USA > New York > Suffolk County > East Hampton > Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume I > Part 9
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EASTHAMATON June 5th 1657.
for the preventinge of our common of beinge overlaid with cattell it is therefore ordered by the 7 men yt noe man what ever shall take any cattell of any mans neither Directly nor Indirectly vnles it bee myltch cowes for his present comfort for mylk for his famyly or some oxen for his present comfort for labour & who ever shall transgres this law shalbe liable to paie 5s for the same.
LOOSE LEAF D .- These may Certifie all whome it may Con- cerne that myselfe beinge imployed by Mr Eaton & Mr Hop- kins to buy for them and their asosiates a sertaine tract of land on Long Iland of the Sachems and their asosiates whose
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land it was properly and by them sold to me for the abovesd : bounded as ffolloweth begininge at a percell of post and railes vpon hoggnecke wch post and railes the natives informed me was made formerly by Southampton men and soe to runne upon a strayght Line from sea to sea : North & South and from thence to the Easterne end of Napeake to the hie land of Mentaquit by virtue of wch purchase the Dutch were put by & prevented whoe intended to buy, the whole hogg necke by the English soe Caled but neither doe nor did I understand from the natives to my best Remembrance that Southampton bounds came farther Eastward than Mea Cockes. this is the truth as neere as I can remember.
pr mee THO: STANTON.
June 18th 1657.
A true Coppie pr mee BEN: PRICE, Recorder.
JULY 9 1657.
Book 2, page 157 .- Att a towne meeting. It was conclud- ed and agreed vpon that Mr James shall have his 50 lb by the year paid him in good merchadable pay as it will passe cur- rant to the merchant.
SEPTEMBER 15 1657.
Charles barnes entreth an action of slander against Samuell Parsons Roger Smith and John wolle for speches yt that ye said Charls saith is to his Defamation and slander.
This Action having been herd and tried by the 3 men in. Authoritie namly John Mulford Thomas Baker and John Hand and we find for the plaintife three pounds each of the 3 Defendants 20s apeece to be paid forthwith and all charge
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about the triall of ye action. the entring of ye action 2s war- ants for 7 persons 4s 2d for the trial 4s 6d
. BOOK 2, page 175 .- A true Inventory of the goods and Es- tate of Annanias Conkline taken this 5th Day of October 1657.
Imprimis. one Dwellinge house and one and twenty ackers of land. Item 2 cowes : 3 workinge oxen : 2 yearlings and one calfe. Item 4 goates : 7 swine. Item about 3 ackers of . wheate and about 2 ackers of Indian corne and one acker of pease wheat & selfe at the whom lott. Item 2 bedds & 2 boulsters & one Rugg, 2 Iron pots & one paier of pott hookes & one brasse kittle one brasse candelsticke 2 pewter dishes, one pewter pott & one pewter salt seller one Dripping pan Item 3 wooden bowles & 2 barrels one poundeinge tubb one churne one lininge wheele one chest one knedinge trough. Item one payer of Cobbirons one spit one payer of tonngs and one payer of hackes & one iron chaine & hookes for a yoke. Item one sithe & 2 gunes & one fellinge axe & one paier of forke tines and one payer of woll cardes. Item one carte &
wheeles and one stone hamer. Item 6 loade and a halfe of hay. The whole amounted to praised by Mr Robert Bond & William Mulford.
EASTHAMPTON October 6th 1657.
Book 2, page 148 .- At a Generall Court houlden October " 6th 57 it is ordered that The Court of Election shall for future time be houlden The 4 third Day of the month October.
It is ordered yt Richard Brookes shall looke to the pound & to have 1d a beast for every one that is lockt in.
OCTOBER 6th 1657.
Book 2, page 148 -John Mulford Thomas Baker & John
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Hand are chosen townesmen for execution of lawes and orders amonge vs & Thomas Tallmage chosen Secretarie & William Mullford chosen Constable for this ensueinge yere.
Charles Barnes have a 13 acre lott given him wthout mea- dow given him by this Court the Day & yere above writen.
