USA > Pennsylvania > Colonial records of Pennsylvania, Vol. XI > Part 62
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MINUTES OF THE
len, Esq'r, Attorney at Law, both late of Trenton, in the State of New Jersey; And Andrew Elliott, Esq'r, now or late of New York city, in the State of New York ; & others situate, lying & being within divers Counties of this State, forfeited to the use of the Common- wealth by the attainder of the said persons, & every of them, for High Treason, will be speedily sold by Public Auction or Vendue, to the best & highest bidders, exonerated & discharged of all for- mer claims or demands made under any of the said Traitors ; the said real Estates to be assured to the buyers by Deeds or Convey- ances, under the Seal of the State, signed by the President or Vice President in Council, upon payment of the purchase Money.
"And all Creditors & others are hereby informed, that by an Act of Assembly entitled ' An Act for the attainder of divers Traitors, if they render not themselves by a certain day, & the vesting their Estates in the Commonwealth, & for more effectually discovering the same, & for ascertaining the lawful Debts & Claims thereupon," three Months are allowed to all Creditors & others having claims & demands on the personal Estates late of the Traitors aforesaid, to exhibit the same ; The said Three Months to be reckoned from & after the date of the entry of such Estates in the Register kept by the Secretary of the Supreme Executive Council; & in Six Months, , for all claims on the Real Estates late of the Traitors aforesaid, to be reckoned from & after the date of the entry of such Real Es- tates on the Register kept by the Sheriff of the County were such for- feited Estate lies. All such claims & demands to be made before the Judges of the Supreme Court in term time, or in the vacation to the Chief Justice, written on Parchment or Paper, Signed by the parties making the same, or by their Attorneys or other Rep- resentatives, testified by two or more subscribing Witnesses, attest- ing the same, or in default thereof, every such claim or demand to be void.
" And Whereas, by a Supplement to the Act of Assembly afore- said, it is directed, ' That whenever such intended Sale (the Sales of the said Real Estates forfeited as aforesaid) shall be advertised, Public notice shall also be given, That the Creditors of the said Traitors, & all claimants upon the said respective Estates, shall ex- hibit their several claims & demands to the Justices of the Su- preme Court, for Payment or satisfaction, as is by the said Act di- rected, within Six Months thereafter, if residents within this State, or within Twelve Months if residents within any other of the Uni- ted States, or be forever barred from the recovery thereof; provided always, nevertheless, that any Creditor or Claimant, shall at the time of such notice given, be within the Age of Twenty One Years, feme covert, non compos mentis, imprisoned, or beyond Sea, that then such persons shall be at liberty to exhibit their claims or de- mands as other persons now may, within Six Months, or if residents within any other of the United States, within twelve Months after such disability is removed.
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SUPREME EXECUTIVE COUNCIL. .
" Wherefore, public notice is hereby accordingly given, and all Creditors & others concerned, are hereby called upon to make their claims, & proceed in the manner as is in & by the said Acts of General Assembly directed.
" Published by order of the Council.
"TIMOTHY MATLACK,
"Secretary & keeper of the Register for forfeited Estates."
A Letter from Blair McClanaghan & Matthew Irwin, was read, dated March 27, 1779 ; And thereupon,
Ordered, That James Montgomery be appointed Captain of the Ship General Green. [See antea, page 730.]
A Letter from the board of War, recommending Jesse Thomp- son, wounded & Scalped on the expedition against the Indians on the East branch of Susquehanna, to the notice of the Council,
Ordered, That the Receiver Gen'l of Cloating do furnish the said Jesse Thompson with such Cloathing as Mr. Hambright shall on enquiry find to be absolutely necessary for him.
Resolved, That Capt. Rob't Caldwell, formerly an Officer in the State Reg't commanded by Col. Atlee, taken Prisoner at Mount Washington & lately exchanged, be appointed to the Command of the Marines on board the Ship Gen'l Green, & John Hambright, jun., Lieutenant of Marines on board the said Ship. See 751.
