USA > New York > Ulster County > Kingston > The Dutch records of Kingston, Ulser County, New York (Esopus, Wildwyck, Swanenburgh, Kingston) 1658-1684 > Part 8
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Whereas, there is not a full Bench, plaintiff requests a revision or that defendant give security for arrears.
TIERCK CLASZEN DE WITT,
ALBERT GYSBERTSEN, (x) his mark.
Tjirick Classen de Wit, plaintiff, vs. Barent Gerritsen, defend- ant.
The Court resolves not to decide between parties at present, because only the Schout and one Commissary occupy the bench, but the parties must have their papers ready at the next session, when the matter will be taken up.
Claes Louwrence, plaintiff, vs. Walleraven duMont, defend- ant. Plaintiff asks why defendant attached his money. Defend- ant answers, because plaintiff hired a man-servant at the Mana- thans, and on his arrival here he hired him out to another, and thereby made a profit of fifty-two gldrs., in zeewant, and six schepels of wheat. Plaintiff answers that he is entitled to it for his expenses in relation to the servant, and for his trouble.
The Court, having heard the parties, finds that said servant voluntarily hired himself out to Tjerck Classen de Wit, pursuant to a contract made between both, and decrees that, as Tjerck Classen wants to keep the servant, and pays him higher wages than those at which Claes engaged him at the Manathans, Tjerck Classen shall pay Claes Laurence personally the expenses he incurred, or, other- wise, make him a voluntary present, at the option of the last hirer, but Tjerck Classen shall not deduct said money from the servant's wages, and the servant, in accordance with his contract of employ. ment, shall then complete his term.
Ordinary Session, held Tuesday, May 22, 1663.
69
THE DUTCH RECORDS OF KINGSTON.
1663]
Present : The Schout; Evert Pels, Albert Gysbertsen, Tirick Classen de Wit.
Copy.
The Director General and Council of New Netherland having received and read the nomination made and delivered by the Schout and Commissaries of the village of Wildtwyck, in the Esopus, have selected and confirmed Thomas Chambers and Gysbert van Im- burgh at the said place, in place of those retiring.
Done at Fort Amsterdam, in New Netherland, April 5, 1663.
In conformity with the written instructions, the Court requir- ed the newly appointed Commissaries to take the oath, which was administered by the Court, in the usual manner.
Tirick Classen deWit, plaintiff. vs. Barent Gerritsen, defend- ant. Default.
Barent Gerritsen, plaintiff, vs. Pieter Jacobsen, defendant. De- fault.
Mathys Roelofsen, plaintiff, vs. Christiaen Nissen, defendant. Plaintiff presents a certificate, and states that the Sergeant seized some merchandise belonging to him. Under examination, he admits he concealed some lead and wool at the Ronduyt, with the permis- sion of the soldiers quartered there. Hereupon the Sergeant an- swers, "I don't want to have the Ronduyt turned into a home for you sutlers and suckers of this place, and don't intend to give up the goods until the arrival of the Lord General."
The Court, having heard both parties, orders the 'Sergeant to return plaintiff's merchandise, provided that, if any contraband goods be found thereunder, defendant shall deposit the same with the Court, and further that he shall require his soldiers not to tolerate any sutlers there but to give information of them to the Court which will deal with them as is proper. Pending the arrival of the Noble Lord General, the contraband goods shall remain in custody.
Hendrick Jochemsen, plaintiff, vs. Geertuyt Andrissen, defend- ant. Plaintiff demands payment of the amount of -- due on an obligation made by Jacob Jansen Stol, deceased. Defendant re- quests time to examine her husband's books, for which purpose the
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THE DUTCH RECORDS OF KINGSTON.
[1663
Court allows her fourteen days, and parties are ordered to com- pare their accounts and inform the Court.
Domine Hermanus Blom requests the Court that care be taken to have the remaining debt on the parsonage paid, and especially that the money for which he has become surety be collected, as he experiences much trouble on its account, adding, "Otherwise we shall put a stop to it." And he especially recommends the Magistrates to take better care than heretofore of his salary.
