USA > Pennsylvania > Colonial records of Pennsylvania, Vol. IV > Part 51
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VOL. IV .- 31.
482
MINUTES OF THE
At a Council held at Philadia., April 4th, 1741.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieut. Governor.
Samuel Preston,
Clement Plumsted, /
Samuel Hasell,
Ralph Assheton, Esqrs.
Thomas Griffitts,
The Minutes of the preceeding Council being read and approved,
The Governor inform'd the Board that for some time past he had thought it requisite to Issue new General Commissions of the Peace, for that by the Death of some and the Misbehaviour of Others it was now become highly necessary to supply and rectify the Magis- tracy of the Province, and more especially as he had lately received a Letter from Mr. John Penn, whereby it appeared he had received Information that the Court at Chester had set aside a man from the Jury for declining to take the affirmation, and insisting to be quali- fied as a Juror by Oath; and in which Letter Mr. Penn had strongly recommended to the Governor to appoint a Majority of such Magis- trates in every County as would not scruple to take or at least to Administer an Oath, that equal and impartial Justice might be done to all men ; That he had consider'd and inform'd himself, the best he could, of the most proper Persons to be Justices of the Peace for the several Counties, and proposed the following Gentlemen, viz *:
For Philadelphia County.
Clement Plumsted, Thomas Laurence, Samuel Hasel, Ralph Assheton, the Mayor of the City of Philadelphia for the time being, the Recorder of the City of Philadelphia for the Time being, Ed- ward Roberts, Richard Harrison, William Allen, George Boone, George Fitzwater, James Hamilton, William Till, Abraham Taylor, Jonathan Robeson, Owen Evan, of Limerick, Isaac Leech, Ben- jamin Shoemaker, Joseph Pæschal, Joshua Maddox, Robert Strettle, Griffith Lewellyn, and Derrick Keysar.
For Chester County.
Henry Pearce, Henry Hayes, Elisha Gatchel, John Crosby, Caleb Copland, William Moore, Abraham Emmet, Joseph Pennock, Jo. seph Brinton, William Pym, Joseph Bonsal, Joseph Parker, Wil- liam Webb, John Mather, Ralph Pyle, John Taylor, Job Rushton, Charles Grant, and the Chief Burgess of Chester for the Time being.
For the County of Bucks.
Joseph Kirkbride, Mathew Hughes, Lawrence Growdon, Benja- min Jones, Isaac Pennington, Simon Butler, John Wells, Ennion Williams, Nathaniel Irish, Mathew Rew, Richard Mitchel, Mark Watson, Richard Hough, Mathias Harvey, and the Chief Burgess of Bristol.
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For Lancaster County.
Thomas Edwards, Samuel Jones, Andrew Galbraith, Edward Smout, Samuel Smith of Conai, Emanuel Carpenter, Thomas Cook- son, John Kyle, James Armstrong, Samuel Smith of Coniwaga, Samuel Boyd, Andrew Douglas, Richard Ocaihan, John Hogg, Conrade Weyser, John Reynolds, James Whitehill of Salisbury, James Lewis of Talpahakin, and David Jones of Pequay.
And no Objection being made to any of these Gentlemen,
Ordered, That Blank Commissions be prepared by the Secretary in order to be filled up.
The Governor then recommended to the several Members present to consider of such other Persons as they might think fit to Act in the Magistracy, that their Names, if approved of, might be likewise inserted.
At a Council held at Philada., May 12th, 1741.
PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieu" Governor.
Samuel Preston, Clement Plumsted,
Thomas Laurence,
Samuel Hasell, Esqrs.
Ralph Assheton, Thomas Griffitts,
The Governor laid before the Board sundry Orders of his Ma- jesty in Council, relating to several Laws passed here, which were read & ordered to be inserted in the Minutes of this Board in the Order of their several Dates as follows, viz *:
"[L. s. ] At the Court of St. James', the 10th Day of March, 1739. "[P. C.] PRESENT :
"The King's most Excellent Majesty.
