Stephen Field had been there and he was afraid of his life sd Green had his gun with him. The Depona't asked sd Green to leave his gunn but he would not Saying these words following I Sware I will Shoot Stephen Field and afterward heard sd Green Say at John Rogers his house the Same and that he would Shoot Field as Soon as he would an Indian If he did by him as he did the Night before
Taken upon Oath Dec'r 16th 1721 Before
Jos Hammond J. Pac's.
Vera Copia Exam'd Jos Hammond J. Pac's.
Abra'm. Cross Saith that Wednesday night Last being the 13th of Dec'r Insta't he heard Daniel Green Say at John Rogers his house that he would Shoot Stephen Field through the heart John Remick being present replyed he had better Shoot him in the Leggs Green replyed No I sware I'le Shoot him through the heart sd Green haveing his gun then with him. John Rogers Testifyes the Same only doth not remember the word Sware
Taken upon Oath this 16th Dec'r 1721 Before Jos. Hammond J Pac's Vera Copia Exam'd Jos Hammond J: Pac's]
Order'd that The Town of Scarborough Send One grand Jurior the Next year.
[7:42]
Presentments Made to this Court by the grand Inquest are as Fol- loweth Vizt:
We present Rebecca Donnall for Fornication for haveing a black Child-York
Berwick, we present Gabrael Hamblton & his now wife for Fornica- tion
We present Eliz'a Spinny28 for Fornication
We present Peter Whittom for Cursing
We present John Furbish for Cursing
We present Sam'l Littlefeild of Wells for Swareing
DANIL SIMPSON Foreman
28 Spinney, Wittum, and Furbush were all of Kittery.
82
PROVINCE AND COURT RECORDS OF MAINE
ANNO REGNI REGIS GEORGII OCTAVO
At a Court of Gen'l Sessions of the peace holden at York for & within the county of York. April 3'd 1722. Pres't John Wheelwright, Charles Frost, Abraham Preble, Jo's Hammond & Jo's Hill Esq'rs
Imprimis:
Danil Simpson Foreman
Benj'a Gold
Micum Mackentier
Cap't Sam'l Wheelwright
John Watt
Javes Doreman
James Sampson
David Libby Jun'r
Jon'a. Stone
Joseph Gellison
Dodivah Curttice
Danil Emery Jun'r
John Sharpe
The grand Inquest for the year Ensueing being Sworn are as follow'th vizt.
Imprimis Caleb Kimble Foreman
Moses Stephens
Nathen Rayns
Rich'd Stimpson
Sam'l Savery
Sam'l Milbery
Danil Furbish Jun'r
Rich'd Nason
Danil Varnum
Thomas Hanscom
John Millaken
John Mackentier
Francis Pittegrove
Jo's Weeks
John Watson
Order'd that twenty two pounds Eighteen Shillings be pd out of the county Treasur'y to John Leighton Esq'r being the ballance of his Sheriffs acco't as by the particulars in the acco't on file Appears.
[Y.F. 1722, No. 3] [The Sheriff's account; April 1722]
[From April 20th 1721 to April 3d 1722 The County of York Dr to John Leighton Sheriff of sd County for sending Proclamations for a fast at 3d per mile 1: 0: 0
To Sending warrants for Jury men for the Superior Court :12: 0
May 10th for Sending precepts for Representatives 2: 0 -0
To Making out Warrants to Each Town
0:18 -0
To Sending Laws & vols of the House of Representatives 1:10 -0
July 5th for a fast ditto
1:00 -0
27th for Sending Precpts for Representatives 2:00 -0
to makeing out warrants to Each Town
0:18 -0-
To Sending the Provence Tax to the Select men 1-00 -0
to Sending warrants to the Constables for the Provence Tax 1-00 -0
83
COURT OF GENERAL SESSIONS, 3 APRIL 1722
October 5th for Sending Laws to Each
Town 1-10 -0
25 for a Thanksgiveing Procla'm Expressed 1-00 -0
December 14th for Sending Laws to Each Town 1-10 -0
18th for Proroging the General Court 1-00 -0
January 13th ditto for the General Court 1-00 -0
[no item] 3-00 -0
Prison Salery-prison Keeper 2-00 -0
£22-18 -0]
Thomas Hutchings appearing to answer his presentm't for not At- tending the Publick worship of god being thereof convict'd Its con- sidered by the Court that he pay a fine to the Use of the poor of the Town of Berwick of Twenty Shillings & Fees of Court 12 & Stands comitt'd.
