USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVII, 1600s > Part 10
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The Decleration & Complaynt of John Rice | (senior) | Jnhabitant of the Towne of Warwick in ye Colloney of Rhode Jsland & Providence Plantations &c: Plantiff against Gabish · Greene, & David Greene (the sons of James Greene of Potao- mitt) in sd Warwick Towneshipp and Phillipp ffittaplace who Resideth in sd Warwick Towneshipp; Defendant, sheweth & Complayneith, That they the said defendant, upon the seven- tenth| day of December i697 did in the woods take up sev- erall swine belonging to the Plantiff & which were the Plan- tiffs Proper Right & them drove away; they being to the Number of foure swine; The which said swine; all of them the Defendant hath detained, & yet doth detaine from the Plantiff to the Plantiffs Damage Eighteene pounds sterling ; Whereupon the Plantiff is forced bring this his action of Tres- pass to this Honnored Court for justice. /
John Rice
[0586] Robert Potter aged about 32 yeares vpon his in- gadgment testifieth that some time the last winter | the yeare 96, | Saw a Swine neare the house of John Rice, told the said
[ 172 ]
Rice that his vncle Greene would claime that Swine and reit- terated the Same diuers times Said Rice answered it was noth- ing but a mistake in marking and Since this deponant being at Potaomet Saw the Same Swine there to the best of his knowledge, and further saith not, only that the Swine then had a contrary mark,
Taken vpon ingadgment this 4th of March 169g before me Sam1 Gorton Justice,
[0587] Samuell Gorton being about 25 yeares of age, and is the Son of John Gorton Seni' being ingadged according to law testifieth and Saith that last Summer was twelue moneth the Swine of John Rice haunted about his house wherby he had ocation to take notice of them and perceiuing one of them was marked on the contrary eare told the Said Rice of it who answered he had mistaken in marking of it and Said it was no absolute crop but hollow, and Since being desired by John Rice to goe to Potaomet to See the Swine doth iudge to his best vnderstanding that it was the Same Swine now in differ- ence, only the marke doth Seeme more like a crop then it did before and further Saith not ;
Taken vpon ingadgment this 4th of March 169% Before me Sam" Gorton Justice ;
[0588] These lines testi|fie An Agreement, Betwixt Samell Winsor and Pardon tilinghast philup Tillinghast, on the one party, and daniell Williams of the other party, for peace Sake and loue that I haue to my Neibours, Doe Agree and promus that the fence shall stand where it Doth now stand, six years, and you whose names are aboue Rittin, haue the liberty to joine your fence unto it, upon these Coditions as
[ 173 ]
foloweth, that this our Agrement shall make up all the Difer- ence betwixt us Relating to fenceing, and furdler| that all things let them be of what nature so euer, acted and Done in the time of our Diference and before the Diference that hath Reference to these our Afaires as to fencing shall be made null and voide and of none Efect, that if we liue, we may liue in peace untill the time Expired Agreed unto & Signed this Second of May in the yeare 1698
by | us | Pardon Tillinghast Phillip Tillinghast
[0589] To the towne of Providence Met june ye 6th: 1698 Neighbours, Whereas I am Accused with takeing in & improoveing that which is the townes Comon, in that land which I have fenced in, in ye Neck; the which if I have so done I am Ignorant off; I therefore pray the Towne that they would order the surveior to goe unto the sd land & take a vew thereof & give his judgemt thereon, & what is amiss (if any thing be) the same to Rectifie; & I will Satisfie the Surveior for his paines ;
Yo' Neighbour Sam: Whipple. /
[0590] The deposition of Hennery Matteson. aged twenty seuen yeares or there abouts. Being ingaged according to Law the deponant testifieth and saith. that hee being at the House of phillipp. Sweete in Coesett with Samuell. potter vppon the. 17.th day of december Last past. Jabiz. Greene Came in to sd House. and Called the deponant and sd Samuell. potter to see and Looke vppon a sowe then in a penn neare to sd house and desired vs to take notice of sd sowe and wee disserned it to bee
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newly marked with a forke on the Right eare. and further saith not.