The Council Met.
PHILAD'A, Tuesday April 13, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. Joseph Hart, John Hambright, - John Macky, &
Esq'rs.
An application from Sam'l C. Morris, for himself & the Owners of the Brig. Achiles, requesting to be supplied with 400 Shot, be- tween 2 & 3 Pound weight, was read.
Ordered, That the said application be referred to Capt. Stiles and George Henry, who are to report whether the State can spare the Shot without inconvenience.
Whereas, frequent applications are made to this board for the Remission of Fines & other Punishments inflicted on offenders by the several Courts of Justice in this State, the determination upon which deeply effect the safety of the inhabitants . & the cause of Public Justice : Wherefore,
Resolved, That it be a standing Rule, that no such applications be proceeded on, farther than reading them, unless a transcript of
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the sentence of the Court be also sent to this Board, signed by the proper Officer, & that it will in future be expected that the Judges of the Court before which any Criminal is convicted, or some of them, do recommend the case to this Board, with their reasons for so doing.
A Letter from The Hon'ble John Jay, Esq'r, President of Con- gress, of this date, inclosing Resolves of Congress of the 3d ins., respecting the unanimity of the United States, &ca.
On application of Col. Rich'd Hampton,
Ordered, That David Williams, committed by the Council, when in Lancaster, for carry Provisions to the Enemy, be discharged on Paying his Prison Fees.
Ordered, That the Fines due to the State from John Flaherty, convicted of Larceny, & Adam Mckean, also convicted of Larceny, be remitted, & that they be discharged on their paying their Fees, & making restitution to the Owners of the Goods Stolen.
A Draft by Congress on Mich'l Hillegas, Esq'r, Treasurer of the United States, in favor of this Council, for the Sum of Two Mil- lions of Dollars, was delivered to the Council by Dr. William Shippen, Esq'r, in the following words, was read, Viz:
" Ordered, That the same made Payable to David Rittenhouse, Esq'r, Treasurer of the State, & the same was endorsed accord- ingly."
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The Council met.
PHILAD'A, Wednesday April 14, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Macky, John Hambright, ? 5 Esq'rs.
Joseph Hart, &
A Letter from Mr. Matt'w Irwin & Mr. Robert Bridges, request- ing to purchase two Twelve Pound, long Cannon, belonging to the State :
Ordered, That Mr. George Henry do direct an appraisment of two 'Twelve Pounders, long Cannon, now on Plumsted's Wharf, & sell them to Matthew Irwin & Robert Bridges, if they can be spared without inconvenience to the State.
The following three orders were drawn on the Treasurer, Viz :
In favour of His Excell'y the President, for the Sum of Five Hundred Pounds, in part of his salary.
In favor of the Hon'ble John Hambright, Esq'r, or his order, for the Sum of Ten Thousand Dollars, for the purpose of raising a
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SUPREME EXECUTIVE COUNCIL.
Company of Rangers in the County of Northumberland, & to be by him forwarded to Col. Sam'l Hunter, Lieu. of the County of Northumberland ; the same to be charged to the said Hambright.
In favour of Philip Marsteller, Esq'r, Paymaster of Militia for the county of Lancaster, or his order, for the sum of Fifteen Thou- sand Pounds, to be charged to his account.
Also, an order was drawn on the Treasurer in favor of the Hon'ble John Hambright, Esq'r, for the Sum of Five Hundred Pounds, to be charged to his account.
Ebenezer Cowell exhibited an account of work done in repairing of Arms; & the same being examined,
An order was drawn on the Treasurer, in favor of Ebenezer Cowell, or his order, for the Sum of Six Hundred & Thirty-eight Pounds & Six Shillings, Amount of the said Account.