[7:43]
Thomas Newman being brought to this Court by a writ of Scire Facias to Shew cause if any he had wherefore a warr'tt of Distress Should not Issue forth against him on his maj'tys behalf, for that where- as he was bound over to July court last as per his recognizance &c in the Sum of five pounds by John Penhallow Esq'r one of his Majesties Justices of the peace for sd county: and by the Sd Newmans request who then appeared: & by his request New bonds given in the penal Sum of Ten pounds for his appearance to Octob'r Court then follow- ing: he being then call'd & not appearing: It was then considered that his bond should be declared forfiet'd, Except he Should com into January Court following & take his Tryall, w'ch he did not. He Shewing no Sufficient reason to this Court for his not appearing Ordered that a warr't of distress Issue out of the Clerks Office ag'st the Sd Thomas Newman for the Sum of five pounds money forfieted to his Majesty & that he pay fees of Court: 49s & Stands comitt'd.
[Y.F. 1722, No. 3]
[The papers in this case are torn, which is perhaps to be expected. They were sent back and forth from Georgetown to York, perhaps several times. They were apparently en- closed in a sheet folded to make an envelope, on the outer fold of which appears the superscription:]
On His Maj'tys Service To The Honourable The Judges of the Inferiour Sessions of the Peace to be Holden in York the 4th of July Next
84
PROVINCE AND COURT RECORDS OF MAINE
[1] York Ss To the Sheriff his Under Sheriff or Deputy of Said County or to Either of the Constables of the Town of George Town Greeting
[Seal] Whereas Sam'l Denny, Jabez Utter, Sam'l Pike, Benj. Wright and Jon'a Preble all of George Town aforesaid were this day commanded by Me the Subscriber in His Majesties Name to take Tho: Newman of George Town aforesaid & carry & Set [him] in the Stocks for his rudeness and Abuzes who in my Presence & to My face neglected and refused to Obey, These are therefore to require You in his Maj'tys Name to Appre- hend the said Thos: Newman, Sam'l Denny, Sam'l Pike, Benj: Wright, Jabez Utter & Jon'a Preble if found in your Precinct and them Safely keep So that they may be had before Me John Penhallow Esq'r. at my Dwelling House forth with to answer their Contempt and be proceeded against as the Law directs. hereof fail not at your Peril. Dated in George town June 24th: 1722 In the Seventh Year of His Majestys Reign.
John Penhallow
George Town June the 26th 1722. By Vertue of the within Warrant I have Apprehended the Within named Persons and have them in Custody Except Benj Wright who is a Soldier & ordered by his Officers to return to his Post
James Hall
Cons. of G. Town Verte
[On the reverse: Penhallow has recorded here his proceedings against the men.]
The Warr't being Read Each Person was ordered to pay their fines &cta: or be Set in the Stocks. Except Newman, who was bound to the Sessions as below. Upon w'ch Jona: Preble pd his fine & Charges & was there upon Discharg'd. The Other three appealed to the Sessions
[There follows a notation of the recognizances of Utter, Denny, and Pike in £5 each. Sureties were Thomas Salter and Thomas Clark. After that came the recognizance of Thomas Newman, Salter and Clark serving also as his sureties.]
[At the bottom of the sheet:]
Charges in Guarding
[Illeg.] 1s day Each
2
Clarke & Salter 1 day Oliver 1
2
Hogg & Ferguson 1 night
2
Col Mr Smith 1 night
2
Constable 2
His Attendance 3
Warr't & Serving
2
£ -16-
Fines According to the Degree & Circumstances of each mans offence
Pike - 5s his pt: of the charges 4
Utter 10s charges 4
Preble 5s his charges 4
Denny 20s charge 4
16[s]
fines £2
[Total] £2:16
[2. An incomplete (torn) letter from John Penhallow to the Judges of the York Court.]
