USA > Pennsylvania > Delaware County > Upland > The record of the court at Upland, in Pennsylvania, 1676 to 1681, And a military journal, kept by Major E. Denny, 1781 to 1795 > Part 7
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James Sanderlins (Signe) The = marke of
henry hastings
Christ: Barnes
L. S.
110
RECORD OF
Nov: 12 1678.
RODGER PEDDRIK PI
HANS OELSEN Deft In an action of assault & agst battery
The P! Complaynes that this Deft wthout Just Cause has assaulted him and wth ye handle of his ax sorely beaten him the P! in ye open street & desires That the Court will make some order to p"vent & Inflict sume punishmt upon him the Def:
There being noe Testimonys and the def: utterly deny- ing the fact; alsoe the P! Refusing to sweare it The Court could not proceed to any Judgement, but doe order & Re- comend strictly, to both partees to Live quietly and for the future not molest one ye other in words or deeds; upon Penalty of seuere punishmt if hereafter itt appears con- trary ;
WALTER WHARTON Plt agst debt by acct: ye sume of 50 gilders in wheat
ANDRIES ANDRIESSN HOMAN Deft
In an action of
The deft: not disprooveing and the P by his oath in Court prooveing his acct:, The Court doe order yt Judgem: bee Entered agst the deft for 50 gilders in wheat with Costs.
FRANCIS STEEVENS P!t 1 The P! absent a nonsuit OELE COECKOEO Def: S was ordered agst him w+! Costs JACOBUS FABRITIUS PIt
parteess agreed as ye un-
HENRY SALTER Def: dersherrife Reports.
JUSTA ANDRIES Pit NEELES LAERSEN Deft
partees agreed
111
UPLAND COURT.
Nov. 12 1678.
JAMES SANDERLINS PIt
ags: JOHN EDMUNDS of maryland
Deft
The P't demands by bill from this deft. ye sume of 1200 Ib of good & merchandable Tobbacco & Caske to bee paid in Great Chaptank River in maryland on all demands after ye 10th of october 1675; as by the said bill under ye hand & seale of the deft bearing date ye 9th of June 1675 ; & produced in Court did more att Large appeare, the P !! further declaring & prooveing in Court that hee hath made seuerall Legall demands of the sd debt, and yt the same was not paid to this day, desiering that this Cort would bee pleased to grant him Judgemt agst ye deft and to allow of his attachment Laid upon a Certaine great Boate or shial- lop & appurtenances now att upland-That the same might bee publicqly sould and the Pit payed his Just due wth ye Costs ;
m" walter wharton one of the witnesses to ye sª bill being sworne in Court declared that hee was p"sent and did see John Edmundsen signe seale and deliver, the abovesaid bill of 1200 Ib of Tobbacco, to James Sanderlins ;
The Court haueing Examined into ye buisnesse, and finding the Case to bee Just, did order that Judgemt bee Entered against the deft: John Edmunds, for the paymt of ye sd. 1200 Ib of Tobbacco, or the True vallue thereof, and alloweing of ye PIts attachmt doe hereby order the vendu master, to sell the boate & appurtenances, this Courtday to the most bidders, out of wich hee to pay James Sanderlins
112
RECORD OF
Nov. 12 1678.
his debt wth ye Costs, and the overplus to bee Returned to John Edmunds or his order ;
According to the abovesd order of Cort was this day being ye 12th of novemb" by publicq outcry sould unto m' John Test, as ye higest bidder the boate & appurtenances for ye sume of six hundered and twenty fyve gilders; to bee paid in New Castle wth merchandable Tobbacco & Caske dutch wth & tarr att 8 styvers p" Ib or wth merchandable wheat at 5 gilders pr schipple att or before ye Laest of march next Ensuing, as by the Conditions of sale upon ye fyle more att Large doth & may appeare ;
James Sanderlins bound himselfe as security for ye true payment of ye abovesª 625 gilders according to the con- ditions;
PETER DALBO Plt The Inhabitants of
Carkoen hoeck Defts 1 The plt default
This action Referred till next Courtday.
The undersherrife michill Ysard this day made Returne to ye Court to haue attached belonging to hans Petersen for the fees and Charges of him ye said hans Petersen & anna Laers dochter wyfe of Benck Salung etc; vizt
6 trauers of wheat Rey and
In the hands of
andries andress" homman
1 other graine Containing about 9 schiple more 200 gilders due to hans Petersen for his Land from andries homman.