Petition of divers inhabitants of Augusta Township, in the County of Northumberland, representing the inconveniency they labor under from the want of a Magestrate in the East end of the Township, & praying the appointment of John Simpson, whom they recommend, was read; but as the Council have not a right to ap- point more Justices than are already Commissioned in the said Township, the Prayer of the Petition cannot be complied with un- til the Township shall be divided by the Justices in the Court of Quarter Sessions of the Peace, & an Election held according to Law.
A Letter of the 10th ins., from Ralph Pomeroy, Esq'r, Com- missioner of Cloathing Accounts.
A Letter from the Consul of France
[Blank in Council Book.]
The Council met.
PHILAD'A, Thursday April 15, 1779
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President. John Macky, John Hambright, S Esq'rs
Joseph Hart, &
Representation of Robt. McNair, one of the Agents for seizing of forfeited Estates in the County of Northampton, in behalf of divers persons who have heretofore purchased lands of Andrew Allen, Esq'r, & who are now ready to Pay the residue of the pur- chase Money, was read & referred to the Judges of the Supreme Court, for their determination.
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Capt. Zigler's Letter of the 10th ins., with the inclosures, being read, & considered,
Resolved, That the Secretary do inform him, That the account of the number of Rations, which is considered as the most material article of information, is not to be omitted by any means, & that no Women are to be included in the allowance, or can be hence- forth carried upon the return ; That it is expected particular care will be taken that no Articles issue to any officers or soldiers not actually in Camp ; That he be desired to acquaint the Board what allowance is made in the distribution of the like articles by the State of Connecticut ; That these returns be transmitted to Col. Farmer, to be examined & filed.
An application from William Crispin, Commissary, being read ; thereupon,
An order was drawn on the Treasurer in favor of William Cris- pin, Commissary, or his order, for the Sum of Ten Thousand Pounds, to be charged to his account.
A Petition of John Reynolds, praying to be appointed First Lieutenant of the Franklin Galley, vacant by the advance of Sam'l Carson, to be Lieu. of the Ship General Green, was read, together with the recommendation of Nathan Boys, George Garland, Isaac Roaels & Stephen Beaseley ; thereupon,
Ordered, That John Reynolds be appointed First Lieutenant of the Franklin Galley, & Commissioned accordingly.
The Petition of Isaac Ely, praying to be appointed Second Leu- tenant of the Franklin Galley, vacant by the appointment of John Reynolds to be Ist Lieu of the same, was read ; and a recommen- dation by his superior Officers, were also read ; thereupon,
Ordered, That Isaac Ely be appointed Second Lieutenant of the Franklin Galley, & Commissioned accordingly.
The Petition of Ann Tatnall, Widow of Capt. Robert Tatnall, late of the Porcupine Guard Boat, deceased, Praying that she may be allowed his Pay & Rations from the time of his being made Prisoner until the third day of March last, the day of his Death, he being at that time a Prisoner, was read ; & thereupon,
Ordered, That the Widow of Capt. Tatnall be allowed the Pay & Rations of her deceased Husband until the third of March last, the time of his decease. The Rations to be paid for at their value when they became due.
Maj. Gen'l Armstrong having personally recommended James Thompson a's worthy of trust,
Ordered, That Mr. John Thompson be appointed Pay-master of the Five Companies of Rangers now to be raised by authority of Congress for the defence of the Frontiers of this State ; & also Muster Master of the said Five Companies, & to ·Muster such of the Militia of the State as may be called into the Continental ser- vice, for the defence of the North Western frontiers of the State ; And that he be allowed Pay & Rations as a Deputy Muster Mag-
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SUPREME EXECUTIVE COUNCIL.
ter in the Continental Army, & also the Pay & Rations of a Reg't Pay-master.
A Letter from the Hon'ble Matt'w Smith, Esq'r, of the 8th in- stant.
Ordered, That James Collier be appointed Captain of the Com- pany of Rangers proposed to be raised in the County of Lancaster, William Young, first Lieutenant, & Will'm Kelso, second Lieuten- ant, of the said County.