Georgetown June 26: 1721
85
COURT OF GENERAL SESSIONS, 3 APRIL 1722
Gent:
This Serves to inclose 4 recognizances of our Peoples for their appearance at the Sessions in the County of York, to be holden in York the 4th of July Next.
Newmans offence is briefly Set forth in the Warr't (by Calling it only his rudeness & Abuses).
I shall abbreviate the relation of the Matter as much as Can be. Newman Demanded of me after his Usual way of Insolence a Copy of Shortwells Compl't Agst him as also Trescots Evidence, wich I told him Should be done though I Could not that Minute attend it. I asked him what he would do with Part of the Copys, telling him I thought it would be of no Service to him without the whole, who replyed, what is that to you, if I pay you for'em I will [rest of page missing. On the reverse, the story picks up as follows:]
. . . they Consulted together (According to Mr. Prebles relation of the matter) to Save their fines, to go & put Newman in the Stocks & to bear him Company & all of 'em geting into the Stocks together, they Shouted in a Contemptuous manner & Sat there a minute or two, & then went their ways & so Defyed me doing anything with them, where upon I was obliged to Call 'em to Act for their Contempt, & herewith you have my proceed- ings. I have Born a Great Deal of this People & particularly w'th: this Newman, who destroys by his Contentions & making Partys Every thing that is intended for the Good of the Town. I hope you will Consider of the matter; as the thing is, I must throw up my Commission or be Strengthen'd in the Just Execution of the office. His Abuses & reflections was not only at me but upon the Gov'r & Government, by Saying, Who the Devil, or what Devil gave me my Power to Set him in the Stocks &ct:
[Rest of page missing.]
[3. Writ of scire facias for Newman, and for Richard Coller and Nathaniel Donnell, his sureties. Summary of the facts: Newman appeared in July (1721) Court, and recognized to come in October. In October, he requested a continuance to the January Court, which continuance was granted. He defaulted then, however, and his recognizance is therefore here forfeited. This writ dated 19 January 1721-22, was drawn and signed by William Pepperrell.]
[The returns on the reverse:]
[Benjamin Larrabee, on Feb. 16, returns that he has summoned Richard Coller, but that Newman and Donnell are not to be found in his precinct. John Leighton, the Sheriff, returns [no date] that "Tho newman & Nath'll Duniel have been Sumoned by e."
Sheriff's fees came to twenty shillings.]
John Goodwin of Berwick in our county aforesaid being Brought to this Court by a writ of Scire Facias to Shew cause if any he had where- fore a warr'tt of Distress Should not Issue forth against him on his Maj'tys behalfe for the forfeiture of his Recognizance of one hundred pounds Curr'tt money payable unto us our heirs & Successors with Condition that the Sd John Goodwin Should personally appear before our Justices at our Court of Gen'l Sessions of the peace holden at York in our county of York upon the first Tuesday of January Last & their to be Examin'd touching the Stealing & conveying away certain parcell of goods: &c, the Recognizance being taken by Joseph Hammond Esq'r one of his Majesties Justices of the peace for Sd county; the Sd Good-
86
PROVINCE AND COURT RECORDS OF MAINE
win at Sd January court did not appear; he appearing at this Court and Shew'd reason for his Non appeareance at Sd Court w'ch was accept'd, and being Exam'd relateing to the premises & nothing appearing Suffi- cient to convict him, Its considered by the court he pay Fees of Court, 38s 6 & be acquited.
[William More's "bagg" of goods brought trouble to others, as well as to himself. The constable, Samuel Hodsden, had a busy Christmas day. He had to turn over to Jacob Redington the seized pack or "portmantle," and Redington clearly chose badly in locking it up in Philip Hubbard's house, in a room with a trapdoor to the "seller." Several people spent a merry Christmas going over the "bagg" in Daniel Stone's house.]
[Y.F. 1722, No. 1]
[1] York Ss. To the Sheriff of the County of York his under Sheriff or Deputy or Constable of the Town of barwick or to any or Either of them Greeting.