The Court resolves to summon the retiring Commissaries to ap- pear before it and render an account of receipts and disburse- ments for the building of the parsonage, for the benefit of those having claims against the same, and to notify each of them, as some bills have already been sent in and presented to the Court. They are ordered to appear on May 25, 1663, at the house of Thomas Chambers. A
Ordinary Session, held at Wildtwyck, June 5, 1663.
Present: The Schout; Albert Gysbertsen, Tjrick Classen de- Wit, Thomas Chambers, Gysbert van Imbrogh.
Tjirick Classen de Wit, plaintiff, vs. Barent Gerritsen, defend- ant. Plaintiff demands, under a power of attorney from Jan Ever- sen, payment of the amount of seventy-four gldrs., in beavers, and fourteen schepels good winter wheat, and forty-four gldrs., in zee- want. Defendant admits owing the amount claimed, as per obli- gation, due January 1, 1662.
The Court, having heard the parties, finds, from the obligation, that defendant must pay plaintiff the amount claimed but, as plain- tiff still demands payment of one hundred and sixteen gldrs., in beavers, for expenses incurred, the Court, at the request of defend- ant, refers the matter of the expenses to two impartial people.
The Schout, plaintiff, vs. Jan Jansen van Oosterhout, defend- ant. Default.
Barent Gerritsen, plaintiff, vs. Pieter Cornelissen, defendant. Plaintiff demands an amount of thirty-five schepels of wheat. De- fendant admits owing thirty-four and one-half schepels. The Court orders him to pay.
.
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THE DUTCH RECORDS OF KINGSTON.
1663]
Gerrit Voken, plaintiff, vs. Cornelis Barense Slecht, defendant. Plaintiff, through a document whereby Volckert Jansen and Jan Tomassen constitute themselves plaintiffs, presents to the Court a petition against Cornelis Barense Slecht, who is summoned by plaintiff before this Court. Plaintiffs demand restitution of a mare, because it was impounded by the defendant. Upon testimony given by Pieter Jacobsen that, to the best of his knowledge, the horse was driven and chased away, and in consequence thereof dicd, plain- tiffs now conclude and demand that defendant shall be ordered to indemnify them for the said mare, and to pay all costs of suit.
In defense, Cornelis Barense Slecht, the defendant, presents a certificate by Adriaen Gerritsen van Vliet and Hermen Hendrick- sen who attest, at his request, that they saw him about three hours before nightfall drive six horses away from his land, on an easy trot.
The Court, having heard the parties and examined the papers, orders plaintiff's to adduce clearer and fuller proof.
The Schout, plaintiff, vs. Pieter van Halen, defendant. De- fault.
A majority of the Commissaries resolve that the Court shall not sit again until there are four or five cases. If necessary for the convenience of the residents, it will sit every week. The rea- son of this is because, in the absence of a Village or City Hall, the rent for the room can not be met.
(x) [ALBERT GYSBERTSEN], TIERCK CLASZEN DE WITT, GYSBERT VAN IMBROCHI.
[The preceding minutes, except one entry, as noted, are all in the handwriting of Roeloof Swartwout, Schout. The following are in that of Mattheus Capito, Secretary.]
Ordinary Session, held Tuesday, July 24, 1663.
Present: The Noble Lord Johan de Decker; Roelof Swart- wout, Schout; Albert Gysbertsen, Tjerck Classen de Wit, Thomas Chambers, Gysbert van Imbroch, Commissaries. .
Albert Gysbertsen, plaintiff, vs. Aert Martensen Doorn, de- fendant.
72
THE DUTCH RECORDS OF KINGSTON.
[1663
Albert Gysbertsen says that defendant caused plaintiff's pig to be killed, and presents a certificate to this effect. Defendant an- swers that he does not know whether it was plaintiff's pig, and offers to pay the owner therefor.
The Commissaries, having heard defendant's confession, order him to deposit with the Court the quantity of six schepels of wheat, for the benefit of him who shall be found to be the lawful owner, or otherwise the Court will dispose of it is it may see fit.
Tjerck Classen deWit, plaintiff, vs. Evert Pels, defendant. Default.
The Schout, in place of the Noble Lord Johan de Decker, plain- tiff, vs. Tryntje, wife of Cornelissen Barentsen Slecht, defendant. Plaintiff says that defendant called the Noble Lord de Decker a blood sucker.
