Record of the courts of Chester County, Pennsylvania, 1681-1697, Part 6

Author: Chester County (Pa.). Courts; Lapp, Dorothy B
Publication date: 1910
Publisher: Philadelphia, Pa. : Printed by Patterson & White Co.
Number of Pages: 890


USA > Pennsylvania > Chester County > Record of the courts of Chester County, Pennsylvania, 1681-1697 > Part 6


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Edward Hulbert Petitioned against ye Shreife for his hard usage in the Comon Prison


This Court in ye Behalfe of ye County have bargained and sold unto Robert Wade his Heirs and Assignes ye Court house and Prison att Chester upon Consideration Whereof ye said Wade doe Obleidge himselfe his heires Executors and Assignes to Defray all Charges which are already Due from ye first Erecting said Houses Provided that from ye day of ye Date hereof to ye full End and terme of two years and a halfe the said Robert Wade shall have liberty to reimburst what moneyes he have already received of ya Levie raised in this County toward y" Purchasing and Building of said Houses. Upon all Which this Court doth Engage to make ye said Wade a firme and sure Title to said Houses and to give him lawfull and quiete Possession thereof


James Saunderlaine for himselfe his heires and Assignes doe Promise this Court a Convenient Peece of Land in ye Towne of Chester where they may Erect a Court house and Prison and to make a firme title of ye same to ye Proper use and Behoofe of this County


Andrew ffriend was Attested Constaple for ye Township of Chester in the Roome of his ffather Neales Lawson


James Saunderlaines ear marke both ears Cropt and slitt his brand marke I. S.


George fforemans ear marke a Crop and Slit in ye farr ear his brand marke G F


Samuell Levis his ear marke a Swallow fork taken out of ye middle of ye near ear his brand marke S. L


Haunce Urine was fined five shillings for being Drunke upon Tenicum Island


George Strod made over a Deed dated ye 27th day of ye 9th month 1686 for a parcell of Land lying and being in Concord to Goddin Walter his heires and Assignes for ever.


86


RECORD OF THE COURTS OF


George Strod made over a Deed Dated ye above day for a parcell of Land in the se Township of Concord unto Thomas Hale bis Heires and Assignes for ever


Constaples Chossen


ffor Bethell Lyberty Edward Beasar


Burmingham John Bennett


Chester Andrew ffriend in ye roome of his father Neales Lawson


Northley Edward Carter


Gilead Joseph Baker


Providence John Nickson in ye roome of Edward Pritchard


Marple ffrancis Stamfield


Newtowne Thomas Norbury


Upper Providence Thomas Powell


Ordered that all Constaples yt are not Attested doe forthwith repaire to their next Justice to be Attested according to law


Ordered that all Constaples have forthwith Warrants di- rected unto them under ye Clerks hand and County Seale that they forthwith Call a Towne meeting in their severall Precincks in order to make a true returne of all ye male Inhabitance therein as well Servants as free men from sixteen years of age to sixty as alsoe of what Lands they are seized of ; as alsoe what Lands are surveyed to non residence and soe remaining unoccupied unto ye Commissioners Sitting att Walter ffausetts att Ridley Creeke ye 1st day of ye next moneth 1686


The Court adjourne unto ye 3d day in ye 1st Weeke of yº 1st moneth next and ye next day Sate in Equity


Att a Court of Equity held att Chester ye 5th day in the 1st Weeke of ye 10th moneth 1686.


Commissioners Present John Blunstone John Simcocke George Maris


Bartholomew Coppocke


Samuell Levis Robert Wade Robert Pile


Robert Eyre Clerke


87


CHESTER COUNTY, PENNSYLVANIA


ffrancis Yarnall of this County Preferred a Bill to this Court Wherein he required a Remedy against y& Verdickt of Jury and Judgment of Court Obteined against him by Joshua Hast- ings of ye same County att the last Court of Comon Pleas held for this County of Chester the 3d and 4th days of this Present Weeke


Upon which it was Decreed that ffrancis Yarnall should pay 10° and bear butt halfe the Charges of that Court.


Jeremy Collett of this County Preferred a Bill to this Court requiring a Remedy against ye Verdickt of Jury and Judgment of Court in a Case Depending between himselfe & Henry Renolds of ye same County att the last Court of Comon Ples held for this County of Chester the 3ª and 4th dayes of this Present Weeke. Upon which it was Decreed that Henry Renolds should pay one halfe of the Charges of Court and Cost of Suite.