EASTHAMPTON No 2th 1657.
BOOK 2, page 14S .-- William Hedges is by Joynt Consent of the Inhabitants of the towne frede from payeinge of Rates in respect of his owne pson he beinge infirme in his bodie by reson of some weaknes this act and fredome beinge according to an order established amonge vs.
for The prevention of Disorder in Courts or meetinges of the Towne by ppounding many thinges wch mnay tend to con- fusion in yt kind it is agreed by this Court yt noe man shall ppound any matter vnto the towne himselfe but shall make knowne his case vnto one of the townsmen yt soe by them it may bee Orderly ppounded vnto the towne & if not soe brought in accordinge to this order his case is to be cast out & not Regarded.
Goodman Chatfeild is chosen overseer of the high waies of this towne to looke to them & call forth men & Appoynt them for to mend the wayes yt are Defective accordinge to an order.
It is farther ordered yt Tho Chatfeild is chosen to vew the fences yt they be kept sufisient accordinge to law & he is to view every last weke in the month beginninge the last weeke in februarie next ensueinge & soe to hould on till the last weeke in October & to have for his paines as Goodman Conk- line hadd.
It is farther ordered yt the litle plaine shalbe at libertie to turne in cattell the 2 tuesday in October & the next plain to be cleare a weeke after & the Esterne plaine to be clear yt cattell may goe in a weeke after yt.
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Book 2, page 147 .- Josiah Stanborou plaintif have entred an action of the Case against John Hand Defendant.
No 7th 1657.
BOOK 2, page 140 .- Roberd Bond is Appoynted to cause men to goe forth to loke for whales for this present yeere.
EAST HAMPTON No 13th 1657.
BOOK 2, page 46 .- A true Coppie of the Deposition of Tho Baker.
This Depont testifieth yt to his knowledge his father in law Ralph Daiton had a coulte come of his mare wch had white feete & white about the face & walle eyes the most part of his couler beinge a light sorrell wch coulte he put in my whome lott to kepe sum time to weane: afterward I saw such A coulte in the pound wth both his eares cropt allsoe I saw him severall times and had it not bene yt he had another eare marke yn my fathers I should have tooke him to bee my fath- ers & I should have taken my oath yt it was his & Goodman foster came to our towne on him and I looked on his eares and it made me further to thinke it was my fathers horse.
pr me THO: TALLMAGE Sec.
A true Coppie of The Deposition of Joshuah Garlike.
This Depont Declareth yt there was a horse in Arther how- ells lot at the time when ould Mrs howell & John howells wife was att this towne this I Doe Testifie yt soe far as a man is able to know one beast from another yt that horse was . Goodman Daitons horse for I saw him wth Goodman Daitons man when he did suck and alsoe after the mare was dead I saw him in Goodman Daitons yard & farther this Depont saith not.
pr me THO TALLMAGE Sec.
1
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NOVEMBER 26 1657.
Book 2, page 52 -A true Coppie. John Hand beinge re- quired Testifie yt I have sumtime heard my Brother Stanbor- ow say yt Captaine Tappinge was to have all the land lieinge on ye out side of ye fence yt was as I vnderstode yt lay East- ward from his land soe far as ye land was laid out and pur- chast by either of ym & he to have all on ye other side by wch of ym soever it was purchast I have herd my brother as I remember speke as though the Captaine were slack to pay him for a parsell of ground wch he had but after some space of time I heard though I cannot certainly say by whom yt ye Captaine had offered him pay & he would not receive it thereuppon as I had opertunitie I asked him whie he did not receive his paie & put an end to the difference & his Answere was yt he expected to have ye land of ye Captaine yt was purchast of Mr smith wch he might have ye difference should bee ended this soe far as I remember is ye substance of wt I have here spoken though peradventer not ye verie words nor all yt I have heard only as I remember I heard my brother speake of a high way he was to have through the Captaines ground wch he had not. this taken before.
NOVEMBER 26 1657.