Whereas a Certaine bagg or pack of goods belonging to Wm More a Pedler or Pettey Chapman was on Monday the 25th of Dec'r Instant Seiz'd and Secured by order of Law and Committed by the Constable of barwick to Jacob Redington of sd Barwick Since vizt Some time the Same day or the Evening following Some Ill Disposed persons have Stolen and Conveyed away the greater part of sd goods and sd Redington Informs the Constable as he Saith that that his house or room where sd goods was Secured was broken open &ca.
These are therefore to require you in his Maj'tys Name forth with to make Diligent Serch in all Suspicious houses or places within your precinct for any goods which you Suspect did belong to sd More and if in your Serch you find any Such goods to take the Same and Secure it in your Custody and the person or persons with whom you find the Same or Other wise Suspect to Seize and bring forthwith before me to be Ex- amined Touching the premises and further proceeded against according to Law and all his Maj'tys Subjects are to aid you. Herein fayle not at your perrill Given under my hand and Seal this 26th day of Dec'r in the Eighth year of his Maj'tys Reign Annoque Domini 1721.
Jos Hammond J Pacis
You are also to Summon Jacob Redington & Elizabeth his wife, Patience Hubord and Mary Davis, Daniel Stone, Sarah his wife and John Goodwin of sd Berwick to appear at the Same time to Testyfie the truth of what they know relating to the premises
Vera Copia Exam'd Jos Hammond J: Pacis Jos: Hammond J Pacis [Reverse:] York Ss. Pursuant to the within warr't to me Directed I have made Search as within Directed and find None of the goods within Mentioned. I have also Summoned all the persons within Named Except Patience Hubord who I could not find
Vera Copia Exam'd Jos Hammond J: Pacis Sam'll Hodsdon Constable
[2] Jacob Redington being Sworn Saith that he had a Large pack of goods Comitted to him the 25th of Dec'r Instant which was Siez'd by Saml Hodsdon Constable of Berwick which pack he put into a room in Phillip Hubords house and lockt up but being at the Same time Summoned as an Evidence against one Wm More who Owned sd Pack he left the Key with his wife but upon his return the Same Night found the greater part of sd goods in bulk gone out of sd Pack and that he knows not who Convey'd it away but Saith there was a Trap door from sd room into the Seller open
Taken the 27th Dec'r 1721 Before Joseph Hammond J Pac Vera Copia Exam'd J Hammond J: Pacis
87
COURT OF GENERAL SESSIONS, 3 APRIL 1722
[3] Eliz'a Redington being Sworn Saith that on Monday Last there was a Pack at Phillip Hubords house which was brought there by Wm More Siez'd by Sam'l Hodsden Con- stable of Berwick and it was put into a room in the house of Phillip Hubord & the door was Lockt & her husband gave her the key & went away & the Night following return'd againe and that She knows nothing Directly or Indirectly of any person or persons handling sd Pack or anything in it or removing or disposing of it and that She knows nothing of any person being in the room Except herselfe from the time her husband went away untill he return'd
Taken the 27th Dec'r 1721
Before Jos Hammond J. Pacis
Vera Copia Exam'd Jos Hammond J Pacis
[4] Mary Davis Sworn Saith that She was on Monday Last at Phillip Hubords house in Berwick Soon after Constable Hodsden had been there & Siez'd Some goods & was gone. She Stayed there with Eliz'a Redington about two hours and went away againe & came againe in the Evening and lodged w'th sd Redington till her husband Came and then rose & went home with her Child, that She knows nothing Directly or Indirectly of the Conveying away sd goods or pack
Taken the 27th Dec'r 1721
Before Jos Hammond J: Pac
Vera Copia Exam'd Jos Hammond J Pac
[5] Daniel Stone being Sworn Saith that he knows nothing Directly or Indirectly of Any goods, pack or portmantle removed from Phillip Hubords house or Any other or Carryed into Any other house in Berwick Since Thirsday Last and that he knows nothing of the Conveying away any goods from sd Hubbords which was reputed to be Wm Mores nor never Saw any Elsewhere
Taken Dec'r 27th 1721 Before Jos Hammond J Pacis
Vera Copia Exam'd Jos Hammond J: Pacis
Sarah the wife of Daniel Stone Sworn Saith that She Saw a Portmantle which was reputed to be Wm. Mores on Monday last in the Evening At sd Daniel Stones house She likewise Saw the Same the Latter part of the Same night in the Same house and that Wm More was there the Latter part of the night And She Saw the portmantle with him open & Saw goods in it And She Saw it not Since. She Also Saw in sd Stones house a piece of Camlet Tuesday Morning Last And heard sd More Say he had a piece of Stuff there which she presumes to be the Same it being between the uper & under bed in sd Stones house or under both on the Cord which is Since removed from thence She knows not by whom nor where.
