USA > Pennsylvania > Colonial records of Pennsylvania, Vol. II > Part 59
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No. 1. The forfeiture of any sum not exceeding &£5 beyond suf- fering, as if the offence had been Done to a Christian, preferrs the Indians to the Queen's subjects.
It were better that this were omitted.
2. Make it as may tend to alienate the minds, &c.
3. Make it or naturalized in Great Brittain or this Govmt.
A Peticon of Richd. Mason was read, setting forth that there is a Certain old Road passing on various Courses through his land, to his Great Disadvantage, and yt there is another Road Running in or near a Right Line, partly on the Line of his Land, & partly thro' his Tract, wch. would be more Commodious for Passengers, and less Detrimental to him, & more Regular and nearer than the other, and prays leave to stop the old Road. Whereupon the premises being Considered, It is ordered that the Overseers of the High Way appear before the Board, & make their objections (if they have any,) to this Peticon, & also give notice to all persons whom it may more particularly Concern, to make their objections in like manner.
At a Council held at Philadia., the 14th of febry., 1710-11.
PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Joseph Growdon,
Thos. Story,
Jasper Yeates, Esq'rs.
Saml. Preston.
Esq'rs.
Griffith Owen,
The Amendments to the bill for the better Improving a Good Cor- respondence with the Indians, as Concluded on by the last Council, were now again Read, & were carried to the House by Jasper Yeats & Samll. Preston.
The Govr. laid before the board a paper he had received from the House of Representatives, which was read, & is as follows :
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The House agrees that three persons be Commissionated Justices of ye Supream Court, & any one to have power to act as by the Govr's. proposals, and the Chief Justice to have 30 shills. per Diem. & each other Justice 20 shills. per Diem.
The House insists that the time of the Common Pleas in Philadel- phia County stand as in the Bill.
The House Insists that the mean Process be such as by the Bill, with such Restrictions and amendments as are therein Exprest.
At a Council held at Philadia., the 15th of febry., 1710-11. PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Samuel Carpenter, Samll. Preston, - Esq'rs. Griffith Owen, Esq'rs. Antny. Palmer, Thos. Story,
Two members of the House, vizt : Thos. Stevenson & Isaac Taylor, waited upon the Govr. and Desired his answer to two or three bills now before him, And the following answer was Ordered to be sent thereto.
As to ye act for impowering Religious Societies, &c., to Dispose of Lands, &c.
The Govr. observing the great care of our ancestors in Great Brittain, obvious by the Laws & Statutes there, for the prevention of the Great hurt & Inconveniencies which had risen & might Rise from suffering of Communities or Religious Societies to assume to them- selves like powers or practices as proposed by this bill, is not willing at present to Concur in it, lest it should interfere with those Laws in a thing of so great Import, the Consequence whereof being yet to him Dubious and uncertain, thinks fitt to take some further time of Deliberacon and Enquiry touching the same.
To the act for Establishing the lower ferry on Schuylkill.
It being under Indifferent good Regulacon & Certainty as to its fees, and it being a question with the Govr., concerning the nature of them, and what right may belong to the Govrmt., as perquisits, Inclines to take further Deliberacon thereon.
To the act for Regulating p'ty. in Philadelphia, The Govr. assents to it.
The supply Bill, the Impost Bill, and the Bill for Collecting the arrears of former Taxes, were read & left to be Considered to morrow morning.
At a Council held at Philadia., the 16th of febry., 1710-11.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Samel Carpenter,
Samll. Preston,
Griffith Owen, Thos. Story,
Esq'rs. Antny. Palmer, Esq'rs.
529
PROVINCIAL COUNCIL.
Coll. French's accot. of his Journey to Conestogo, &c., were read & Considered, & £147, 6s., 10d., allowed to him, saving the Deduc- tions following, vizt : ffor horse hire and Baggage men in July, 1707, Charged in Govr. Evans acct., and paid him &12, 7s ; for horse hire & Baggage men in June, 1707, Charged in Govr. Evans acct. & paid him &5 ; for six pounds paid by the present Govr. to the bag- gage men in July, 1710, Charged in Coll. French's acct., in all De- ducted £27, 7s. ; so there remains Due to Coll. French, & which is allowed by the Board, 119, 19. 10.