" Arch Bishop of Canterbury, Earl of Grantham,
" Lord President, Earl of Cholmondely,
" Lord Privy Seal, Earl Fitz Walter,
"Lord Steward, Lord Delaware,
" Lord Chamberlain, Lord Monson,
" Duke of Montagu, Lord Chief Justice Willes,
" Duke of Newcastle,
ST. Charles Wills.
" Whereas, in pursuance of the Powers granted to the Proprie- taries of ye Province of Pennsylvania by Letters Patent under the Great Seal, The Deputy Governor, Council, & Assembly of the said Province did in the year 1735 pass eight Acts, which have been transmitted, & are Entitled as follows, Vizt .:
""'AN ACT for the more easy & speedy recovery of small Debts.'
"'AN ACT for vesting the State House publick Buildings, with the Lots of Land whereon the same are erected, in Trustees for the Use of this Province.'
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MINUTES OF THE
"' A Supplement to the Laws for Laying out of Highways & Pub- lick Roads.'
"' AN ACT for regulating the retailing of Liquors near the Iron Works.'
"'AN ACT for confirming the Election of the Commissioners & Assessors for the County of Bucks,' &
"' AN ACT for the better enabling divers Inhabitants of the Pro- vince of Pennsylvania to hold Lands, and to invest them with the Priviledges of Natural Born Subjects of the sd. Province.'
"' AN ACT to prevent the Damages which may happen by firing of Woods.'
" ' AN ACT Entitled a Supplement to the several Acts of this Pro- vince for the Relief of the Poor.'
" His Majesty this Day took the said Acts into his Royal Con- sideration, & having received the Opinion of the Lords Commis- sioners for Trades and Plantations, and also of a Committee of the Lords of his Majestie's most Honourable Privy Council thereupon, is hereby pleased to declare His Approbation of the sd. Acts; and pursuant to his Majestie's Royal pleasure thereupon expressed, The said Acts are hereby Confirmed, finally Enacted, and Ratified ac- cordingly. Whereof the Deputy Governor, Council, & Assembly of the said Province, and all others whom it may concern, are to take Notice and Govern themselves accordingly.
"W. SHARPE." -
"[L. s.] At the. Court at S'. James', the 12th day of May, 1740.
"PRESENT :
" The King's most Excellent Majesty.
" Arch Bishop of Canterbury, Lord Sidney Beau Clerk,
" Lord Chancellor,
Viscount Lousdale,
" Lord President,
Viscount Torrington,
" Lord Privy Seal, Lord Harrington,
" Lord Steward, Lord Cornwallis,
" Lord Chamberlain, Lord Monson,
" Duke of Richmond, Mr. Speaker,
" Duke of Bolton, Mr. Chancellor of the Exchequer,
" Duke of Devonshire, Lord Chief Justice Willes.
" Duke of Rutland, ST. Charles Willes,
" Duke of Montagu, Henry Pelham, Esq".,
" Duke of Newcastle, Horatio Walpole, Esqr.,
" Earle of Pembroke,
" Earl of Grantham,
" Earl of Cholmondelay,
Sr. John Norris.
" Whereas, in pursuance of the Powers granted to the Proprietaries
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Stephen Poyntz, Esq',
Sr. William Yonge,
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PROVINCIAL COUNCIL.
of the Province of Pennsylvania by Letters Patent under the Great Seal, the Deputy Governor, Council, & Assembly of the said Pro- vince did in May, 1739, pass five Acts which have been transmitted, and are intitled as follows, Viz:
"4 ' AN Acr for the more easy & speedy recovery of small Debts.'
"' A Supplement to the Act for Electing Members of Assembly, &c."
"'AN ACT for the more effectual preserving the Credit of our Paper Money & recovering the Proprietary Quit-Rents.'
"'AN ACT for Reprinting, Exchanging, & Re-emitting all the Bills of Credit of this Province, and for Stricking the further Sum of £11,110 5 0, to be emitted upon Loans.'
"'AN Acr for the better enabling divers Inhabitants of the Pro- vince of Pennsylvania to Trade & hold Lands within the said Province.'