Also the wife of John hand deposed testifieth yt she heard her brother stanborough say yt he had sould ye Captaine Tap- pinge certaine land yt was Inclosed in his feild touching wch he Complained yt he could not get his paie alsoe afterward I heard him say yt ye Captaine & his sonn came & tould him yt he had brought him his money but he said he did not see ye money but sumthinge in a cloth wch he knew not but it might be wompam but he did not loke at yt to be a tender she alsoe saith yt she heard him speake of a high way yt he was to have through the Captains ground alsoe I have heard
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him say yt ye Captaine would have had him to take beefe but he did not like it at his price a truc Coppie taken before
John Hand Junior Testifieth wt is next above writen & al- soe yt his vncle Stanborough had receved 10s of Mrs Tap- pinge & yt ye Captaine owed him 55s all wch he the said John hand vnderstoode to bee the full price of the land. A true Coppie taken before
Charles Barnes Testifieth yt hee heard Mr Stanborough speake of 10s yt hee had received of Mrs Tappinge as part of the pay for ye land & yt there was more brought him but he did not looke at it as a tender, wch money hee vnderstoode to be for the land yt Mr Stanborough said he sould Captaine Tappinge. A true Coppie taken before
BOOK 2, page 175 .- An agreement made the 27th of No- vember 1657 betwene Mr Thomas Baker and Mr John Mul- ford and John Hand wth the Consent of the Church the one party and Jeremyar Conklin the Administrator of Annanias Concklin Deceased the other party in the behalfe of hester Concklin the Daughter of the sd Annanias Deceased as ffol- loweth that is to say that he the sd Jeremye Concklin should have 10£ out of her portion beinge 30£ she beinge younge for bringinge vp the sd Hester one yeare and an halfe and the rest of her portion to be in 4 cowes and beinge put out to the halfes, he to have the increase in case they did stand and if they did not then to alow that wch is reasonabell out of the principall for her bringinge vp till she were eight yeares old.
BOOK 2, page 174 .- Jeremiah his portion 2 oxen 18€ and he received for Hesters portion as ffolloweth
Imprinis one beed & boulster It 2 Iron potts It 1 payer of pott hookes It 1 brasse cettell It 1 brasse candelsticke It ? pewter platters It 1 pewter pott It 1 pewter saltseler It 3 wooden bowells It 1 chorne It 1 paier of cobirons & spit It 1 sithe one gun barrell It 4 cowes 20£ in all for Hesters por- tion 30£ 00d.
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Book 2, page 46 .- The testimony of Robert Daiton.
This Depont Testifieth that his father Ralfe Dayton had A Coult yt came of his mare yt hee had at Easthampton the Coult had a white face four white feete one not soe much whit as the rest I think it is the nere fore fote and walle eyes I held him when my father eare marked him a erop on the neare eare and two slitts on the far eare The slits were deeper yn hee cutt his other horses, and I saw this horse yt now Goodman ffoster hath and yt now is in Controversie : severall times and Could not Judge noe other but it was my fathers and had taken him vp for my fathers had it not beene but hee had severall eare marks my fathers Coult I haltered him and laid things on his back to tame him when hee was younge. taken Before vs John Mullford Thomas Baker. Novemb 30 1657.
A true Copie pr me THOMAS TALLMAGE Sec.
DECEMBER 26 1657.
Book 2, page 140 .- Steven Hand deposed testifieth yt as he went to Gorgica a fishing he saw Goodman Davises Hogs in Mr James his lot and hollowed and they ran away and as thay came home in the morning he and those that were with him saw the hogs at Thomas Chatfeilds lot or there abouts verie neere to Richard Brooks his lot and this was about the time yt Goodman brooks his Corne was rooted vp soe he saith yt ye next day or the next but one Goodwife brooks came to him where he was at plow and said yt her corne was rooted vp.
Beniamine Conkline deposed testifieth as he came home from Gorgica with Steven Hand and Isaak Hedges from fish- ing he saw goodman Davises hogs at thomas Chatfeilds lot which is next to goodman Brooks his lot at the same time when Goodman brooks his corne was rooted vp and deponent
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saith yt he went againe afterward and hunted them out and they swom over into gorgica neck and the same day being at worke on the plaine one of goodman davises boyes came to him and and he tould the boy of ye hogs but he would not looke after them for he said he came about other busines.
thes Depositions wer taken before vs John Mulford & John Hand.