The Govrs. acct. of Disbursements & Charges on his Journey to Conestogo, in July 1710, to treat with the five nations, amounts to £8, 10, which is allowed by the Council.
The supply bill was now again read & sent to ye House with amendmts. affixed to it.
At a Council held at Philadelphia, the 17th of febry., 1710-11. PRESENT :
The Honble. CHA. GOOKIN, Esqr., Ltt. Govr. Samuel Carpenter, Samll. Preston,
Griffith Owen, Esq'rs. Antny. Palmer,
Esq'rs.
Thos. Story,
The bill of fees, the Impost bill, the Bill for Collecting the arrears of former Taxes & the bill against the Exportation of Coin, were with some proposals of amendments or objections sent to the House.
At a Council held at Philadia., the 28th of febry., 1710-11. PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Samll. Carpenter,
Edwd. Shippen,
Griffith Owen, Esq'rs. Samll. Preston,
Thomas Story, Antny. Palmer,
Esq'rs.
The Assembly waited upon the Govr. with the several Bills Ingrossed, and Ready for passing into Laws, vizt : An act for Esta- blishing the Courts of Judicature in this Province ; An act for Regu- lating & Establishing fees ; An act for the acknowledgeing and Re- cording of Deeds ; An act Directing an affirmation to such who for Conscience sake Cannot take an oath ; An act that no Publick House or Inn wthin this Province be kept without License ; An act of Privileges to a freeman ; An act against Riotous Sports, Plays and Games; An act to prevent Disputes which hereafter may arise about the Dates of Conveyances & other Instruments and Writings; An act for Priority of Payment of Debts to the Inhabitants of this Pro- vince ; An act for the better Improving a Good Correspondence with the Indians ; An act for Regulating of Party Walls & buildings in Philadia .; An act impowering Commissioners to Compel the Col- lecting of all arrearages of former Taxes ; An act for Raising a Supply of two pence per pound & Eight shillings per head ; An Im-
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post act laying a Duty on negroes, Wine, Rum & other spirits, Sider & vessels ; The title of which said several bills being read by the Secry., were by the Govr. passed into Laws, and a Warrt. Immedi- ately Issued to the Keeper of the Great Seal, to affix the great seal thereunto, And the same were ordered to be Published at the Court House the next day, which was accordingly done.
At a Council held at Philadia., the 2d of March, 1710 -- 11. PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edward Shippen, Joseph Growdon,
Samll. Carpenter, Esq'rs. Tomas Story,
Griffith Owen,
Samll. Preston.
Esq'rs.
Humphrey Parker, Overseer of the High ways Within the Town- ship of Lower Doublin, pursuant to an order of this board of the 10th of febry. last, now Comes and Informs the board, that he has Com- municated the said Order to the Inhabitants Dwelling near where the new Road is Desired by Rich. Mason, who had nothing against the Road proposed, and upon the board's Examining the Truth of the said Petition, It is found that the proposed Road will be much better and more convenient for the Publick ; Therefore, the road as now proposed is and shall be hereafter accounted the Publick Road, and that the said Richd. Mason may stop up ye old Road, he first Clearing the new one.
At a Council held at Philadia., the 5th of March, 1710-11. PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edward Shippen,
Joseph Growdon,
Samll. Carpenter, Esq'rs. Samll. Preston, Esq'rs. Griffith Owen, Antny. Palmer.
Samll. Carpenter took his affirmacon for the faithful Discharge of the office of Public Treasurer of this Province, and then he acquainted the Board that he has in his hands ££78, 9, 41, old Currency, of that money of the Impost and Excise by act of Assembly, in the year 1705, made payable to the Ltt. Govr., and Craves the advice of the board how he shall be Discharged thereof, and the Board having Debated and Considered the same, are unanimously of opinion, that ye said money belongs to the Propry., and that he may safely pay the same into the hands of the Present Ltt. Govr., who will be accountable to the Propry. for the same, and he is hereby ordered to pay the same accordingly.