Defendant does not deny she spoke evilly of the Noble Lord de Decker, but says she spoke while depressed and discouraged be- cause of the many misfortunes that had befallen her through the savages, and adds that she feels sorry for having slandered him.
The Commissaries, having heard the confession and regrets of defendant, prefer mercy to the severeity of justice, and order her to pay a fine of twenty-five gldrs., in zeewant, for the benefit of the church.
Ordinary Session, held Tuesday, September 18, 1663.
Present: Roelof Swartwout, Schout; Tjerck Classen de Wit, Albert Gysbertsen, Thomas Chambers, Gysbert van Imbroch, Com- missaries.
Roelof Swartwout, plaintiff, vs. Aert Martensen Dorn, defend- ant. Default.
Same, vs. Hendrick Cornelissen Slecht, defendant. Default.
Same, vs. Pieter Bruynsen; defendant. Default.
Same, vs. Cornelis Bransten Vos, defendant. Default.
Same, vs. Hendrick Aertsen, defendant. Default.
Same, vs. Jacob Joosten, defendant. The plaintiff demands from defendant the amount of twenty-five gldrs. fine, for the first offense, and fifty gldrs. fine for the second, for violating the ordin- ance dated August 4, 1663.
1
:
1
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THE DUTCH RECORDS OF KINGSTON.
1663]
Defendant replies by asking whether he is not permitted to support his family.
The Court, having heard the demand of the aforesaid Schout, and the defence of the defendant, orders defendant to settle with the Schout for the fine due, within eight days, or on default then to expect the judgment of this court.
Same, vs. Harmen Hendericks,
defendant.
Default.
Same, vs. Ariaen Huyberts,
do.
do.
Same, vs. Henderick Jochemsen,
do.
do.
Same, vs. Willem Aertsen,
do. do.
Same, vs. Jan Broersen,
do.
do.
Same, vs. Jacob Barents Cool,
do.
do.
Same vs. Antoni Crupel,
do.
do.
Same, vs. Henderick Hendericksen,
do.
do.
Same, vs. Jan Jansen van Oosterhout,
do.
do.
Same, vs. Jacob Jansen Stoutenborch,
do.
do.
Same, vs. Jacob Janse de lange,
do.
do.
Same, vs. Aert Jacobs,
do.
do.
Same, vs. Gerret Aertsen,
do.
do.
Same, vs. Evert Prys,
do.
do.
Same, vs. Jan Willemsen,
do.
do.
Same, vs. Teunis Jacobsen,
do.
do.
Same, vs. Warnaer Hoorenbeeck,
do.
do.
Same vs. Jan Gerritsen,
do.
do.
Same, vs. Ariaen Gerritsen,
do.
do.
Same, vs. Mattys Roelofsen,
do.
do.
The plaintiff, Roelof Swartwout, Schout, presents to the Court a certificate, dated June 5, 1663, stating that the defendant, Mat- thys Roelofsen, sold brandy to the savages, according to the testi- mony of the savages themselves.
The Commissaries order defendant, pursuant to his offer, to reply to the certificate at the next session of the Court.
Hester Douwesen appears before this Court and demands seven schepels of wheat which Hey Olfertsen, deceased, owed her. The Court, having heard her, proposes to administer the property of the deceased here in Wildwyck and then pay her and the other creditors.
74
THE DUTCH RECORDS OF KINGSTON.
[1663
This Court resolves, in obedience to a previous request of the Captain Lieutenant and Council of War, to renew and replace the fallen and damaged palisades around the village, next Wednesday, September 26, with the assistance of all the inhabitants of this place, none excepted, under a penalty of twelve gldrs. for non compliance.
The Court further resolves that it will administer the prop- erty of persons who were killed during the troubles of June 7 last, leaving no relatives. Their names are: Willem Jansen Seba, ser- vant; Henderick Jansen Looman, brewer's helper; Dirrick Willem- sen, inhabitant.
The Court appoints as administrators, Albert Gysbertsen and Tjerck Classen de Wit, both Commissaries, with orders to immedi- ately inventory all the property of said deceased, and to administer the same until further order, or claims by nearest relatives or creditors.