Ittem an ox in Benk Salungs hands to bee appraized by Jan Boelsen & andries homman-
113
UPLAND COURT.
Nov. 12th 1678.
Out of wch abovesd is to bee paid viz;
To James Sanderlins for payment of the Indians that whipt etc as per James his acct: ye sume of
To ye high sherrife & marshall etc
To ye Clercq etc:
8 101 :== 94 : 84 :
279 : =
HANS PETERSEN PIt 1 neither Plt or Deft appearing JACOB CLOCKER Deft S a nonsuit ordred
William Orian makeing Comp! to the Court that hee goes in feare and danger of his Lyfe, throug the threats of Jan Jansen, and ye sª Jan Jansen makeing ye same Com- plaint against Will: orian ; The Cort doe bind both partees to their good behauior & order Each to pay halfe Costs ;
Upon the Peticon of oele Coeckoe-The Court doe grant him Liberty to take up whin this Corts Jurisdiction 300 acres of Land, weh heretofore is not granted taken up or Improoved by others, hee seating and Improoveing said Land according to his hono", the governo"s Regulacons & orders.
Upon the Peticon of henry Tredway - The Court doe grant him Liberty to take up wthin this Courts Jurisdiction 300 acres of Land, wch heretofore is not granted taken up or Improoved by others, hee seating & Improoveing said Land according to his hono", the governo's Regulacons & orders.
Upon the Peticon of mathias Claassen holsteyn, The 8
114
RECORD OF
Nov. 12# 1678.
Court doe grant him Liberty to take up wthin this Courts Limitts 100 acres of Land web heretofore is not granted taken up or Improoved by others, hee seating & Improove- ing said Land according to his hono". ye governo". Regula- cons & orders ;
Upon the Peticon of Edmund draufton, The Court doe grant him Liberty for himselfe & son to take up 100 acres of Land, wch heretofore is not granted taken up or Im- prooved by others - he seating & Improoveing the same, according to his honor ye governo". orders & Regulacons ;
Benjamin Goodman p'ferring in Court a Peticon, shew- eing that hee was assigned and set ouer from m! Charles Ballard of ye province of maryland unto oele Swensen of this River to serve him or his assignes the Terme of three Jears, weh was expiered the 19 day of april Laest past, and yt ye sª oele Swensen doth still deny the Peticon! his freedom, and therefore desires that his sd master Either may make itt appeare that hee hath Longer to serve or bee ordered to give him his freedome, wth sattisfaction for ye overplus ;
The Court haueing heard what by Lasse Cock was sayed touching the premisses, and oele Swensen producing noe Indentures alledgeing that the same were Lost, Doe there- fore Judge that the Peticon" ought to be free.
Upon Request made in behalfe of Jan Schoeten, The Court doe grant him Liberty to take up a small quantity of marrish Lying att ye place called hans moensens great mill faall at ye End thereof, that is to say soe mutch as is
115
UPLAND COURT.
Nov. 12+ 1678. fitt to mowe 4 stacks of hay; The se millfall being a Run 1 that comes in ye Schuylkills.
Ordered that the Land formerly granted to Jan Boelsen, bee Reserved for the mill and that Jan Boelsen, may haue and take up in another place 100 acres of Land, To web sª Jan Boelsen did agree in Court ;
Itt being taken in Consideracon that itt was verry ne- cessary that a mill bee built in the Schuylkill; and there being no fitter place then the faall Called Capt" hans moenses faalls ; The Co" are of opinion that Either Capt". hans moens, ought to build a mill there (as hee sayes that hee will) or Else suffer an other to build for the Comon good of ye parts;
Upon the Peticon of william orian The Cort granted him Liberty to take up within their Limits on hundered acres of Land, wch heretofore is not granted taken up or Im- prooved by others, hee seating and Improoveing the same according to his honor the governo" orders and Regulacons.