Samll. Preston & Antny. Palmer, Two of the members of this Board are Ordered to Inspect & Examine the Treasurers acct. al- lowed by the Assembly, the 16th of 12 month, 1710-11, And report how they find the same at the next Council.
,
531
PROVINCIAL COUNCIL.
At a Council held at Philadia., the 22d of March, 1710-11. PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Edwd. Shippen,
Richd. Hill, 6
Griffith Owen,
Samll. Preston,
Thos. Story, Esq'rs.
Antny. Palmer,
Esq'rs.
William Trent,
The Govr. having Commissionated several Persons of the Church of England to be Justices of the Peace and Common Pleas in this County, and some of them showing an Unwillingness to act, for that they dont think themselves safe in Giving Judgment in matters upon the attest as prescribed by the act lately past, Directing an affirma- tion to such who for Conscience sake Can't take an oath, It is there- fore ordered, that the attorney General give his opinion, Whether there may be any danger to the Justices in acting and Receiving Evidences in pursuant to that Law, and also his Reasons for his opinion thereupon.
At a Council held at Philadelphia, the 28th May, 1711.
PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr. Samll. Carpenter, Isaac Norris,
Griffith Owen, Esq'rs. Saml. Preston,
Richd. Hill, Antny. Palmer.
Esq'rs.
Peter Bezalion acquaints the Board that the Queen, & some of the Chiefs of the Conestogo Indians, desired him tell the Govr. that they would be glad to see him at Conestogo to renew the League formerly made betwixt them and the Propry., and that he would bring along with him some of the old Counsellours, vizt : Edward Shippen, Samuel Carpenter, Griffith Owen, Caleb Pusey, & who else he pleased, & that the Indians Desired some End may be made with the Shawanon Indians about the Death of Le Tore, and the Reason of their pressing the Govrs. presence at this time, is for that some of the Chief of the Council of the five nations are there, and they are of Opinion that his Coming now would be of service, But Coll. ffrench being Expected here in a Day or two, 'tis thought fitt to speak to him, to see if he knows any thing Concerning the matter before Resolutions of Going be taken.
At a Council held at Philadia., the 4th of June, 1711.
PRESENT : Ye Honble CHA. GOOKIN, Esqr., Lieut. Govr.
Edwd. Shippen, Griffith Owen,
Isaac Norris,
Thos. Story, Richd. Hill.
Esq'rs.
Antny. Palmer. Samll. Preston, L ? Esq'rs.
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MINUTES OF THE
The Govr. Desires the Opinion of the Board as to his going to Conestogo, for that Coll. French knew nothing of the matter ; Whereupon the Board are of opinion that the Govr., and some of the Council accordingly go, and that the Treasurer provide necessarys for the Journey.
At a Council held at Philadia, the 11th of June, 1711.
PRESENT :
The Honble. CHARLES GOOKIN, Esqr., Lt. Govr.
Samll. Carpenter, Griffith Owen,
Samll. ffinney,
Thomas Story,
Samll. Preston.
Joseph Growdon,
The Govr. acquaints the board that he is Ready to take his Jour- ney to Conestogo, if it be their opinion that Bizalion's message is of that Regard and Consequence as to go at this Juncture, the season being so Hott, and the board are of opinion that since the Govr. has given the Indians an Expectation of Coming, that it is necessary he should Go at this time, & that suitable provision be made by the Treasurer for his Journey.
At a Council held at Philadia., the 23d of June, 1711.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Joseph Growdon,
Richard Hill,
Griffith Owen,
Thos. Story, J Esq'rs. Samll. Preston.
Esq'rs.