" His Majesty this Day took the said Acts into his Royal Con- sideration, and having received the Opinion of the Lord Commis- sioners for Trade and Plantations, and also of a Committee of the Lords of his Majestie's most Honourable Privy Council thereupon, Is hereby pleased to declare his Approbation of the said Acts; and pursuant to his Majestie's Royal Pleasure thereupon expressed, the said Acts are hereby Confirmed, finally Enacted, & Ratified accord- ingly. Whereof the Deputy, Governor, Council, & Assembly of the said Province, and all others whom it may concern, are to take Notice & Govern themselves accordingly.
"W. SHARPE."
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" [L. s.] At the Court at St. James', the 12th day of May, 1740. " PRESENT :
" The King's most Excellent Majesty.
" Arch Bishop of Canterbury,
Lord Sidney Beau Clerk,
Viscount Lousdale,
" Lord President,
Viscount Torrington,
" Lord Privy Seal,
Lord Harrington,
" Lord Steward,
Lord Cornwallis,
" Lord Chamberlain,
Lord Monson,
"Duke of Richmond,
Mr. Speaker,
" Duke of Bolton,
Mr. Chancellor of the Exchequer,
" Duke of Devonshire,
Lord Chief Justice Willes,
" Duke of Rutland,
ST. Charles Wills,
" Duke of Montagu, Henry Pelham, Esq".,
" Duke of Newcastle,
" Earl of Pembroke,
" Earl of Grantham,
" Earl of Cholmondelay,
Horatio Walpole, Esqr-,
Stephen Poyntz, Esq",
Sr. William Yonge,
ST. John Norris.
" Whereas, in pursuance of the Powers granted to the Proprie-
" Lord Chancellor,
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MINUTES OF THE
taries of the Province of Pennsylvania by Letters Patent under the Great Seal, the Deputy Governor, Council, & Assembly of the sd. Province, did in May, 1739, Pass an Act which have been trans- mitted, & is Intituled as follows, Vizt .:
"' A Supplement to an Act of Assembly of this Province, En- titled An Act prescribing the Forms of Declarations of Fidelity, Abjuration, and Affirmation, instead of the Forms heretofore re- quired in such Cases.'
" His Majesty this Day took the said Act into his Royal Consid- eration, and having received the Opinion of the Lords Commis- sioners for Trade & Plantations, The Attorney & Solicitor General, and also of a Committee of the Lords of his Majesty's most Hon- ourable Privy Council thereupon, Is hereby pleased to Declare his Disallowance of the said Act ; And pursuant to his Majesty's Royal Pleasure thereupon, the said Act is hereby Repealed, declared Void, & of none Effect, Whereof the Deputy Governor, Council, & Assem- bly of the said Province, and all others whom it may Concern, are to take Notice & Govern themselves accordingly.
"W. SHARPE."
As also two Letters from Andrew Stone, Esq"., Secretary to their Excellencys the Lord Justices for Administration of the Gov- ernment during his Majesty's Absence, respecting the distribution of Prizes taken from the Enemy, and the Conduct to be observed by Persons obtaining Letters of Marque, together with their Excel- lency's Proclamation thereupon, and Extracts from the Treaty marine with Holland, concluded at London the 1st of December, 1674, O. S., which were severally read and ordered to be inserted as follows, Vizt :
" Whitehall, 20th July, 1740.
" ST. :
" The Lords Justices, appointed for the Administration of the Government during his Majesty's Absence, having thought fit to Issue a Proclamation appointing the distribution of Prizes taken, and the Bounty for taking Ships of Warr from the Enemy, agree- able to a late Act of Parliament in that behalf, I send you herewith several Printed Copies of the said Proclamation, that you may cause the same to be made publick in his Majesty's Islands under your Government.
" I am, Sr., Your most obedient, Humble Servant, " ANDREW STONE."
" Whitehall, July 20th, 1740.
" Sir :
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"It having been represented to the Lords Justices, appointed for the Administration of the Government during his Majesty's
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PROVINCIAL COUNCIL.