JANUARIE the first 1657.
BOOK 2, page 78 .- It is ordered yt John Osburne is to have the high way Adioyninge to his house lott for to make vse of it for the space of 6 yeeres only he is to leave A foote way for people to pass to & fro for to goe into the neck & soe to the plaine as they have ocasion but if the myll should bee Re- moved to the Easterne plaine before 4 yeers be expired then the said John Osborne is to have allowance for what charge he have bene at in Respect of his not enioyinge of that land for the space of 4 yeeare.
JANUARIE 5th 1657.
BOOK 2, page 2 .- The true Intent of the former order con- serning swine & other cattell Doeing hurt in corne is this yt the swine or other cattell beinge found in the corne they shal- be liable to bee pounded & those yt have hurt Done have lib- ertie to Recover their loss of those yt are owners of the cat- tell & those yt owneth the cattell have libertie to Recover their loss of such psons yt owneth the fence where the cattell came in being found not suffisient acording to law : & it is farther ordered that the ptie that have hurt Done by any cat- tell in his corne he shall have libertie to chuse one man to veiw the Dammage & the ptie yt owneth the cattell trespass- ing shall chuse another man to Judge what hurt is Done & if
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the tresspasing ptie Refuseth to chuse one ptie acording to this order yn the ptie tresspased have libertie to take 2 men to veiw his Damage & the tresspasinge ptie shall pay what ever those pties shall Judge meete.
BOOK 2, page 154 .- Willm Edwards & Willm Barnes hath entred an action of Tresspas vppon the case against Thomas Tomsin to bee tried Januarie Sth 1657.
The verditt of the Jurie in the case betwene Willm Ed- wards & Willm Barnes plaintiff & Thomas Tomsin Defendant The Jurie fines for the plaintiff 20 bushell Indian corne & the Court charges.
The names vnder writen are added vnto our Combination William Hedges John Miller Jeremiah Vale Roberd Deighton George Miller John Kirtland Roger R Smiths marke Nathanel foster Stephen S Hands marke Andrew Miller Stephen 2 Os- burnes marke Richard Shaw .- [Jeremiah Vale and John Kirt- land are crossed in original. Signatures.)
EAST HAMPTON Januarie 8 1667.
BOOK 2, page 79 .- John Wooley plaintiff have entred an action vppon the case for Defamation against the wife of John Hand Defendant.
The verdit of the Jurie is they fine for the plaintiff 10s Dammage & Court charges.
The Depositions for the plaintif in the case before mention- ed taken in the Court before John Mullford & Thomas Baker the Day & yeere above writen
Goodwif Garlike Declareth yt Goodwife Hand tould her yt John Wolley mocked or Jeared Mrs Gardiner & yt John Wol- ley tould it to Mary Miller.
Goodwife vaile Testifieth yt which Goodwife Garlik Doth
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as she remembreth & yt she replied take noe heede to him for he will mock his ffreind in a merry way.
John Osborne Declareth yt Goodwife Hand said yt John wolley lookt over Arther howells shoulder when Mrs Gardiner spoke & Did after this maner bow wou & Rebeca Osborne testifieth the same vppon oth wth John Osborne.
Goodwife Simons Doth Declare yt she was sure yt John Wolley was not in the rome when Mrs Gardiner spake to Mary & Arther about pomkin porrage neither Did he make mouths there for she did not see him nor heare him.