The Govr. laid before the board the Queen's Letter, Dated at Stt. James, 21st February, 1710, Requiring him to meet Coll. Nichol- son, and the Govr. of New York, &c., at such place and time as shall be appointed to receive such Instructions as Relates to this Province concerning the expedition agst. the common Enemy, the ffrench Inhabiting North America, as also Coll. Hunter's letter, dated at New York ye 15th Inst., signifying that he intended immedi- ately for New London, to meet Coll. Nicholson, &c., where he would wait his coming with Impatience, and desires the advice of the board as to the Charge & Equippage of his Journey ; who are of opinion that one or two of the Govrs. perswasion in Religion, are fitter to attend him on this affair than any others, and hope the Govr. may prevail with some of them to go, and that the charge shall be the Publick's, and be paid by the Treasurer out of the Publick money.
The Govr. laid before the Board the minutes of his Conestogo Journey, which were read at the board, and are as follows :
Esq'rs.
Esq'rs.
Richard Hill,
533
PROVINCIAL COUNCIL.
At Conestoga, June 18th, 1711.
PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Joseph Growdon, r Richard Hill,
Griffith Owen, Caleb Pusey,
1 Esq'rs.
A present of 50 pounds of powder, 1 piece of Stroudwater, 1 piece of Dufils, 100 pounds of shott ; being laid upon ye floor, the Govr. (by Indian Harry, ye Interpreter,) thus spoke :
Govr. Penn upon all occasions is willing to show how great a Re- gard he bears to you therefore has sent this small present (a fore- runner of a greater to come next spring,) to you, and hath required me to acquaint you that he is about to settle some people upon the branches of Potowmack, and doubts not but the same mutual friend- ship which has all along as brothers, past betwixt the Inhabitants of this Governmt. and you, will also continue betwixt you and those he is about to settle ; He intends to present five belts of Wampum to the five nations, and one to you of Conestogo, and requires your friendship to the Palatines settled near Pequea.
To wch they answer :
That they are extreamly well pleased with the Govrs. speech, but as they are at present in Warr with the Toscororoes and other Indians, they think that place not safe for any Christians, and are affraid if any Damage should happen to these the blame will be laid upon them, that settlement being scituate betwixt them and those at Warr with them. As to the Palatines, they are in their opinion safely seated, but earnestly Desire that the Death of Letore may be now adjusted, for that they shall not think themselves safe till it is. 18th, Tuesday about Twelve.
The Senequois & Shawnois mett the Govr. and Council, Opes- sah, Chief of the Shawnois, by Martin Charteer, interpreter, thus spoke :
Were it possible for us, by presents or any other way, atone for the Lives of those men our young people unadvisedly slew we would be partly willing to make satisfaction, and such a Condescension would forever be greatfully remembered and more nearly Engage us, and for the future render us more carefull. The uneasiness we had on that account was such, that we Could not sleep until the Last time the Govr. and his people were up here, at which time we had some hopes Given us of adjusting that matter, since the murderers are all Dead save one, who is Gone to Messasippi.
To which the Govr. answer'd :
That the Laws of England were such, that whosoever Kill'd a man must run the same fate ; Yet Considering the Previous Circumstances to that murder, the length of time since the accon., the Distance of Place where acted from the Govmt., and before my Coming here, and the persons all save one (who is absconded) since his Dead, I am willing to forbear further prosecuon on Enquiry into it, but with all
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caution You that if any such thing hereafter falls out, you may be assured I shall as well know how to Do Justice as I have now shewed you mercy, ffor which they return the Govr. their heartly thanks, and Opessa assures that if hereafter any such thing should happen, he himself would be Executioner, & Burn them that should dare to Do it.
The Senequois acquaint :
That Opessa being thereto solicited by Jno. Hans Steelman, had sent out some of his People, either to bring back or Kill ffrancis De le Tore and his Company. Opessa, he affirms he was intirely Inno- cent, for that Jno. Hans Came to his Cabin, when he and his young people (who were then going a hunting,) were in Council, told him that some of his Slaves & Dogs (meaning le Tore & Company) were fled, therefore desired him forthwith to send some of his people to bring them back or Kill them, and take Goods for their Trouble, at which motion Opessa being surprized, told him that he ought by no means to Discourse, after that manner before young People who were gone to the Woods, and might by accident meet those people, and therefore ordered him to Desist, utterly Denying his Request.