The Court Adjourne


Att a Court held att Chester for ye County of Chester


ye 3ª day in the 1st Weeke of y9 1st moneth 1686


George Maris President John Symcocke


John Blunstone ffrancis Harrison Justices


Bartholomew Coppocke Robert Pile


Thomas Usher Shreife


Robert Evre Clerke


JAMES BROWNE Plt


TIMOTHY CLEMENT Defendt


In an action of Debt upon


Continued


Attatchment in ye hands of Thomas Coborne.


The Shreife made return of a Warrant Issued out against Timothy Clement in behalfe of ye King : not to be found.


The names of such of ye Grand Inquest that absented them- selves this Court


SS


RECORD OF THE COURTS OF


George fforeman, Richard Barnard, Peter Dicks, William Collett


The Presentiments of ye Grand Inquest viz


Andrew Nealson Als friend for unlawfully Ranging ye Woods and for Driving Peoples Cattle as Horses and Mares backe into the Woods to ye great Detryment of many of ye Inhabitance. Who being Indickted upon ye same the cause was att his request traversed untill the next Court


Thomas Brasy was Presented for Hanging gates upon ye Kings High Way by reason Whereof Cattle Cannot Passe and when a gate lyes open and ya neighbourhoods Cattle Gett into ye said Brasyes Pasture they are many times stopt att night to their Detryment for Want of ye milke of their udder Beasts


The Townshin of Chester was Presented for not finding and making a foote Bridge over ye mill Creeke in ye Kings High way hard by Wm Woodmansees


John Symcocke made over a Deed for one hundred acres of land unto Charles Whitacre dated this Instant


Haunce Peters of New Castle County came into ye Court and delivered up Edw: Hulbert into ye Custody of ye Shreife upon which it was ordered that ye said Haunce Peters bond given ye last Court should be Cancelled.


Thomas King made over a Deed to Wm Branion for fifty acres of land lying in Concord dated this Instant.


Thomas Duckett made over a Patent by Assignment unto Barnabas Wilcox for three hundred acres of land lying in ye County of Chester dated the 9th day of the 10th moneth 1686


William Morgan made over a Patent by Assignment to William Brainton for two hundred acres of land in Burming- ham dated ye 5th day of ve 8th moth 1686


Jeremy Collett made over a Deed to John Hannum for 200 acres of land lying in ye 3ª lott in Concord dated this Instant


Jeremy Collett of this County and John White Clerke of ve County of new Castle was Attested to a Bond signed and sealed by Richard Bridgman unto Charles Pickering dated re 10th day of December 1686.


89


CHESTER COUNTY, PENNSYLVANIA


CHARLES ASHCOME Pl


fin an action of ye Case


THOMAS USHER Defendt


Ordered that ye Shreife have a new Execution against John Vanculine and soe ye matter to be ended


Edward Hulbert Appearing according to Recognisence and noe body appearing to Prosecute ye Prisoner is acquitted by Proclamation


Samuell Baker upon his acknowledgment and submission to John Symcocke is remitted his fine which was laid on him for abusing ye said Symcocke ye last Court


Ordered that Thomas Usher Shreife and Richard Crosby have Power to sell and Dispose of ye Plantation of George Andrews lying att Chichester


Caleb Puzie Petitioned against Thomas Coborne for setting a Water mill above him upon Upland Creeke The Court Con- sidering the Premisses and finding it to bee for ye Comon good Dispenceth therewith


Nathaniell Thornton being found upon his Confession before ffrancis Harrison and Robert Pile to be Justly Indebted unto Thomas Hale in ye Sum of Seventeen shillings and tenne pence halfe Penny it was ordered to be entred as ye Judgin' of this Court and upon non payment Execution to follow


The names of ye Grand Inquest Attested at this Court


Walter ffausett


Joshua fferne


John Edge


Thomas Person


Jonathan Hayes


Anthony Weaver


Randall Maylen


George Wood


Joshua Hastings


Jacob Symcocke


Peter Taylor


Joseph Edge


Caleb Puzie


Bartholomew Coppocke George Churchman


John Nickson Petitioned against a former order of this Court butt was Rejected


Richard Crosby Preferred a Bill to ye late Grand Inquest against David Ogden which was found to be eronious


90


RECORD OF THE COURTS OF


ffrancis Harrison and Jacob Chandler acknowledged ye Ex- change of one moity of two hundred and fifty acres of land in the Township of Chichester from ye said ffrancis to ye said Jacob for ye one moity of two hundred and fifty Acres lying on Chester Creeke from ye sª Jacob to ye said ffrancis


The Court Adjourne untill ye 3d day in ye 2ª Weeke of yo 24 moth next.