Upon the Request of Ephraim herman The Court doe grant him Liberty to take up (as an addition to his former grant) the Remainder of ye Land that Lyeth between Pemibaccan & Poetquessink Creekes;
1 " Hans Moensen's Great Mill Fall," or " Run," was the present " Mill Creek " which empties into the Schuylkill immediately south of Woodlands Cemetery. In the resurvey made for Moensen, his tract is called " Orone- mink," in other documents Arronemink, and the creek "the Great Quarn Fall," " Quarn " being Swedish for mill (Wharton's Surveys, 20th Sept., 1675, Surveyor Genl's Office, Harrisburg).
116
RECORD OF
Nov. 12th 1678.
Upon the Peticon of mathew allin the Court doe grant him Liberty to take up 200 acres of Land, hee seating and Improoveing the same according to his hono", the gouerno". Regulacons and orders ;
Upon the Request of Thomas nossitur The Court doe grant him Liberty for himselfe & associates, to take up 100 acres of Land, hee settling & makeing Improovemts accord- ing to orders and Regulacons ;
Lawrens Cock this day apeared in Cort and there before the Court did aknowledge the makeing ouer a plantation & appurtenances unto Elizabeth Kinsey, Lying and being att Sachamexing, The deed by him the sd Lourens Cock aknowledged stands hereafter Recorded viz
(Copia) TO ALL XTIAN PEOPLE To whome this present wryting shall come Lawrence Cock of Sacha- mexing in Delowar Riuer husbandman sendeth Greeting KNOW yee that I the said Lawrens Cock for and in Conside- racon of certaine sume of mony to me In hand Insuerd before the Ensigning and delivery hereof by Elizabeth Kinsey1 the Daughter and heier of John Kinsey Late of Herfordsheir In the Kindome of England Deceased as alsoe for Diuers good Causes and Concidirations me the said Lawrence there unto moueing Haue Giuen Granted Bar- gned Sould Assigned alliened Transported made ouer and Confirmed And by these presents Doe fully Clearly and
1 Elizabeth Kinsey, who in September, 1691, appears to have been the wife of Thomas Fairman. Records, Land Office, Harrisburg.
117
UPLAND COURT.
Nový 12 1678.
absalutely Giue grant Bargaine sell assigne Enfoofe alien Transport make ouer and Confirme unto ye above named Elizabeth Kinsey hur haiers and assignes all my Right Tytle intrest Clayme and Porperty to a Certaine Planta- tation farme or parsell of Land Contening three hundread Acers Lying and being on the west syde of Delowar Riuer att the toune or neighborhood Called and. Knowne by the name of Sachamexing the hole diuident and quantity of Land being of Late surveyed for the Inhabatants of Sacha- maxeing in Genarall Contaynes 1800 Acres by weh Re- suruey the sheare and Intrest of him the said Lawrence Cock as being on of the said inhabatants of Sachamaxeing amounts to three hundred Acres as aboue mentoned To- geather wh the sheare and Intrest of him the said Law- rence of and to the marshes or meaddows belonging unto the abouesd Land as alsoe all and singular the houses dwelling houses Barnes stables stalls fences and all other the appurtanances now standing upon the sª Land or in anny wise thereunto appertaning, To haue and to hold the aboue said Land plantation marshes houses and premeses with all and singular the appurtanances Libertys proffits and priuiledges as also all ye Right title and intrest of him the sª Lawrence Cock therein, unto the sd Elizabeth Kinsey hur haiers and assignes unto the soale and proper use and behoofe of hur the sª Elizabeth Kensey hur haiers and assignes for Euer. And he the said Lawrence Cock his haiers Executors and administrators doth hereby Couenant to and wh the sd Elizabeth Kinsey hur haiers Executrs administrators and assignes that hee the said Lawrence
118
RECORD OF
Nov. 12 1678.
Cock att the tyme of the Insealing and delivery hereof is Lawfully seized of the abouesaid Land houseing and pre- meses and hath in his owne Right full power and Lawfull athority to sell and dispose thereof, and that she the said Elizabeth Kinsey hur haiers and assignes shall and may from hensforth for Euermore freely and quitely haue hould occupy posses and inioy all and singular the abouesª Land housing and premeses wth out anny manner of Lett hin- drance Interuption or molestation of him the said Law- rance Cock or anny other person or persons whatso Euer Clayming by from or under him the sª Lawrance Cock hereby Clearing warrinting the said Land and premeses of and against anny manner of former bargins sailes or other incumbrances whatso Euer Excepting the annuall Quit Rents, In witnes whereof the said Lawrens Cock together with martha his wyfe (whoe likewise thereunto consents) haue hereunto sett there hands and seales In Delowar Riuer this 30th day of march in the 30th Jeare of his mayis Raigne annq Domini: 1678
Signed sealed & delivered
Lawrens L Cock L S. his marke
in ye p'sence of us (signed) Edm: Cantwell
Eph: Herman John Ashton
The marke of martha Cock L S.