The Senequois also acquainted the Govr. that Le Tore had taken a Boy from them and had sold him at New York, and Requested the Govr. would Enquire after him, that they might have him again.
At a Council held at Philadia., the 4th of July, 1711.
PRESENT.
The Honble. CHA. GOOKIN, Esqr., Ltt. Govr. Edward Shippen,
Richd. Hill,
Griffith Owen, Esq'rs.
Thos. Story,
Samll. Preston. Esq'rs.
The Govr. being just now Returned, aquaints the board that Coll. Hunter and Ltt. GenlI. Nicholson are returned from the Congress at New London to New York, Where he found them at his coming there, and he laid before the Board the Preamble of the Queen's Instruc- tions Relating to the Expedition agst. the Common Enemy, the ffrench Inhabiting North America, the Proceedings of the Council of Warr at New London, & some other papers Concerning the same, which were read, and then Govr. Desired the advice of the board as to the Calling the Assembly, and it was thought fitt that a summons should Issue forthwith from the Govr. to the Sherif, to summon them to meet the Govr. the ninth Inst.
At a Council held at Philadia., the 11th July 1711.
PRESENT :
The Honble. CHA. GOOKIN, Esqr., Ltt. Govr,
Samll. Carpenter, Griffith Owen, Thos. Story, J Esq'rs.
Jasper Yeats, Samll. Preston, Antny. Palmer.
1 Esq'rs.
535
PROVINCIAL COUNCIL.
The Assembly who were summoned by the Govrs. Special Warrt., to meet him the ninth Instant, being now Convened, Samuel Pres- ton, Anthony Palmer, two of the members of Council, were sent to that House of Representatives to acquaint them that the Council was sett, and the Govr. was ready to receive them ; whereupon, the House waited upon the Govr., and he made them the following speech :
I shall not trouble you with many words in ye Occasion of my Calling you together at this time, but Refer you to the Papers be- fore me.
In the Queen's manifest you'l find I believe, all that can be said to Engage you to promote her Majesties Designs against Canada ; You'l see that vast preparations made for that end, and the great forwardness of our northern neighbours to answer her Majesties Expectation from them.
I hope then you will not think yourselves unconcerned, but Cheer- fully Enable me to raise and support the Quota of men assigned for this Province, or Else that you would make an Equivalent.
If I am not misinformed, this Province has not yet made any ac- knowledgement to the Crown, suitable to the greatness of the favours they have received ; If so, Judge then yourselves what Cold Regards all your addresses home must meet with, Upon a failure of Duty on this Occasion.
I have not only to Desire you to give this matter the Dispatch the nature of it requires, for I cannot think of Entering on any other business with you till it is answered.
At a Council held at Philadia., the 20th of July, 1711. PRESENT :
Ye Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Samll. Carpenter,
Griffith Owen, Esq'rs.
Samll. Preston,
Antny. Palmer.
Esq'rs.
Thomas Story,
Two of the members of the House of Representatives waited upon the Govr. wth. the Bill Intituled an Act for Raising £2000 to the Queen's use, by a Tax of 52d. per pound, & 20 Shills. per head ; The Govr. told them they should hear from him presently, and the bill being perused.
Thos. Story & Samll. Preston were sent by the Govr. to the House with a proposal of an amendmt. to the Bill, that ye Effects raised by the said Tax shall be paid by the Treasurer as the Govr. shall direct and appoint.
At a Council held at Philadia., the 21st of July 1711.
PRESENT :
The Honble. CHA. GOOKIN, Esqr., Ltt. Govr.
Samll. Carpenter,
Griffith Owen,
Esq'rs.
Samll. Preston,
Thos. Story,
George Roche,
Esq'rs.