Att a Court held att Chester for ye County of Chester ye 3ª day in the 2ª Weeke of ye 2ª moth 1687


-


John Blunstone President George Maris John Bristow Justices Sam" Levis Bartho Coppocke ffrancis Harrison Thomas Usher Shreite Robert Eyre Clerke


The Shreife made returne of an Execution granted against John Vanculine att the suite of Charles Ashcome which was Levied upon two Cowes appraised by Joshua Hastings and Caleb Pusie att 91b


Ordered that ye appraisers doe Discharge the Shreife of said Cowes and doe take them into their Custody and keeping untill further order.


JEREMY COLLETT by his


r in an action of ye Case


wife Jane his Attorney PIt The Defend' Confesses


EDWARD HULBERT


Defendt Judgment.


William Cloud Junior made Complaint in behalfe of his ffather Wr Cloud that ye officers of new Castle have Demanded ye Publick levies of his said ffather for that County Where- upon it was ordered that ye Clerke doe forthwith send downe a request under his owne hand desiring them to forbear to Levie any thing upon ya said Cloud till a desision be made of ye Premisses by ye Governour


Urine Keine made over a Deed for a Peell of land lying and being in Chester with all ye Appurtinances and lotts dated ye 18th day of ye 11th moneth 1686 to James Saunderlaine and his heires for ever


91


CHESTER COUNTY, PENNSYLVANIA


Anne ffinch made over a Deed for a cell of land Conteining one hundred acres lying between Ridly Creeke and Chester Creeke unto William ffindlow dated ye 11th day of ye 2ª Month 1687


William ffindlow past over a mortgage for said Land to v-8 said Anne fince for twenty pounds to be paid ve 2ª day of ye 5th Moneth 1690 dated ye 12th day of ye 2ª moneth 1687


John Nickson made over a Deed to Bartholomew Coppocke dated ye 12th day of ye 2ª moneth in ye 7th year of ye Pro- prietarys Government for a cell of Land lying on ye West side of Darby Creeke


William Cloud Constaple for Concord returned all well Whereupon Nathaniell Newland was ordered Constaple in his roome for ye ensuing year


Philip Roman Constaple of Chichester returned all well whereupon Nathaniell Lamplue was ordered Constaple in his roome for the ensuing year


ffrancis Chadsey Supervisor of yº High wayes between Chi- chester Creeke and Namans Creeke returnd all well whereupon Phillip Roman was ordered in his roome for ya ensuing year


Ordered that Nathaniell Evins be Supervisor of ye High wayes for ye Township of Chester in ye roome of John Bristow


Richard Crosby being Convickted for being Drunke and abusing ye majestracy of this Court and County was fined seven pounds


The Court Adjourne untill ya 3d day in ye 1st Weeke of ye 4th moneth next


Att a Court held att Chester for ye County of Chester ye 7th day of ye 4th moneth 1687


John Bristow Presidt John Symcocke John Blunstone Bartholomew Coppocke Justices George Maris ffrancis Harrison - Joshua ffrene Shreife Robert Eyre Clerke


92


RECORD OF THE COURTS OF


FFRANCIS STAMFIELD PI


Defent {withdrawne


JOHANES FFRIEND


JAMES SAUNDERLAINE PJt the Shreife returnd ye


RICHARD RUDMAN


Defendt Defend' not to be found


THOMAS HOLMES PI


CHARLES ASHCOME Defendt


Freturned as above


ROBERT EYRE


Plt


returned as above


HENRY WOOD


Defend'