Inventory, September 18, 1663, taken at Wildwyck, at the house of Juriaen Westphael, in the presence of the Schout, Roelof Swartwout, and two Commissaries, Albert Gysbertsen and Tjerck Classen de Wit, of the property left by Hendrick Looman, found to be as follows :
1 gelding,
1 large brewing kettle, -- tuns,
1 sword and belt.
1 trunk without key, wherein was found
1 letter case containing letters, and a note book with memo- randa of outstanding debts and accounts,
1 old gray suit,
1 old gray colored pair of breeches,
1 new gray suit,
2 pair of black woolen stockings,
1 new black hat and hat box,
1 bar lead,
4 small pieces of Haarlem cloth,
1 clothes brush,
1 trunk,
2 cravata,
3 handkerchiefs,
75
THE DUTCH RECORDS OF KINGSTON.
1663]
1 package containing about a pound of lead,
1 wagon frame, with iron tires.
Ordinary Session, held Tuesday, October 9, 1663.
Present: Roelof Swartwout, Schout; Albert Gysbertsen, Tjerck Classen de Wit, Gysbert van Imborch.
The Schout, Roelof Swartwout, requests the Court to pro- nounce judgment against those whom he had summoned to appear, but who did not come before this Court and were in default.
Roelof Swartwout, Schout, plaintiff, vs. Aert Mertensen Doorn. Second default.
Same, vs. Jan Hendericksen, defendant. Second default. Same, vs. Warnaer Hoorenbeeck, defendant. Second default. Same, vs. Ariaen Gerretsen van Vliet. Second default.
Same, vs. Henderick Cornelissen Slecht. Second default.
Plaintiff demands that there be imposed, in accordance with the ordinance dated August 4, last, a fine of twenty-five gldrs., for the first offense, and fifty gldrs., for the second, for violating said ordinance that no one should go out to mow, without the consent of the Captain Lieutenant and a sufficient convoy.
Cornelis Barentsen Slecht, representing his son Hendrick Cor- nelissen Slecht, answers that he is not obliged to comply therewith, saying, "Let me appear before the Court having jurisdiction, the Supreme Council. I have nothing to say till then."
The Commissaries, having heard the reply of Cornelis Barent- sen Slecht, order him to pay the above named fine, since he does not acknowledge the Inferior Court of Justice here as having juris- diction, and appeals to the Supreme Council.
Cornelis Barentsen Slecht, standing before the Court and be- ing requested to render an account of the estate of William Jansen Seba, deceased, a demand therefor having been made of him by the curators and trustees of said estate, September 18, last, answers that he is not obliged to render an account of this matter to this Court, he having once delivered an obligation to the aforesaid William Jansen Seba.
The Schout thereupon asks the Court that Cornelis Barentsen Slecht be compelled to render to it an account of the above named
.
76
THE DUTCH RECORDS OF KINGSTON.
[1663
estate of William Jansen Seba, deceased, in the interest of the cura- tors appointed for that purpose, because said obligation has not been and cannot be found by the curators among the effects of the deceased. The Court, pursuant to the Schout's request, orders and directs Cornelis Barentse Slecht to render, at its next session, a statement of the account between him and the said Wiliam Jansen Seba, deceased, so that debits and credits may be adjusted in the proper and customary manner.
After the above was read to him, Cornelis Barentsen Slecht said that he is not inclined henceforth to render an account to this Court.
The Court, having seen and heard Cornelis Barentsen Slecht's unreasonableness in opposing the Court of Justice of this place, orders him to be confined in the house of the Schout, Roelof Swart- wout, who, for this purpose, is directed to put him under arrest and so keep him until he is ready to render said account.
Having been informed by Schout Swartwout, in the presence of the Court here, that he should repair to the appointed place of confinement, Cornelis Barentsen Slecht answered that the Schout would have to fetch him with two officers and that he would not voluntarily come, and defied him in the matter. For the threat aforesaid, the Schout requests the Court to be permitted to lock said Slecht up; whereupon the Court, having heard the request, directs him to have said Slecht confined in the guard house.