Taken. Agust. ye. 211. 1698.
Before mee John. Heath. Conseruater (Verso)
Papers Concerning the Case betweene John Rice & Gabish Greene Tryed at Providence. /
[0591] Warwick this 7th day of September 1698
John Nickols being aged twenty years or there abouts liu- ing in Warwick in Coloney of Rhod island and prouidence planttations being Jngaged testifieth as falloeth that last fall was twelve months or there abouts, | my | brother William and my self being in the woods looking for a bore which was run away from my father came to the house of John Riss where his son Randall now dwelleth and near the dore we saw a parsel of young swine and one of them being marked vpon the con- trary Eare to, | the | rest the sd | Riss sd his sone | Randall being at home he and we were spakeing concearning sd swine where vpon my brother william asked Randall Riss the reson why that swine was marked contrary to the rest sd Ran- dall Riss answared that they marking there swine thrugh a mistake did set the marke vpon the wroung Eare
Taken before me in Warwick the day and year abouesd Randall Holdon Justice
[0592] Wheras wee John Greene deputy gouerner Joseph Juincks asistan|t| Stephen Arnold asistant & Beniamin asistant being met this 5th of Nouember 1697 at the house of Capt peter Greene in warwick upon information positiue by m' John war- ner that hee is credibly informed that zerubabell westCote is endeauoring to take out Execution notwithstanding the apeale
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made to the honored Generall asembly which should haue been the 27th of october last past| 1697 by m' John warner aturney to Abraham Lockwood of warwick| defendant in answer to zerubabell westcote plantiffe concerning| A six aker Lot wheron the said abraham Lockwood dwelt as thee Records will more at large declare & the sayd John warner acordingly did atend in our knowledg to prosecute sayd apeale at the time & place apointed at warwick but so it was that when the sayd asembly was rated there apeared onely Captain| Nathaneell Codington & Capt Joseph Sheifeild asistants of the maiestrates besides ourselues abouesayd which in all was but six which not being the number apointed by the kinges majestie in our Charter his sayd majesties generall asembly fell therfore our opinion is that forasmuch as sayd Court failed through some asistants disapearing which is not onely preajuditiall to the abouesayd apeale but also greatly to his majesties interest and for as much as bond was giueen by the defendants aturney & nothing done therin Therfore this is in his majesties name william the third of England Scotland france & Jreland kinge &c to prohibit all jnferior officers & ministers of Justice either the shreife or deputy| shreife of this his majesties Coloney or such others to execute ther on as they will answer the Con- trary at their perill untill there bee A legall determination of sayd apeale : giuen vnder our handes & seals the day & yeare abouesayd & therfore doe hereby authorize & jmpower in his majesties name m' John Carder Constable of warwicke if oca- sion bee as aforesayd to publish thee same & see that his majesties peace bee kept
John Greene deputy gouerner L. S.
Joseph juincks asistant L. S.
Stephen arnold asistant L. S.
Benjamin Smith asistant L. S.