An order was drawn on the Treasurer in favor of the Hon'ble John Hambright, Esq'r, for the Sum of Six Thousand Dollars, to be by him forwarded to the Hon'ble Matt'w Smith, Esq'r, to be applied in raising the Company of Rangers in the County of Lan- caster.
Ordered, That Sam'l Carson be appointed first Lieu., Jacob De Hart, Second Lieu. of the Ship General Green.
That Rob't Caldwell be appointed Capt. of Marines, & John Hambright, jun., Lieu. of Marines on board the said Ship .- [See 747.]
The Council met.
PHILAD'A, Friday April 16, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, & John Hambright, ? Esq'rs.
A Certificate of the Valuation of the Ship General Green, at £53,057 10, Signed by Joseph Rush, James Craig, jun., Thomas Penrose & Sam'I C. Morris, was read.
An order was drawn on the Treasurer in favor of Jacob S. How- ell, Receiver General of Cloathing, or his order, for the Sum of One Thousand Pounds, for which Sum he is to account.
Ordered, That a Proclamation be issued, recommending to the good people of this State, to set apart the first Thursday of May next as a day of Fasting, Humiliation & Prayer to Almighty God, agreeably to the Resolve of Congress of the 20th day of March last.
Council observing that the Act of Assembly of this State, enti- · tled " An Act to prohibit the Sale of Goods, Wares & Merchan- dizes by Public Vendue, & to regulate Pedlars & Hawkers within this State," is openly violated by the Sale of Goods at Auction in this City, as tho' no such restraint were in force; & being deter- mined to bring the offenders against the Law to punishment,
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Ordered, That the principal enacting Paragraph thereof concern- ing Vendues be published, to the end that all persons who may be proceeded against, may be without the excuse of ignorance.
'A Letter from Aaron Ogden, Major of Brigade of the 12th ins't, enclosing a Receipt for Frederick Verner, sent to New York in Ex- change for Capt. Taylor.
A Letter from Ralph Pomeroy, Commissioner of Cloathing Ac- counts, requesting to be furnished with the account of Cloathing supplied to any of the Continental Troops.
Ordered, That the Receiver General of Cloathing for this State do furnish to Mr. Ralph Pomeroy, Commissioner of Cloathing Ac- counts, a complete account of the Cloathing furnished by him to the Continental Troops, & that the same be forwarded with all possible dispatch to James Mease, Esq'r, where Mr. Pomeroy will receive them.
An order was drawn on the Treasurer in favor of John Moyes, or his order, for the Sum of One hundred & Twenty-five Pounds on' account, & charge the same to his account.
Adjourned 'til Monday, His Excell'y the President, being under the necessity of visiting the Fortifications on the River.
The Council met.
PHILAD'A, Monday April 19, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice-President.
Joseph Hart, John Macky, Jac. Arndt,.
John Hambright, & 2
Esq'rs.
An order was drawn on the Treasurer in favor of Mr. Caleb Lorne, or his order, for the Sum of thirty-five Pounds, for cutting the State Arms in Printer's metal .*
An order was drawn on the Treasurer in favor of Col. Lewis Farmer, Commissioner for purchasing, &ca, or his order, for the Sum of Fifteen Thousand Pounds, the same to be charged to ac- . count of the said Col. Farmer.
An application from Francis McClester, master-workman, em- ployed in building Cheveaux de Frize, for 2 large double blocks, one single block, one large Tackle fall, & 8 small blocks & falls, was read; thereupon,
Ordered, That Mr. George Henry do furnish Mr. Francis Mc- Clester with 2 large double blocks, 1 single block, 1 large Tackle fall, & 8 small blocks & falls, for which Mr. McClester is to ac-
*This Plate of the Arms is in the hands of Hall & Sellers.
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SUPREME EXECUTIVE COUNCIL.
count to Mr. Henry. This Plate of the Arms is in the hands of Hall & Sellers.