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MINUTES OF THE
Nathaniel Newlin & Nicholas Pyle, members of the House of Representatives, waited upon the Govr. with the bill as amended by the House, vizt :
That the £2000 shall be paid, with the Govrs. approbation ; which being Considd. at the Board, it was thought unreasonable the Govr. should be put upon to seek the money Raised here for the Queen's use out of another govmt., And to be so Crampt as that he Could not shew himself active in the Premises; Whereupon Dr. Owen and Saml. Preston, were sent with the bill to the House, with these amendments, vizt : That the money Raised by the said Bill should be paid to the Govr. for the Queen's use, or otherwise that such Part thereof as is Imploy'd by the Govr. for the Queen's service should be first Deducted.
POST MERIDIEM.
PRESENT :
Ye Honble CHARLES GOOKIN, Esqr., Ltt. Govr.
Samll. Carpenter,
Griffith Owen, Esq'rs.
Samll. Carpenter,
Thomas Story,
Antny. Palmer.
Esq'rs
The Govr. acquainted the Board that the House had returned him the bill as it was before, and that Mr. Trent, one of the members, told him they Could not agree to ye last amendment sent from this board ; Whereupon Saml. Carpenter, Thos. Story, & Samll. Preston, were order'd to Carry the following message to the House, Insisting that the money to be raised by said Bill should be paid by ye Govr. for the Queen's use, or that such Part thereof as shall be employed the Govr. for her Majesty's service shall be first Deducted.
To which message another was returned from ye House by Wm. Trent & Nicholas Pyle, together with the Bill signifying that the House could not agree to ye amendmt. last proposed by the Govr., & praying him that he would be pleased to Dispatch it, for the House were desirous to depart, & this was the only business before them ; and they were told they should receive an answer by a message from this board in ye afternoon, to wch it is adjourned.
The Govr having appointed the Petitioners against the New Road, lately laid out by order of this Board, to attend this Day, to shew Wherefore the said Road should not be Confirmed, the said Petition- ers come accordingly, but the Govr. being so taken up with the Assembly, He Could not Enter upon it, but acquainted them they should have new notice when they should attend it.
Robt. Assheton was thought fitt to be made a member of the Council Board, his Oath & other Qualifications were administered unto him accordingly by ye Govr.
Samll. Carpenter, Thomas Story & Samll. Preston, were sent in a message to the House with the Bill for raising £2000 to the Queen, with the Govrs. reasons why he could not agree to the said Bill as it is now Drawn, who returning report they had Delivered them ac- cordingly.
Isaac Norris & Nicholos Pyle, in a message from the House,
537
PROVINCIAL COUNCIL.
acquaint the Govr. that in as much as the House cannot as yet come to a Conclusion upon his last message, & the members are very un- easy on their being Detained thus long, they therefore incline to adjourn some days, and desire to know what time will best suit his Convenience that they should again attend him, to which the Govr. answer'd that the 26th instant might be as suitable time as any, for he should have time he hoped before that Day to take a turn to N. York to advise with Coll. Hunter there about it.
At a Council held at Philadia., the 1st of August, 1711. PRESENT :
The Honble CHA. GOOKIN, Esqr., Ltt. Govr.
Griffith Owen,
Isaac Norris,
Thomas Story, Esq'rs.
Robt. Assheton,
Esq'rs.
Richd. Hill,
The Govr. sent for Indian Harry, & Ord'd. him to fetch some of ye Chiefs of ye Indians, who were come down with a design to go to Canada. He brought six of ym., and the Govr. asked them by Harry, the Interpreter, How many there were intended for Canada. They answered, about 5 or 6 & Twenty. It was askt them why they did not make the best of their way to the five nations, pursuant to Coll. Hunter's Letter to them. They reply'd that Coll. French would have had them come by way of New Castle, and pro- mised to go along with them; but New Castle being out of their way, they came to Philadia., and expected him here. It was asked them whether they apprehended they were come here at the Govrs. request, or upon Coll. Hunter's Letter to them, as being under Cove- nants with the five nations to go to War, when they required them ; they answered they came in obedience to Coll. Hunter's Letter, but they expected Coll. French to go with them. They were told that Coll. ffrench might have such a Design, but he was off of it, & askt ym. whether they would go to Burlington by Land or water, where they would have company enough of the forces raised there to go along with them, to which they said they would further Consider amongst themselves.
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