Arther howell Testifieth yt John Wolley was not in the rome when his mother spake about the pomkin porrage & yt hee Did not see any such carriage at any time: hee farther Declareth yt John Woley Did cume to the Dore in the entry & called to us to goe wth him after yt my mother had reprov- ed us about eating the pomkin porrage & at yt time Did not come into the rome: After yt mary & I had brought the corne into the chamber John Wolley & Arther came both in- to the parlour & lighted their pipes & after yt they had smoked Book 2, page 81.] it A while John Wolley went into the other rome & after yt he had bene out a while Arther went to eate wth mary the pomkin porrage: & yt Arthers mother Did reprove him & mary for eatinge the pomkin por- rage John being in the other rome at yt time when she did reprove vs A while after yt she had reproved us: John cometh into the entry to the parlour Dore & called to vs to goe wth him & wee went wth him & at yt time hee Did not come in- to yt rome:
pr me THOMAS TALLMAGE Sec.
The Defendant testimoney in the case formerly mentioned betwen John Wolley plt & the wife of John Hand Defend- ant.
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Charles Barne Declareth yt hee heard John wolley say in his father hands house yt hee came into yt rome to light his pipe where Mrs Gardiner & they were Discoursinge about the pomkin porrage.
John Hand Junior Deposed Declareth yt in Indian harvest time he was abroad one time wth Richard Bennet & hee heard Richard say that John Wolley did mock Mrs. Gardiner when she was scoulding or talking thick wth makinge A noise wth his mouth.
BOOK 2, page 80 .- Thomas Chatfeild Deposed Declareth yt John Wolley came to call Arther howell either to the entry or to the Dore.
pr me THOMAS TALLMAGE Sec.
BOOK 2, page 174 .- Know all men by these prsents yt I George Miller of Easthampton being Deputed by the authori- ty of the towne insteed of Jeremyah Conklin to be adminis- trator of the estate of my father in law Annanias Conklin De- ceased doe by these prsence bind myselfe my heyers execut- ors Administrators or assignes in the penall sume of sixty pounds well & truly to pay & discharge all ye Debts & lega- cies of my deceased father in law in convenient tyme and at such tymes as followeth and as are here prscribed, viz all the Debts forth wth to be satisfied & paid; And for ye legacies my brother Jeremiah haveinge his part already paid him, I doe firmly bind as above sd to pay to Cornelius Conklin the full sum of five pounds eighteene shillings and sixe pence vp- on the first Day of ffebr: in the yeare 1658: at or in my now dwelling house and to Beniamine Conklin 5£ 18s 6d vpon the first of ffebr: 1659: both these beinge the sonnes of Ananias Deceased. And further I bind my selfe to pay to John Rose five shillings forth wth, and to Thomas Rose twenty and fower
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shillings and 24s apeece to Samuell Rose Mary Rose & Jona. than Rose, but I George doe firmly promise and ingage yt if I have soe many lambs that I will then pay each of the fower last menconed a good ewe lamb upon the 29th of September wch shalbe in the yeare of our Lord Christ 1660 : further to pay to my wife beinge the Daughter of Ananias Deceneed five shillings upon the true & well performance of all & every of the prmises this obligacon to be voyd & of none effect els io stand & remaine in full power forceand virtue witnesse my hand this 29th of January 1657. The above sd George Mil- ler doth pmise that if there shall att any tyme hereafter ap- pere any more debts to be paid yt then the Administrator shall deduct it of from the sevrall legacies to Jonathan Rose beside what is above menconed as also the Charge of the au- thority about this case witnesse my hand.
signed and Delivered in the prsence of vs
John Miller, the marke of I Jane Mulford.
BOOK 2, page 173 .- The particulers yt George Miller Did administer on
Imprimis one house ane ond and twenty ackers of land It three ackers of wheat and two ackers of Corne It one acker of wheat pease and selfe in the home lott It one oxe Three yearlings one Calfe and ffower gotts It one bed and bolster & Rugg & one Dripping pan It two barrels & one powder- ing tub It one linnen wheele one cheire one kneedinge
trough It one pair of tongs and hokes one chaine and yokes hookes It one paier of woll cards and Sixe load and a halfe of hay It one younge steere.