FFRANCIS STAMFIELD PI


JAMES STAMFIELD


Defendt


-withdrawne


JAMES STAMFIELD PI in an action of Trover


JOHN ORION Defendt and Conversion


The names of the Jury


Thomas Vernon


John Hallawell


Thomas Worth


Adam Roads


Samuell Bradshaw


John Mendinghall


Richard Tucker


John Kinsman


Joseph Richards


Edmond Cartleidge


John Gibbons Thomas Brodshaw


The Declaration was read and Haunce Urine being attested declareth yt ye mare he sold to ye Plaintife was a Brown Bay mare and was markt in both ears with a Swallow fforke and had a small starr in her fforehead and a long tayle


Peter Peterson being Attested declareth That he was with ye Defend' John Orion when he took up a Chestnut mare and a Blacke Colt near Harford markt with a Swallow forke on both eares and a long tayle with a small starr in her forehead


John Smith being Attested declareth that ye mares marks was as before Attested and that shee had a black fillow Colt and that when he saw them the Colt was branded with F S on ye near Buttocke


Thomas Massie being Attested declareth that the mare was marke as before Attested by Per Peterson and that Orion did confesse he had a black Colt markt F S about 9 years old and yt he knew not how he came to be markt with that marke


93


CHESTER COUNTY, PENNSYLVANIA


Mouns Usta being attested for ye Defendt declareth yt ye mare and Colt which ye Defendt carried over ye River was ye Defend's owne mare and Colt and that he knew for a great While since ye mare did use ye woods near Harford and that he tamed her and saith alsoe that about ye time that James Stamfield tooke up this mare and Colt that mare and Colt was wanting


Usta Usta being attested declareth for ye Defendt yt he in Company with Peter Peters & Jnº Orion tooke up ye mare near Harford and yt to his knowledge it was Orions owne mare


Joseph Wood being attested for ye Defend declareth y' he knew ye mare to be Orions mare and that about 3 years since Mouns Peters did take her up and that this deponent did ofer to by her


Before ye Jury went out upon ye Cause it was agreed that the PIt and defend' should pay their equal shares of ye Charge and Cost of Suite and soe ye matter to Rest.


Andrew Neales alius ffriend was Called to ye Barr upon a former Bill of Indicktment Exhibitted against him att a Court held for this County ye 3ª day in ye 1st Weeke of yº 1st moneth last


The Petty Jury as in ye Case of Stamfield & Orion


Charles Whitacres being atteste declareth that Andrew Neales alius ffriend told him yt John Symcocke should never have any good of a mare which ye said Andrew Pretended to have tooke up att Concord Before ye said Jnº Symcocke had her and that he have often sworne ye same in this deponents hearing who further declareth that ye sweeds Prists sonne did offer to sale in ye name of ye said Andrew ffriend 2 Colts of 3 years old and 2 of 2 years old a peece which he said was Blacke mare Colts


James Lownes being attested declareth that ye said Andrew Neales alius ffriend did Pretend he had Driven or brought downe ye mare from Concord and that upon John Symcockes taking her up he did both threaten and Swear that ye said mare should doe ye said Symcocke noe good.


94


RECORD OF THE COURTS OF


Uppon bis request the Cause is Suspended untill the next Court


Andrew ffriend was ffined five shillings for Swearing.


Thomas Mercer made over a Deed for tenne Acres of Land lying in Astone dated yº 9th day of y" 2ª moneth 1637 unto Peter Tremaine his heires and Assignes for ever


Thomas Brasie made over a Deed dated ye 5th day of ffeb- ruary 1686 to Joseph Needs for a parcell of Land Conteining one hundred acrees lying in Darby


George Maris made over a Deed dated ye 7th day of ye 4th moneth 1687 to Phillip Yarnall for a parcell of Land Con- teining two hundred Acrees Between Chester Creeke and Ridly Creeke


Jano Jones Serrant to George fforeman for Confessing I- contineney was ordered ye next morning att ye 9th hour to receive nine lashes upon her bear Backe well laid on att ye Comon Whipping Post


The grand Inquest Presented the want of three Convenient horse Bridges on y Kings Road one over Chester Crecke one over Ridley Creeke and one over Croome Creeke


Ordered that forthwith Bridges be Erected over Ridley Creeke and Croome Creeke an a horse Bridge over Chester Creeke near Chester Mill upon ye lower side of ye Dam


They alsoe Present Thomas Colborne of this Township of Chester for selling rum to ye Indians Contrary to the lawes of this Province Upon which he was bound by recognisence to answer it the next Court:


The names of ye grand Inquest wanting :


Anthony Weaver dead -- George Churchman absent.