The Court this day ordered that Every p"son should wthin the space of twoo months, as far as his Land Reaches, make good and passable wayes, from neigbour to neigbour wth bridges where itt needs, To the End that neigbours
119
UPLAND COURT.
Nov 12th 1678. on occasion may come together, Those neglecting to forfeit 25 gilders ;
Peter Putco This day appeared In Court, and there did aknowledge to haue assigned Transported and made ouer unto harmen Jansen his heirs and assignes, all his the s. Peter Putcos Right Tytle & Intrest to a Pattent (& ye Land therein contained) from the Right honorble governo! Edm. Andros, granted unto hendrik Colman & him ye sd Peter Putco, bearing date 25th of march 1676 ; The sª Land Lying on ye north syde of the mill Creeke over against Carkoenhoeck; being bounded and Contaynes according to ye sd Pattent one hundered acres as by ye Records of Pat- tents for upland Court, wherein ye sª Pattent and the Transport att Large is Recorded more att Large doth & may apeare.
THE LIMITS AND DIVISION betweene this and New Castle County were this day agreed upon and settled By this Court and m" John Moll president of New Castle Court, To bee as followeth, viz.
This County of upland to begin from ye north syde of cele fransens Creeke, otherways Called Steenkill Lying in the boght above ye verdrietige hoeck, and from the said Creek ouer to ye singeltree point on the Eastsyde of this River ; 1
MEMORANDUM Neeles Laersen must have p" ballance from this Court ye sume of 263 gilders & noe more.
1 See note A. at end of Record.
120
RECORD OF
Nov. 12 1678.
The Court this day made the following order etc :
By the Cort of Upland.
WHEREAS for ye defraying of ye Charges of this Courts sitting as alsoe for ye satisfying of ye former debt due from this Court to Neeles Laersen itt was ordered ye Laest Court held att Upland y: 18th & 19 of June, That a small tax or Levy of 5 gilders should bee Imposed on Every Ty- dable p'son wthin this Corts Jurisdiction, wch order haueing sence Layne dorment and the Court finding themselues ne- cessitated for the sattisfying of ye sd neeles Laersen as also for to defray their Charges of meat and Lodgeing att their sitting, Doe therefor the novo order that Every Tydable within ye Jurisdiction of this Court, who haue payed their Levy Laest Yeare doe wthin the space of 14 dayes now next Ensuing com and pay Each of them 5 gil- ders as formerly, and that they bring ye same unto Tin- necong1 Ysland in ye hands of m' otto Ernest Cock ; This order to bee published & fixed up att ye Churches of wicaco & Tinnecong to ye End noe p'son may plead Igno- rance ;
Complaint being made to ye Court by James Sanderling In behalfe of ye Rest of ye Inhabitants of upland That Neeles Laersen wth a fence stopps up the old and usuall way to the fly; 2 and Neeles Laersen being thereupon heard, The Court ordered that sª Neeles Laersen take up ye sª fence and Leaue the way open as formerly ;
1 Tinnicum Island.
2 Swedish for a marsh or meadow.
121
UPLAND COURT.
Nov. 12h 1678.
Complaint being made by the Church wardens that Neeles Laersen has taken in (wth the Lotts of Land by him bought of dom: Lasse Carolus here in Upland Towne) some of the Church or glebb Land; 1 - ordered that Neeles Laersen shall haue his due of the 2 Lotts by him bought of se dom: Carolus Equall wth the other Lotts in upland, but for what shall bee found that sª Neeles Laersen has taken in more, hee to Leaue the same out againe annexed to ye other Church Lotts;
The Co" adjorned till 24 Teusday in ye month of march next.
ffollow on the other syde seuerall Returnes made by m" walter wharton the suerveigo! to the Court, wch are ordered to bee sent to the office In New Yorke;
The hereafter menconed Returnes were by the Surveigo! walter wharton made to ye Court viz
Copie By virtue of a warrant from the Court at upland in Sept 1677
Layd out for Michell Izard a parcell of Land called Smallgaine scituate and being on the west side of Delowar Riuer and one the North East side of Stilles Creek begin- ing at a Cornor marked Poplar standing att the Creeke side being a bounded tree of the Land of Anthony nielson (alias) Long and from the said Popler Running n: E: by n: by a Line of marked trees diuiding this from the Land of sayd Anthony twoo hundred perches to a Corner marked
1 See note B at end of Record.
122
RECORD OF
Nov. 12th 1678.