Petitions of Lieut's Honeyman & Pugh, praying to be allowed to draw the enumerated Articles was read.
Ordered, That the said Petition be referred to further consid- eration, Congress having lately made some regulations which may include the Petitioners & which are not yet come to hand.
An order was drawn on the Treasurer, in favor of the Hon'ble John Macky, Esq'r, or his order, for the Sum of Four Hundred Dollars, in part of his pay as Councellor.
-
The Council Met.
PHILAD'A, Tuesday April 20th, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
John Macky,
Joseph Hart, &
Jacob Arndt, Esq'rs.
Capt. Hambright retired with leave for a few weeks.
A letter from the Hon'ble John Jay, Esq'r, President of Con- gress, dated 18th ins. enclosing two Acts of Congress of the 14th ins. One relative to persons going within the Enemy's lines ; The other relative to the exportation of Provisions to the State of Mas- sachusetts Bay.
Petition of James Dundas, for Money, &ca, was read ; & there- upon,
Ordered, That the Petitioner lay a state of his accounts before the board, in order to warrant issuing as prayed.
On application by Col. Humpton,
Ordered, That the following named seven persons, now confined in the Goal of this City, on charges of Felony, be discharged, they paying the fees & making restitution of the Goods stolen & the Prosecutors respectively being satisfied, Viz :
Joseph Hoskins, alias Dukes, belonging to the 5th Pennsylva- nia Reg't; Patrick Ivory, 1st Maryland Reg't; John Cluney, Mary- land Reg't; John Blaney, alias Seine, James Reynolds & John Bowman, all of the 10th Pennsylvania Reg't; Joseph Brown, 9th Pennsylvania Reg't
A Letter from the Judges of the Supreme Court, dated this day, & enclosing a Trenscript of the conviction of George Hardy, of the the City of Philadelphia, of Treason, at a Court of Oyer & Ter- miner & General Goal delivery, held at Philadelphia, for the City
VOL. XI .-- 48.
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· & County of Philadelphia, on the eighth day of April instant, & the sentence of the said Court, that the said George Hardy be hanged by the Neck 'til he be dead ; & that Petitions of the Jurors charged with the trial of the indictment of George Hardy, &ca ; And also the Petition of a number of inhabitants in favor of the said George Hardy ; And the same, with the inclosed Papers, were read ; & thereupon,
Ordered, That a Warrant be issued for the execution of the Sentence of the Court of Oyer & Terminer & General Goal . de- livery upon George Hardy; & that the same be executed on Saturday the first day of May next, between the Hours of Ten O'Clock in the forenoon & two O'Clock in the Afternoon, at the usual place of Execution.
Ordered, That the further consideration of the Petitions in favor of George Hardy, be to Wednesday the 28th ins.
Ordered, That the Secretary do write to John Hubley, Esq'r, of Lancaster, & request him to send down to Philadelphia the two brass Field Pieces now in that Borough ; And to send down also, by the same opportunity, the Writing Paper committed to bis care.
The Council met.
PHILAD'A, Wednesday April 21, 1779. PRESENT:
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, &
Jacob Arndt, Esq'rs.
Resolved, That Dav'd Rittenhouse, Esq'r, the Treasurer, be di- rected to find sufficient security, to be approved of by the Judge of the Amiralty, for the share adjudged to the State of the Prize Sloop Active, taken by the Brigantine Convention & the Gerard Privateer ; & take up the Money, which will exceed Eleven Thou- sand Pounds, for the use of the State; One-half the Sum allotted to the Convention coming to the State.
On Consideration,
Ordered, That Mr. Peter De Haven be appointed an Agent for forfeited Estates in the County of Philadelphia.
A Recommendation from Col. Francis Johnston, of the Pennsyl- vania Reg't, in favor of Benja. Marshall as a suitable person to be an Ensign in the said Regiment, being read; it was thereupon,
Ordered, That Benjamin Marshall be appointed an Ensign in the fifth Pennsylvania Regiment, commanded by Col. F. John- ston.