John Symcocke by Powers from Elizabeth fframton wife of the late Disceaced William ffrainton acknowledged and Con- fessed in Oppen Court ye receipt of two hundred and Fight pounds Currant English money which said sum he Confessed to be Satisfied by the payment of the said Calebs Bills for security of which att a Court held for this County ye 34 day in


95


CHESTER COUNTY, PENNSYLVANIA


ye 1st Weeke of ye 4th moneth 1685, Judgment was then Con- fessed by ye said Caleb upon Chester mill and Premisses


John Gibbons Jacob Symcocke and Charles Whitacre was ordered and Attested Appraisers for this County for ye next Ensuing year


Ordered that Thomas Hood be Attested Constaple of ye Township of Darby for ye next ensuing year


Ordered that Charles Whitacre be supervisor of the high- wayes for ye Township of Ridley for ye next ensuing year


Ordered that John Bartrome be supervisor of High wayes for Darby for ye next Ensuing year.


Ordered that John Mendinghall be supervisor of the high wayes for Concord for ye next Ensuing year.


Thomas King made over a deed for 100 acres of Land in Concord unto Robert Chamberlaine & his heires for ever dated ye 27th of ye 9th moth 1636.


Joseph Bushell made over a Deed for one hundred acres of Land lying in Thornbury to Wm Brainton and his heires for ever dated ye 7th of ye 4th moneth 1687.


Samuell Bradshaw made over a Deed for one hundred & eleven acrees of land lying upon Mill Creeke to Thomas Brad- shaw and his heires and Assignes for ever dated ye 7th day of ye 4th moth 1687.


John Blunstone made over a Deed for one acre of Land in the Township of Darby to build a meeting house thereon to ye use of ye said Township for ever to Exercise the true worship of God therein.


George foreman Complaining to this Court that his Servant maide Jane Jones by her often running away taking up and other charges Depending with loss of time stands Damnified to ye vallue of nine pounds six pence upon his and Samuel Row- lands Proofe thereof shee is ordered for satisfaction to serve her said master or his assignes from ye Termination of her Indenture dated ye 224 of Aprill 1686 untill ye full end and terme of four years next ensning.


96


RECORD OF THE COURTS OF


Allen Robinett made over a Deed for fifty acres of Land with all the houses and Appurtinances knowne by ye name of Nethercutt unto Phillip Denning his heires and Assignes for ever dated ye 7 day of ye 4" moneth 1687


Phillip Denning made over a Deed for ye abovesd land and premisses unto William Buckingham his heires Executors and assignes for ever dated ve above day,


William Buckingham past over a Penall Bond of eighty pounds for ye payment of fourty pounds unto Phillip Denning att severall payments att or before ye Expiration of seven years from ye date hereof being dated ye above day


Robert Barber was Attested Constaple for Chester in the roome of Andrew ffriend for yº time said ffriend had to serve.


The Court Adiourne untill ve 3" day in y" 1st Weeke of ye 7th moth next


Att a Court held att Chester for ye County of Chester yº 3ª day in yº 1% Weeke of the 7th Moneth


John Bristow Presid John Blunstone John Harding George Maris Justicea


1687 and soe held by Adjournment untill ye next day


Bartholomew Coppocke


Edward Beasar


Joshua ffirne Shreife Robert Evre Clerke


Thomas Colborne Bound over ye last Court for Selling y Indians Rum made his appearance according to recognisence and was att this Court Indickted To which he Pleads not Guilty The names of ve Petty Jury


Thomas Worth James Browne


Thomas Coates


Nathaniell Evins


Thomas Rawlenson Thomas Smith


Geo Churchman


Randall Vernon


John Howell


Sam" Bradshaw Adam Roades


Edward Waters


97


CHESTER COUNTY, PENNSYLVANIA


Isacke few being Attested declareth that a drunken Indian Coming by him wth an Emtie Bottle he asked him whether he was going the Indian made answer to Thomas Colbornes for rum and the same Indian Coming backe had two Bottles which he saw was full of rum


Thomas Lasie being attested declareth ye same as Isacke few. The verdickt of ye jury


They finde Thomas Colborne not Guilty according to evi- dence. Upon which he is acquitted by ye Court paying his fees.