Taken the 27th Dec'r 1721
Before Jos Hammond J Pacis
Vera Copia Exam'd Jos Hammond J: Pacis
[6] John Goodwin being Sworn Saith that on Monday last after the Constable had Siez'd Some goods at Phillip Hubords he Saw at the house of Daniel Stone of Berwick a Portmantle and that Daniel Stone was then in the house with him. Being asked if he knew how it Came there Answered he was not to Sware against himselfe. [B]eing asked if he knew of any that was Privy to or Assisting in Conveying sd Portmantle he answered No Excepting himselfe
Taken the 27th Dec'r 1722. Before Jos Hammond J: Pacis
Vera Copia Exam'd Jos: Hammond J: Pacis
[7] York Ss. Dec'r 27th 1722
Whereas Mr. Sam'l Hodsden Constable of Berwick haveing by a Warrant from me the Subscriber one of his Maj'tys Justices of the Peace for sd County on Monday the 25th Instant Siez'd a Certain Bagg or pack of goods belonging to Wm More a Pedler or petty Chapman, And Comitted them to Jacob Redington of sd Berwick which sd
88
PROVINCE AND COURT RECORDS OF MAINE
goods the Greater part of them Some time the Same day or Evening following were Stolen & Conveyed Away.
Upon Information & request of sd Constable on Tuesday the 26th Instant I Issued out a warrant to Serch for sd goods and Summoned Sundry Evidences before me, in Examining of whom I find Vehement Cause to Suspect that Daniel Stone & Sarah his wife & John Goodwin all of Berwick in the County aforesd were knowing of & Assist- ing in the Conveying away & Concealing sd Goods
Its Therefore Considered that the sd Daniel Stone and Sarah his wife And John Goodwin be Committed till they find Bail for their Appearance at the next Court of Gen'l Sessions of the peace to be holden at York for sd County on the first Tuesday in January Next, to be further Examined Touching the premisses And further pro- ceeded Against According to Law
Vera Copia Exam'd Jos Hammond J. Pacis
Jos Hammond
[8. Hammond's copy of the recognizance and bail in the amount of one hundred pounds entered into by John Goodwin; Philip Hubbard and John Hubbard were sureties.]
[9. Hammond's copy of the recognizance and bail in the amount of one hundred pounds, entered into by Daniel Stone and Sarah his wife. John and Philip Hubbard are named again in the first paragraph as sureties.]
[10] York Ss George by the grace of God of Great Brittain France & Ireland, King, [Seal] Defend'r of the faith &c
To the Sheriff or Marshall of our sd county of York his und'r Sheriff or Deputy, Greeting-
Whereas John Goodwin, Phillip Hubbord & John Hubbord all of Berwick in our county aforesd before Jo's Hammond Esquire one of our Justices on the 27th day of Dec'r in the Eighth year of our Reign did Enter into Recognizance in the Penall Sum of One hundred pounds currant money payable unto us our heirs & Successors, with Condition that the sd John Goodwin should personally appear before our Justices at our Court of Gen'l Sessions of the peace holden at York in our county of York upon the first Tuesday in Jannuary Last past & their to be Examined Touching the Stealing & convey[ing] away a certain parcell of goods. Yet not withstanding the sd John Good- win did make Default & did not appear at sd Jannuary Court whereby his sd recog- niscence is forfieted.