Roelof Swartwout, Schout, plaintiff, vs. Pieter Bruynsen, Hen- derick Aertsen, Ariaen Roose, Jan Roose, Willem Aertsen, Cornelis Brantsen Vos, Jacob Joosten, Ariaen Huybertsen, Harmen Hen- dericksen, defendants.
Plaintiff demands of the above mentioned defendant fines for violating the ordinance dated August 4, last, that no one should venture out to mow without consent and a proper convoy, the fines being,
For Pieter Bruynsen, 25 gldrs.
" Henderick Aertsen,
75
" Ariaen Roose,
25
" Jan Rose, 75
" Willem Aertsen,
75
77
THE DUTCH RECORDS OF KINGSTON.
1663]
" Cornelis Brantsen,
75
" Jacob Joosten, 75
" Harmen Hendericksen, 75
" Ariaen Huybertsen,
75
Cornelis Barentsen, on behalf of his farm hands above named, answers that they are not guilty and that they are not disposed to pay the fine, but that the matter must be heard and decided by the judge having jurisdiction, and requests copy thereof.
Cornelis Barentsen Slecht's reply having been heard, the Court here decides it has jurisdiction, and orders the above defendants to pay the fines in full to the plaintiff.
Roelof Swartwout, Schout, plaintiff, vs. Henderick Jochemsen, defendant. Second default.
Plaintiff demands judgment. The Court allows defendant a third default.
Roelof Swartwout, Schout, plaintiff, vs. Jan Gerritsen, Antony Crupel, Henderick Hendericksen, Jacob Stoutenborch, defendants. Plaintiff demands from the aforesaid defendants fines due for violation of the ordinance dated August 4, that no one should ven- ture out to mow, without consent and a proper convoy, the fines amounting,
For Jan Gerritsen, to 75 gldrs.
Antoni Crupel, " 75 -
Henderick Hendericksen, “ 75
Jacob Stoutenborch, " 25
Juriaen Westphael, representing the above named defendants who were in his employ, says he is not disposed to pay any fine herein, as the promises given him were not fulfilled at mowing time. Plaintiff requests judgment herein.
The Commissaries, having heard plaintiff's demand and the answer of defendants' representative, order defendants to pay the full fine to plaintiff, because their representative's day had been extended through rain and other causes, and the next day, when the weather was favorable, no work was done, yet at a time when, un- der the general agreement of the community, he ought to have as- sisted other farmers with his people, he had, notwithstanding the ordinance, had his work continued without giving notice to the Council of War and this Court.
78
THE DUTCH RECORDS OF KINGSTON.
[1663
The curators or overseers of the estate of the late Henderick Looman request that Jeuriaen Westphael render an account of the property of the said Henderick Looman. He answers he will not render such account.
This Court orders Juriaen Westphael to make a declaration, and extends his time to do so until its next session.
And whereas, defendant offers to make proof that there was no other property of the aforesaid Looman than is shown by the above mentioned inventory, the same will be received by the Court, otherwise the Court stands by the foregoing decision.
Roelof Swartwout, Schout, plaintiff, vs. Jan Broersen, defend- ant. Second default.
Plaintiff demands a fine of seventy-five gldrs., and requests judgment. The Court allows defendant a third default.
Roelof Swartwout, Schout, plaintiff, vs. Jacob Barentsen Cool, defendant. Second default. Plaintiff demands a fine of twenty- five gldrs. and requests judgment. The Court allows defendant a third default.
Roelof Swartwout, Schout, plaintiff, vs. Jacob Jansen van Oosterhout, defendant. Second default. Plaintiff demands a fine of seventy-five guilders., and requests judgment. The Court allows defendant a third default.
Roelof Swartwout, Schout, plaintiff, vs. Jacob Jansen de lange [the long], defendant. Second default. Plaintiff demands a fine of seventy-five gldrs., and requests judgment. The Court allows defendant a third default.
Lucas Hendricks, plaintiff, vs. Jan Simonsen, defendant. De- fault.
Roelof Swartwout, Schout, plaintiff, vs. Jan Willemsen and Teunis Jacobsen, defendants. Plaintiff demands from the first named defendant, Jan Willemsen, twenty-five gldrs., and from Teu- nis Jacobsen, twenty-five gldrs., due for violation of the ordinance dated August 4, last, that no one should venture out to mow with- out consent and a proper convoy.