Chestnut tree standing att ye southwest side of Crum Kill from thens west by a Line of marked trees one hundred forty and fouer perches to a Corner marked white oake from thens S: W: by S: by a Line of marked trees one hundred sixty and fouer perches to a Corner marked white oake standing att Stieles Creek and from thense following the seuerall Courses thereof to the first mentoned bounded Popler Containing one hundred Acors of Land surueyed by me
(Signed) WALTER WHARTON Surveig!
Copie By uirtue of a warrant from the Court at upland in Sept: 1677
Layd out for Anthony nielson Alias Long: A parcell of Land Called Long scituate and being on the west syde of Delowar Riuer: aboute a myle from the Riuer side be- tweene Crum Kill and Stilles Kill begining at a Cornor marked Read oake of the Land of niles matson standing at the S: W: side of the Crum Kill and from thense Run- ning up the said Kill bounding therewith n: w: sixty and two perches n: E: 13 degres one hundred and Eighty Per- ches & n: w: by w: sixtene Perches to a Cornor marked Chestnutt tree standing At the side of sayd Creeke from thense s: w: by s: By a Lyne of marked trees two hundred Perches to a Cornor marked Poplar standing at Stilles Creke from thense downe Stilles Creek bounding therewith South by East forty Perches and South East one hundred and seauen perches to a Cornor marked Read oake of the Land of Dom Laurencies Carolus at the side of Stilles
123
UPLAND COURT.
Nov. 12 1678.
Creek and from thence north East by a Line of marked trees seuenty and fower Perches to the first mentoned Cornor oake Contening one hundred Acrers of Land
Suruied by me
(Signed) WALTER WARTON Surv
Copie By virtue of a warrant from the Court at upland
Layd out for James Sanderlands and Lawrence Cock a Tract of Land Called Poat-Quessink, scituate and being on the west of Delowar Riuer begining at a Cornor marked white oake standing att the north East side of the mouth of Poat Quesink1 Creek and from thence Runing by the Riuer side bounded therewith north East ninety perches and East by north Two hundred forty and six perches to a Cornor marked Pine standing att the Riuer side from thens north weast by a Line of marked trees three hundred perches to a Cornor marked spannish oake standing att the side of the maine Runn of the said Creeke and from thence followeing the seuerall Courses of the said Creek to the first mentoned Cornor white oake Contening fouer hundred and seuentene Acres of Land surueyed the 8th day of actober 1678.
By me (signed) WALT. WHARTON Surv.
Copie By uirtue of a warrant from the Court at upland
Layd out for Pieter Rambo Junior a Tract of Land
1 Poquessiuk.
124
RECORD OF
Nov" 12th 1678.
Called Rams Doep scituate and being on the west side of Delowar Riuer and on the north East side of Pemippackes 1 Creek begining at a Cornor marked white oak standing on a point of firme Land next unto the mouth of the said Creek from thence Running (by the Riuer) north East fifty perches to a cornor markeed Read oak standing by the Riuer side from thens north west by north by a Lyne of markeed trees three hundred and tenn perches to a cornor marked white oak from thens by a Line of marked trees, south west by west Eighty perches to a cornor marked Read oak standing att the side of the said Creek and from thens downe the seuerall Corses of said Creek to the first mentoned white oake Contening three hundered Acres of Land Suvyed ye 12th day of october 1678
By mee (Signed) WALT: WHARTON
Surv! Copie By virtue of a warrant from the
Court att upland nouenber 1677
Layd out for Jacob Hendrickson a parcell of Land Called Jacobs Lott scituate and being on the west side of Delowar Riuer and on the north East side of the Crum Kill begin- ing att a cornor marked white oak standing att the side of the said creek or kill being a cornor tree of the Land of the orphants of Hendrik Johnson from thense Running n: E: by E: by their Line of marked trees two hundred and fourtene perches to a cornor marked white oak stand- ing in ye said Line from thens n: w: by n: by a Lyne of
1 Pennepack.
125
UPLAND COURT.