Samuell Rowland by his Surtie George foreman became bound to ffrancis Harrison to make his appearance att this Court to answer his Beating and abusing Samuell Baker and accordingly made his appearance and was Indickted


Thomas Usher was Constituted by the Court attorney to ya king and Cheste Proprietary in this case.


The names of the Grand Inquest


Richard Parker William Garrett


Edmond Cartleige


Thomas ffox


Thomas Bradshaw


Albertus Henrickson


John Kinsman


William Colborne


John Mendinghall


Edward Pritchard


William Cloud Jun"


Walter Marten


Richard Thatcher


George Willard


John Beales the Bill is found


Whereupon he is called to ye Barr and Pleads not Guilty and refers himselfe to God and the Country.


The Petty Jury the same as in the Case of Thomas Colborne (all accepted by the Prisoner) onely William Branton in steed of Thomas Rawlenson.


Samuel Noys being Attested Declareth that he being about his Business in ye kings High way near George fforemans Where Samuel Baker meeting him on their Occations . Prisoner Samuell Rowland came forth of George fforemans with halfe a Boule of Punch in his hand and spying them did Swear by God these be ye Rogues y' did abuse ine att new


98


RECORD OF THE COURTS OF


Castle and thereupon did strick this deponent several Blowes butt he making his Escape ye Prisoner fell upon Samuell. Baker and tooke a Paddle out of his hand and did beate him upon ye head Backe and Shoulders and severall other parts of his Body therewith which Caused him to Bleed att va mouth and nose for twelve or fourteen hours after


Richard Buffington being Attested declareth that Samuell Baker lived with him more then two years and in that time he never knew that he did Bleed.


Isacke Warner being Attested declareth that he being sitting upon some Pipe Staves near George foremans Barne Samuell Baker and Samuell Noyes came together and stood near this deponent and Samuell Rowland spying them asked them what they did there att that time of night Butt he do not romamban that he did hear any Blowes.


Edward Jonnings being Attested declareth that he coming out of George fforemans house with Samuell Rowland ye said Samuell spying Samuell Noyes and Samuell Baker near George fforemans House asked them what they did there at that time of night and told them he would sett them further butt this deponent going his way he did think Samuell Baker Cryed out to Samuell Rowland not to stricke him any more telling him he had broake his head already


William White being Attested Declareth that he did see Samuell Baker in ye night near James Brownes and asked him what he did there att that time of night who told him he stayed for ye tyde then he asked ye said Sam" where he lay all night he told him in his Canow And Invighting him ye said Sam" to lye att his house he answered he would first call his mate this deponent asked him where he was he answered that Samuell Rowland had beat them both and almost killed him.


Lidea Wade being Attested declareth that Samuell Noyes Borrowed a Canow of her Husband to Carry a Calfe to Thomas Wither and Said" Baker going with him, When he came back againe Complained that Samuell Rowland had knockt him downe with ye flatt side of ye Paddle and beate him Uppon ye


99


CHESTER COUNTY, PENNSYLVANIA


Stomacke Butt ye said Sam" Baker told this deponent he knew not what he did to him when he was downe and further this deponent saith that ye said Samuell Baker did often say in her hearing that if he did dye the Blowes he received from Samuell Rowland would be ye Cause of his Death.


Robert Stephens being Attested declareth that Samuell Row- land and Samuell Baker did drink together att John Hodskins where they shooke hands together in way of friendship as he doe suppose And after he did see ye said Samuell Baker Drunke att Philadelphia.


William Goforth being Attested declareth yt Samuell Row- land came into John Hodskins where meeting with Samuell Baker he was desired to drink to Samuell Rowland and be friends which ye said Baker did some time after


The Petty Juries Verdickt


Wee finde Samuell Rowland Guilty of ye Indiektment charged against him likewise yt Samuell Rowland be kept safe untill Samuell Baker be throughly recovered againe likewise yt Samuell Rowland shall pay all ye Damage y' Samuell Baker shall suffer through his abuse with Cost of Suite


Hereupon Judgment is granted and that the Defend finde Security for his good behaviour and appearance att next County Court or goe to Prison


George fforeman and James Browne became bound for the Prisoners good behaviour & appearance at ye next Court


JAMES STAMFIELD PIt upon a former action of Trover




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