Absence, that some Persons to whom Letters of Marque have been granted have not conformed themselves to the Terms prescribed by the Treaties for their Conduct in Time of Warr towards the Sub- jects of Neutral Powers, Their Excellencies directed that so much of the said Treaties as relates to this matter should be transmitted to you, that you may be fully apprized of the manner in which it is agreed that the Subjects of each party respectively should behave towards the Subjects of the other in case either Party should be engaged in a Warr and the other remain Neuter; and that you may be thereby enabled to give proper Instructions to such Fersons as shall take out Letters of Marque within your Government, of their Conduct in this respect, I accordingly send you herewith an Extract of the Treaty between his Majesty & the State's General relating to this Matter, and am to acquaint you with the Lords Justices' Directions, that you should give strict Orders to the Com- manders of all Privateers that shall be fitted out in his Majesty's Province under your Government, to confirm themselves thereto. The same must serve also as a Rule for their Conduct towards the Subjects of all Powers in Amity with his Majesty that shall remain Neuter in the present Warr, the Tenour of the Treatys between Great Britain & France, as well as other Powers, being to the like Effect in this respect.
"I am, Sr., Your most Obedient Humble Servant, " ANDREW STONE."
"Extracts of Articles from the Treaty Marine with Holland, Concluded at London the 1st Day of December, 1674, O. S.
" Article 2d. Nor shall this Freedom of Navigation & Commerce be infringed by Occasion or Cause of any Warr, in any kind of Mer- chandizes, but shall extend to all Commodities which shall be carried in Time of Peace, those only excepted which follow in the next Article, and are comprehended under the name of Contraband.
" 3. Under the Name of Contraband or prohibited Merchandizes shall be comprehended only Arms, Pieces of Ordinance, with all Implements belonging to them, Fire Balls, Powder, Match, Bullets, Pikes, Swords, Lances, Spears, Halberts, Guns, Mortar-Pieces, Petards, Grenadoes, Musquet-Rests, Salt-petre, Musquets, Musquet- Shot, Helmets, Corslets, Breast-Plates, Coats of Mail, & the like kind of Armature, Soldiers' Horses, and all Things necessary for the furniture of Horses, Holsters, Belts, and all other Warlike In- struments whatsoever.
" 4. These Merchandizes following shall not be reckoned amongst prohibited Goods, Viz: all kind of Cloth and all other Manufac- tures woven of any kind of Wool, Flax, Silk, Cotton, or any other material ; all sorts of Clothing & Vestments, together with the Ma- terials whereof they use to be made ; Gold & Silver, as well Coined as not coined; Tin, Iron, Lead, Copper, & Coals, as also wheat,
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MINUTES OF THE
Barley, and all other Kind of Corn or Pulse, Tobacco, & all kind of Spices, Salted & smoked Flesh, salted & dried Fish, Butter & Cheese, Beer, Oils, Wines, Sugars, & all sorts of Salt, & in gene- ral all Provision which serves for the nourishment & Sustenance of Life; Likewise all kind of Cotton, Hemp, Flax, & Pitch, and Ropes, Sails, and Anchors, also masts & planks, Boards & Planks of what sort of Wood soever, and all other Materials requisite for the Building or repairing Ships. But they shall not be wholly re- puted amongst Free Goods, even as all other Wares & Commodities which are not comprehended in the next preceedent Article, so that the same be freely transported and carried by the subjects of his said Majesty even unto the places in Enmity with the said States, as also on the other Side by the subjects of the said States unto places under the Obedience of the Enemies of his said Majesty, Except only Towns or Places beseiged, invironed, or invested (in French) Blocquies or Investies.