We therefore command You that you make known unto the sd John Goodwin, Phillip Hubbord & John Hubbord That they be before our Justices of our Court of Gen'l Sessions of the peace to be holden within & for our sd county of York upon the first Tuesday in april Next to Shew Cause if aney they have wherefore we ought not to have our Exicution or warrant of distress ags't them . .. for the forfeiture of sd Recogniscence & further to do & receive that w'ch our sd Court shall then Consider and have there then this writ with your doings therein, hereof fail not.
Witness John Wheelwright Esq'r at York the 19th day of Jannuary in the Eighth Year of our Reign Annoque Domini: 1721/22
Wm Pepperrell Cler
[Reverse:]
York Ss. February the 5th 1721-2
Pursuant to the within writ to [me] Direct
I have Notyfyed the persons within named [illeg.] to appear at Cort
by William Leighton Dep't Sherif]
Sarah Hasam of Berwick in our county afores'd appearing to an-
89
COURT OF GENERAL SESSIONS, 3 APRIL 1722
swer her presentm't for Fornication She appearing own'd the fact & say'th that Benj'a Hasam her now husb'd was the father of Sd Child. Its considered by the court that She recieve Seven strips upon her Nak'd back at the post & pay Fees of Court 12s or that She pay a fine to the King of 30s & Fees as afores'd & Stands Comitt'd.
Benj'a Hasam appearing to answer to his being Accused of being guilty of Fornication w'th his now wife Sarah Hasam he appearing Own'd the fact. Its considered by the court that he receive Seven Strips upon his nak'd back at the post & pay Fees of Court 6s Or that he pay a fine to the King of 30s & Fees as afores'd & Stands Comitt'd.
[7:44]
Nich'o. Cane of York in our Sd. county Appearing to answer his Presentment for being Drunk: & being thereof convicted. Its considered by the Court that he pay a fine to the Use of the poor of the Town of York of five Shillings & Fees of Court 7s & Stands comit'd.
Sam'l Littlefeild of Wells in our Sd. county appearing to answer his presentment for profaine Swearing & being thereof convicted Its con- sider'd by the court that he pay a fine to the Use of the poor of the Town of Wells of five Shillings & Fees of Court 7s. & Stands Comitt'd.
Peter Wittom appearing to answer his presentm't for cursing & being thereof convict'd, Its considered by the court that he pay a fine to the Use of the poor of the Town of Kittery of five Shillings & Fees of court 7s. & Stands convict'd.
Ordered that a warr't Issue out to the Sheriff or his Deputy to Apre- hend & Secure Daniel Grant so that he be had at the Next Sessions to answer for his repeated contempt of Authority & for his former presentm'ts.
Paul Williams appearing to answer for his being Drunk & cursing in the time of the Seting of the Last Court, & being thereof convicted. Its considered by the court that he pay a fine to the Use of the poor of the Town of Kittery of 10s & Fees of Court 7s & Stands Comitt'd.
Persu't to an order of the Gen'l sessions of the peace for sd. county in Janu'a Last Judith Hamblton Appeared before Charls Frost Esq'r One of his Maj'tys Justices of the peace for sd. county & She being convict'd of the Act of Fornication her Sent'ce was vizt. that She receive Seven Strips upon her nak'd back at the post & pay Fees of Court: 5s. or that She pay a fine to the King of Thirty Shillings & Fees as afores'd & Stands comitt'd.
Paul Williams appearing to answer his presentm't for cursing & be-
90
PROVINCE AND COURT RECORDS OF MAINE
ing thereof convict'd Its considered by the Court that he pay a fine to the Use of the poor of the Town of Kittery of five Shillings & Fees of Court 9s.
Whereas there was a warr't from this court Direct'd to Humphrey Dearing late constable of Arrundel for the aprehending & Secureing Abig'l Morgan the wife of Rich'd Morgan of Sd. Town of Arrundel so that She might have ben had at this court to answer to her Unseemly carage w'th James Campble the Sd. constable being Neglent [sic.] in his Duty & makeing no return of his sd. warr't. Order'd that a warr't Issue out to the Sheriff or his Deputy to apprehend the Sd. Humphry Dearing & the Sd. Abigal Morgan so that they may be had at the Next Sessions to answer to the Sd. Premises.
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