Defendants answer that they are not liable for the payment of a fine herein and await a decision and order of the Court hereupon.
The Court orders defendants to pay the full amount of the fine to the plaintiff.
79
THE DUTCH RECORDS OF KINGSTON.
1663]
Roelof Swartwout, Schout, plaintiff, vs. Aert Jacobsen and Gerrit Aertsen, his son, Aert Jacobsen's daughter, Aert Jacobsen's servant, Andries, defendants. Plaintiff demands from the aforesaid defendants, for their violation of the ordinance dated August 4, last, that no one should venture out to mow without consent and a proper convoy, a fine,
From Aert Jacobsen, of 75 gldrs.
Gerrit Aertsen,
“ 75 "
Aert Jacobsen's daughter, " 25
Andries, his man, " 25
Defendants answer they are not liable for the payment of the above fines, and request copy of the judgment.
The Court orders defendants to pay plaintiff the full amount of the fines.
Roelof Swartwout, Schout, plaintiff, vs. Aert Jacobsen, de- fendant. Plaintiff complains to this Court that defendant said that the Lord God would some time avenge himself upon the Lords who are here on the bench.
Defendant does not deny having said so, and the Commissar- ies Albert Gysbertsen and Gysbert van Imborch also confirm that they heard him say so, once at the house of Schout Roelof Swart- out, and once at the bridge.
The Court of this place orders defendant to submit, at its next session, his reasons for saying that revenge should be called down upon it.
Roelof Swartwout, Schout, plaintiff, vs. Aert Jacobsen, de- fendant. Plaintiff accuses defendant of being a desecrater of the Sabbath, he having on that day taken a load of beer to his house, for which plaintiff seized defendant's wagon and beer, and that, not- withstanding the seizure, the defendant fetched the wagon and beer to his house.
Defendant denies having attempted to take a wagon load of beer home on a Sabbath or Sunday, but offers to prove that the Sabbath had expired.
The Court allows defendant time until the next session of the Court to prove the above.
Roelof Swartwout, Schout, plaintiff, vs. Evert Prys.
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THE DUTCH RECORDS OF KINGSTON.
[1663
Plaintiff demands from defendant a fine of twenty-five gldrs. for violating the ordinance dated August 4, last. Defendant an- swers that he had the Captain's consent.
The Court orders defendant to submit proof, at the next ses- sion, that he had such consent.
Roelof Swartwout, Schout, plaintiff, vs. Jan Tyssen, defendant. Second default.
Roelof Swartwout, Schout, plaintiff, vs. Harmen Hendricksen, defendant. Second default.
Roelof Swartwout, Schout, plaintiff, vs. Magdalena, the wife of Harmen Hendericks. Plaintiff complains that he was hindered in his official duty, while apprehending Aeltje Claes. Defendant denies this, saying she is able to furnish better proof of the matter than has been given; that she only said, "Swartwout, why do you want to put this woman in prison? Why do you want to disgrace her ? She is neither a whore nor a thief, and there is a private place here from which she cannot run away."
The Court orders defendant at the next session to submit evi- dence which will clear her.
Eechtje Ariaens, plaintiff, vs. Christiaen Niessen romp, de- fendant. Default.
Roelof Swartwout, Schout, plaintiff, vs. Dirrick Hendericksen, defendant. Default.
Copy
Henderick Jochemsen and Juriaen Westphael, appearing this 9th day of October, 1663, at the Court room of the Honorable Court at Wildwyck, request, on behalf of Cornelis Barentsen Slecht, that the said Slecht be permitted to leave the guard house and go to his home in order the better to prepare the account between himself and Willem Jansen Seba, deceased. They offer themselves as sureties for the body of Cornelis Barentsen Slecht, each as principal, that, at the desire of the Honorable Court, he will return at once to his duly provided place of confinement. For which purpose they bind their persons and property, real and per- sonal, present and future, and to give this more force, have per- sonally subscribed hereto. Done at Wildwyck, the day, year and place above.
1
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THE DUTCH RECORDS OF KINGSTON.
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(Signed) Henderick Jochemsen. The mark (x) of Juriaen Westphael.
Agrees with the original. To which I certify.
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