" 7. But if by the shewing the abovesaid Coquets expressing the Contents of the Goods on Board given in the usual Form by the Officers of the Customs in the Port from whence she came (concern- ing the shewing whereof it is above agreed), either Party shall dis- cover any kind of Merchandizes which in the third Article of this Treaty are declared to be contraband or prohibited, Consigned to to any Port under the Obedience of their Enemies, it shall not be lawful to open the Hatches of such Ship in which the same shall happen to be found, whether she belongs to the Subjects of his Majesty or of the Lords the States, nor to unlock or break open the Chests, Mails, Packs, or Casks in the same, nor to Convey away any the least part of the Merchandizes, before the whole be first landed in the presence of the Officers of the Admiralty & inven- toried; neither shall it be any ways to sell, exchange, or otherwise to alienate the same, until such prohibited Goods are rightly and lawfully proceeded against, And that the Judges of the Admiralty have by their respective sentences confiscated the same : Provided always, That as well the Ship it self as the rest of the Commodi- ties found in the same which by this Treaty are to be reputed free, shall not, upon pretence of their being infected by such prohibited Goods, be detained, much less Confiscated, for lawful Prize. But if not the whole but a part only of the Lading consists of Contra- band or prohibited Commodities, and that the Master of the Ship shall be willing and ready to deliver them to the Captor who seized the same, in that Case the Captor shall not compel the Ship to go out of her Course to any Port he thinks fit, but shall forthwith dis- miss her, and upon no Account hinder her from prosecuting her designed Voyage.
"8. It is further Agreed, That whatsoever shall be found Laden by his Majesty's Subjects upon any Ship whatsoever, belonging to the Enemies of the Lords of the Sates, altho' the same be not of the
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Quality of Contraband Goods, may be confiscated. But on the con- trary, all that which shall be found in the Ships belonging to the Subjects of his Majesty shall be accounted clear and free, al- though the whole Lading, or any part thereof, by just Title or Pro- priety shall belong to the Enemies of the Lords the States, Except alwaies Contraband Goods, which being intercepted all things shall be done according to the meaning & direction of the precedent Ar- ticles; And by the same Reason, whatsoever shall be laden by the Subjects of the Lords the States, in any Ship whatsoever belonging to the Enemies of his Majesty, altho' the same be not of the Quality of Contraband Goods, may be confiscated. But on the other Side, all that which shall be found in the Ships belonging to the Subjects of the Lords the States, shall be accounted Clear & free, altho' the whole Lading, or any Part thereof, by just Title of propriety shall belong to the Enemies of his Majesty, except alwaies Contradand Goods, which being intercepted all things shall be done according to the Meaning & Direction of the precedent Articles; And least any Damage by surprize should be done to the one Party who is in Peace when the other Party shall happen to be Engaged in War, it is provided & agreed that a Ship belonging to the Enemies of the one Party, and laden with Goods of the Subjects of the other Party, shall not infect or render the sd. Goods liable to Confiscation in case they were laden before the Expiration of the Terms & Times here- after mentioned after the Declaration or Publication of any such War, Viz: If the Goods were laden in any Port or place between the places or Limits called the Soundings & the Naz, in Norway, within the Space of six Weeks after such Declaration of two Months, between the said places the Soundings & the City of Tangier, and of ten Weeks in the Mediteranean Sea, or within the Space of eight Months in any other Country or place of the World, so that it shall not be lawful to Confiscate the Goods of the Subjects of his Majesty taken or Seized in any Ship or Vessel whatsoever of any Enemy of the Lords the States upon that Pretence, but the same shall without Delay be restored to the Proprietors, unless they were Laden after the Expiration of the said Terms of Time respectively, but so that it may not be lawful for them afterwards to carry to Enemies Ports the said Merchandizes which are called Contraband, & for the Reason aforesaid shall not be liable to Confiscation. Nei- ther on the other side shall it be lawful to confiscate the Goods of the Subjects of the Lords the States taken or seized in any Ship or Vessel whatsoever of an Enemy of his Majesty upon that Pretence, but the same shall be forthwith restored to the Proprietors thereof, unless they were Laden after the Expiration of the said Terms of Time respectively, but so that it may not be lawful for them after- wards to carry to Enemies Ports the said Merchandizes which are called Contraband, and for the Reason aforesaid shall not be liable to Confiscation."
Likewise a Letter from Andrew Stone, Esq'., Dated Octo . 2d,
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MINUTES OF THE
1740, purporting their Excellencys the Lords Justices Order re- specting the Exportation of Provision, which is as follows, Viz' :
" Whitehall, Oct7. 2d, 1740.