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SUPREME EXECUTIVE COUNCIL.
WHEREAS, divers books belonging to the State Library are miss- ing, & there is reason to apprehend that the same are in the hands of persons who have had recourse to the said Library, & who have neglected to return them ; therefore,
Ordered, That Public notice be given to all persons having Books belonging to the State, to return the same to the Secretary without delay, otherwise the Council will be induced to think they are detained from improper motives, and to take further measures for the recovery of them.
The Hon'ble George Ross, Esq'r, Judge of the Admiralty, at- tended in Council & took the Oath required by the Constitution to qualify him for his said Office.
The Council met.
PHILAD'A, Thursday April 22, 1779. PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart,
John Macky, &
Esq'rs.
Jacob Arndt,
The Memorial of Theobald Shubel being read,
Ordered, That the same be transmitted to the Justices of the Supreme Court, & that they be desired to make immediate enquiry into the facts charged, & do therein what to Justice shall apper- tain.
A letter from His Excell'y Gen'l Washington, dated the 19th ins. was read.
A Petition of Matthew Gregg, Waggon Master of the County of Cumberland, being read & Considered,
Ordered, That the Petitioner be informed, That as Waggon Masters are absolutely necessary for the Public Service, & as it has been a practice for the Quarter Master General to pay the Wag- goners when called forth under the Waggon Law, by a parity of reasons every other necessary Officer ought to be paid in the same manner, & that it will very much embarrass that service from which the Quarter Master's department has derived so much benefit, if difficulties are made in Payment.
Mr. Drayton returned 2 Vols. of State Tracts belonging to the State Library.
Whereas, the Hon'ble House of General Assembly, on the 31st day of August last,
Resolved, That it be recommended to the Supreme Executive Council, to appoint Auditors to hear & determine the claims of
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John Eyre, and such other persons as have had Timber & Plank taken from them by the Enemy, & employed in building the Re- doubts & bridge near this City ;
And the said John Eyre now applying to have the said Resolve carried into execution,
Ordered, That William Ball, Esq'r, William Moore, Esq'r, & Mr. John Purviance, be a Committee for the purpose aforesaid ; And that they be directed to give Public notice of the time & place of their meeting, & report to the Gen'l Assembly at their next meeting.
An order was drawn on the Treasurer in favor of James Dundas, Paymaster at Billingsport, or his order, for the Sum of Five Hun- dred Pounds, for which Sum he is to account.
Ordered, That Two Companies of the Battalion of Artillery of this City & the adjoining districts, be immediately called into ser- vice, to relieve the Garrison at Mud Island & Billingsport, consist- ing of Col. Proctor's Reg't, now called into the field for other ser- vice ; And that the Lieutenant of the City & adjoining Districts, be directed to draw out the said two Companies as soon as may be, & send one of them to Mud Island, and the other to Billingsport.
The Council met.
PHILAD'A, Friday April 23, 1779.
PRESENT :
His Excell'y JOSEPH REED, Esq'r, President.
Hon'ble GEORGE BRYAN, Esq'r, Vice President.
Joseph Hart, John Macky, & Esq'rs. Jacob Arndt,
A Petition of James White, praying permission for his Wife to go into New York, was read.
Application of James Walsh to be appointed Superintendant of Arms, was read.
Application of Major Eyre, for the Payment of the Money due for the Ship General Green, was read.
An order was drawn on the Treasurer in favor of Benj'a Eyer & Co., or their order, for the Sum of Fifty-three Thousand & Fifty- seven Pounds & Eleven Shillings, consideration Money for the Ship General Green, purchased of the said Company for the use of the State.
Information being received that there remains in the hands of Esq'r Patterson, about 160 Stand of Arms & some Ammunition, which was sent to arm the Militia who escorted the Convention
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