BOOK 2, page 157 .- A true Coppie of the Testimony of
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Barnard Collins & Thomas Osborne taken before John Mull- ford & John Hand februarie the 9 57 at Easthampton. This Deponants Declareth yt he being present wth Henrie Peirson and Arther howell when they were talking about a Coult in Difference betwen Henrie Person and Richard How- ell yt he herd Henrie Peirson ask arther howell whether he Did not say yt his brothers Coult was a black Coult as black as Jeat & Arther answered yt he Denied it but I said it was a black Coult & soe it was further I heard Henrie peirson ask arther Howell whether it were a horse Coult or a mare Coult & arther said he Could not tell. Thomas Osborne Deposed testifieth the same wch Barnard Collins have as abovesaid
taken by me THOMAS TALLMAGE Sec.
BOOK 2, page 52 .- Easthampton A true Coppie of The testimoney of Thomas Baker & John Mullford februarie 16th 1657.
Thease Deponts Declareth yt there beinge Discourse be- twene Josiah Stanborow and John Hand about some obliga- tion yt Mr Stonborow had wch he presented to John Hand Desired him yt hee would owne it as his owne act wch John Hand said it was possible it myght be his but it beinge soe long out of his owne hand hee could not tell but hee did thinke it myght bee his and Mr Stanborow Requiringe of John Hand to have the obligation Recorded in our Towne his Answer was hee neither could nor would hinder him, and farther John Hand said yt if that wrightinge were burnt hee would give him what securitie Reasonable men would thinke meete. Thease Depositions taken vppon oath eatch before other be- inge both in Authoritie.
JOHN MULLFORD & THOMAS BAKER.
pr me Thomas Tallmage Sec.
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EASTHAMPTON februarie: 18th 57.
BOOK 2, page 54 .- Mary Barnes Deposed Declareth yt one Day when Mr Wells and Goodman Peck of New haven cam about the busines of the land Mr Josiah Stanborow came to my fathers house and said that there was a messenger from the lord protecter come that would make him set his hand to the writinge my father said he would not vntill he had rese' ved the rest of the pay and the aforesaid Josiah Stan- borow answered yt himselfe had a better part to come but yet he must set his hand to it and though you have thirtie pound I have more and yet I Dare Doe noe other it would bee a very Dishonest part if I should not.
Taken vppon oath before vs
JOHN MULLFORD THOMAS BAKER.
An action entred the 18 of februarie. 57 betwene John Hand plaintiff & Josiah Stanborow Defendant in an Action of the Case vppon Demand.
The verdict of the Jurie in the action or case before men- tioned is they fine for the plaintife 2d damage and the Court charges: yt Mr Stanborow is to put John Hand into the same state whereby he may Recover what is yet Due to him if any bee as he was before Mr Stanborow was made his Attureny. The plaintif Declareth yt he haveinge formerly Imployed Josiah Stanborow to be his true and lawfull Atturney for the sale of A certaine Interest of land wch he had in England and to give an Account thereof the plaintif haveing now Demand . ed an Account he refuseth to Doe it and although he hath : Declared before witnes yt he hath Revoked his Aturnyshipp and will Act no more in the premises yet denieth him the writinges conserninge the premises nor yet soe much as Cop- pies of them and allsoe threatneth to bereave him of what is
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yet remaininge of the estate for which cause the plaintif Doth at this time Appeale to this Court for Justice.
The Testimony of John Mulford and Thomas Backer given in Court februarie: 18 57
Thease Deponants Declareth yt at John Mulfords house haveinge some writinges shewed yt did conserne Mr Stanbor- ow & John Hand Mr Stanborow was unwillinge yt John hand should have the writinges in his hands to make use of them yet he myght looke on ym in another mans hand but not to medle wth them because they should not be blotted nor obliterated nor any way Defaced : John Mulford farther declareth yt at his house Mr Stanborow and John hand was agred to goe to Thomas Bakers house and have the writinges entred into the towne Books but when they came to Good- man Bakers house the matter was not pformed nor should not be Done for Mr Stanborow would not yeild unto it vnles John hand would owne those writinges to bee his: wch acception was not made at my house when they aggrede to goe to Good- man Bakers house to enter the writinges into the towne booke wch thinge is owned by Mr Stanborow in the Court.
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