Nov 12th 1678.
marked trees one hundred perches to annother marked white oak standing on a Leauell from thence south west by w: by a Lyne of markeed trees one hundred and fifty and two perches to another cornor marked white oake standing att the side of the said Crumkill and from thens following the said creek or kill to the first mentoned white oak contening one hundred acres of Land surueyed
By me (signed) WALT: WHARTON
Surv!
Copie By uirtue of a warrant from the Court at upland
Layd out for Henry Hastings a parcell of Land Called Hastings hop1 scituate and being on the west side of Delo- war Riuer a myle abouee Poat quesink Creek : Begining at a cornor marked Pine standing by the Riuer side being a corner bounding tree of the Land of Jeames Sanderlands and Lawrence Cock : and from thens Running East by the Riuer side one hundred and Eighty perches to a cornor marked Read oak standing at the uper side of the mouth of a small branch from thence north northwest three hundred and forty and one perches then west south west one hundred perches to a cornor marked spannish oake of sayd James and Lawrence and standing att the side of ye maine Runn of Poattquessink Creek and from thence S S E: by their Line of marked trees three hundred Perches to the first mentoned cornor marked Pine at the Riuer side Contening two hundred acres of Land : surueyed ye 10th of october 1678.
By me (signed) WALT: WHARTON Surv.
1 Hope.
126
RECORD OF
Nov. 12: 1678.
Copie
By vertue of a warrant from the Court att upland
Layd out for John Test a tract of Land Called the hoop- well of Kent scituate and being on the west side of Delo- war Riuer and on the south west side of upland Creek Begining att a Cornor marked black oak of the Land of albert Hendricks Called Lemoky standing att the side of the sayd Creek by the mouth of a small Runn from thence Running south south west up the said Runn one hundred and thirty and six perches to the head thereof and from the head of the said Runn south west one hundred and fifty and fiue perches, by a Line of marked trees to a cornor marked black oak of the Land of markers hookill' from thence west south west by a Line of marked trees Eighty perches to a cornor marked white oak from thence north north west two hundred & sixty and six perches to a cornor marked black oak from thence East north East by a Lyne of marked trees twoo hundred ninety and six perches to a cornor marked Poplar standing att the side of a small Runn : from thence East South East downe the said Runn twenty and two perches to the maine Creek and from thence downe along the said Creek to thee first mentoned black oak Contening four hundred Acres of Land surueyed the 27th day of Sept 1678
By mee (signed) WALT: WHARTON Surv. Nov! y: 12th 1678;
Then was sould by order of the worpp! Court, att up- land, by Publicq outcry, unto John Test a Certayne great
1 Now Chichester Creek.
127
UPLAND COURT.
march ye 12 1678.
Boate or siallop Lying att upland & attached by James Sanderlins : The sd boate belonging unto John Edmunds of Chaptank in maryland, was publicqly sould to him ye sª. John Test as ye most bidder, for the sume of six hun- dered & twenty fyve gilders, to bee paid in New Castle att or before ye Laest day of march next wth Tobb. or wheat att prys Courrant The purchazer was to pay halfe Charges of the vendu master & Cryer etc;
Att a Court held att upland in Delow" River by his maytes authority, The 12th & 13th dayes of march 167§
MR PETER COCK
MR ISRAELL HELM
psent MR OTTO ERNEST COCH Justices MR LASSE ANDRIES
CAPT. EDM: CANTWELL High Sherrife
WILLIAM ORIAN PI
JOHANNES D'HAES Def:
Johannes De haes producing in Court ye old or former booke of ye P! william orian, and prooveing by the oath of doctor Thom: Spry (whoe had Laest yeare posted ye sd old booke, for ye sd orian into a new booke) That all what was more in ye new booke, then was found in ye old, was Laest Jeare by him ye sd Spry set downe att ye request of se orian whoe then did tell him ye same by memory, and prooveing also by the affirmacons of Tho: woollaston & others, that all or most parts of the accompts in ye s.
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