"Their Excellencies the Lords Justices, to whom his Majesty has intrusted the Administration of the Government during his Ab- sence, having been informed That Great Quantities of Provisions have been exported from several of his Majestie's Colonies in North America, for the use of fforeign Colonies, which Practice may in the present Conjuncture be highly prejudicial to his Majesty's Ser- vice, Their Excies- have commanded me to signify to you their Di- rections That you should prevent, as far as possible, the Exportation of any provisions from the province under your Government to any foreign Colonie whatsoever ; and in order thereto, that you should Cause all Ships laden with Provisions, and not in his Majestie's Service, that shall Sail from any of the Ports within your Govern- ment, to give Sufficient Security to Land the said provisions in some Part of his Majesty's Dominions. I am Sr., your most Obedient Humble Servant. " ANDREW STONE."
Upon which it is ordered that the several Officers of the Customs within this Government be served with a Copy of the said Order.
And Lastly, the Governor laid before the Board a Letter from his Grace the Duke of Newcastle, dated Dec . 4th, 1740, which he had very lately received by the way of Jaimaica ; and the same being read, is ordered to be inserted as follows, Viz“:
" Whitehall, Decr. 4th, 1740.
"Sr. :
" I have received & laid before the King Your several Letters, the Last of which is Dated Octo". 2d, giving an Account of your proceedings in the Execution of his Majesty's Orders for raising a Body of Men to serve under the Command of Lord Cathcart, & Transporting them to Jaimaica, And I am to Acquaint you with his Majesty's Approbation of Your Diligence & Zeal for his Service on this Occasion.
" As there seems to be such a Spirit amongst his Majesty's Sub- jects in the several Colonies of North America, That even a greater number of Men might have been raised for this Service than has been yet done, and as it is probable That Recruits will be wanted for the Forces under Lord Cathcart's Command, or even that Lord Cathcart may write to have a greater number of Troops from North America than are at present sent to him, His Majesty has com- manded me to acquaint You that if my Lord Cathcart should think proper to send to you for any number of Men for Recruits or for any other Service, you should endeavor to raise them accordingly, . and take Care that they be transported to such Place & at such
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Time as Lord Cathcart shall appoint. And that all such Persons as shall enlist in his Majty's. Service on any such Occasion should have the same Allowance of Pay & Subsistance, Clothes & Arms, as was given to the Men that were first raised. And it is his Ma- jesty's Pleasure that you should transmit an exact Account of the Number of Effective Men that have been already raised within your Government, as, also, of those that shall be further raised in Con- sequence of any Application to you for that Purpose by my Lord Cathcart as is above mentioned.
"I am, S', Your most Obedient Humble Servant,
" HOLLIS NEWCASTLE."
At a Council held at Philadelphia, June the 11th, 1741. PRESENT :
The Honble GEORGE THOMAS, Esqr., Lieutenant Governour.
Clement Plumsted, Thomas Laurence,
Samuel Hasell, Thomas Griffitts, Esqrs.
The Governor acquainted the Board that during the late Sessions of Assembly some Messages had past between him and the House of Representatives, which being read in their Order are as follows:
" His Hon" the Governor to the Gentle of the Assembly. " Gentlemen :
" Upon information some time ago received from Admiral Vernon, that one Spanish & two ffrench Squadrons were arrived in the West Indies, and that they depended upon being supplied with Provisions from the Northern Colonies, either directly to the ffrench Islands or by the Way of St Eustatia & Curracoa; And upon repeated ad- vices from London that an Embargo was laid on all sort of Provisions in Great Britain and Ireland, and that a Bill to prohibit the Expor- tation of them to foreign Ports from any part of his Majestie's Dominions, as well in America as Europe, was then under the Con- sideration of Parliament, It was by myself and Council Judged for the King's service to limit the Exportation of Provisions from this Province to the Ports in his Majestie's Dominions. And I have the Satisfaction to find by an Order I have since read from their Excel- lency's the Lords Justices (which by various accidents was long before it came to my hands), that what has been done here exactly agreed with his Majestie's Intentions.
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