23
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[0593] This 6th of desemer i698 it beeing the day opoynted for Toun Councel meting
The Councel is in beeing William Hopkins Choseun Clark for the time presnt
this day Sarah Hopkins hath presented the Last will and testement of her husband Thomas Hopkins desesed to Gether with An inventary of the Estate of the aforesayed Thomas Hopkins: and hath made oath before the Councel it was the Last will and Testement of her desesed husband Thomas Hopkins and Likwyes that shee had brougt before the Apri- zors all the whole Estat that shee knows of: Joseph Staford and Abel poter Came beefore the Councel and made Oath as witnesis to the saied will Roger burlingam and Joseph Staford hath made oath as witnesis to the jnventary Moses furman hath this day made Oath that he saw Thomas Hopkins of mashantatick signn and sel the aforesaid will and that the said Hopkins was in his parfict senc and memory when hee signed the same
(Verso)
desember the 6th. 1698 The Council of war beeing sum- oned Are met and in beeing whar as Mr Joseph williams John Sales and Gorge potter haue Complayned to the Council of war consarning four Guns being takun and with held from them for aboue a twelue month [ ]ontrary to Law by Thomas burlingam : The matter hauing bin by both parts spred before the Counciel : and the Counciel fiending the guns to be Law- fully taken from the Indians in whose hands the guns were found : The Counciel Doth order that the owners of the guns do pay into the hands of the Counciel fiue shillings for Each| gun thre shillings of Each fine to be paied to Thomas Burling-
[ [77 ]
ham for his trouble in taking of the guns the other two to be disposed of by the aforsd Counciel of war as thay se Cause and the guns to be Returned to the owners thereof
Voted by the Councel by me William Hopkins Clark I do protest aGainst the aboue said Act as beeing Contrary to Law William Hopkins : major :
Benjaman Carpinter duth protest hee beeing on of the Coun cill| Against the said Act as beeing Contrary to Law
M' Joseph Williams and John Sales haue Apeled to the jenerall Council the meting is Ajorned to the third of januery next
The meeting of the Councill of warr is againe in beeing Januarey ye 3d: 1698
(Verso)
The Councill of Warr their Order. / about Gunns
[0594] Aprill ye 27th 1699
To the Towne of Prouidence | mett | one the quater day
wee desier the Towne to Chouse som man or men to Re- seue the 301b of the Constables which is the Towns money and to keep it for the towns vse so we Rest your nabors & ffreends
Nathaniell Waterman
Thomas ffield :
Thomas harris Samuel winsor
[0595] John Brooker of Water towne Gave in an account to be Entred on Record that he hath brought to our Towne of Providence to sell of a percell of Goodes to the value of Iolb: the sd Goods being Hatts, stuffs, & silkes, & some other small Matters as Needles &c:,
May ye roth: 1699. John Brooker
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[0596] to the town of prouidence met at the house of John Whipples ganuary the 27 - 1700
the humble petition of your freind Samuel Winsor is that you would let him lay down within the comon on the west side of moshock riuer an acre of land and tacke it up within the same so i remain your freind
Samuel Winsor
( Verso)
Granted But no damage to high & Cart ways
[0597] To Mercy Burden Serjant of Prouidence
These are to Require you in his Majestys Name William the Third ouer England &cr King, To Arrest the body of Thomas ffeild Jun': of this Towne of prouidence in the Col- loney of Rhoad jsland and Prouidence Plantations in New England & him in Safe Custodye to Keep untill he put in Baile Returnable according to Law, to make his appearance at the next Court of Trialls to be houlden at said Prouidence the second Tuesday in September next for Prouidence and War- wick; then & there to Answer the Complaint of John Hawse of said Prouidence in an action of the Case for Vndue moles- tation and Damage Done to the said Hawse by sueing and Comenceing and trying of an action with the said John Hawse for Detaineing of a mare Branded with F on the neare Buttuck; whereby the said ffeild put the said Hawse to great Charge and Expence, the which is not yet by the said Thomas ffeild Discharged, but by him still Detained from the said Hawse; where upon the Damage is Tenn Poundes Currant siluer money, and hereof you are not to faile. /
Giuen under my hand May the 30th: 1700
Thomas Olney Towne Clerk of Prouidence. /
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[0598] To the Towne of Providence met the 3ª of ffeb- rua ry| 170% by adjornemt: from the 27th of Januarey last ;
Neighbours my desire & Request is that you would be pleased to grant me leave to take up 40 acres of land on the west side of ye 7 mile line in halfe a Right which my father gave to me ; for I doe now want a place to settle on, & cannot obtaine lands other where. /
Yo' Neighb': Sam": Steere. /
[0599] To James Dexter towne sarjeant shirrif as deputy grrteing
You are in her majestys name anne queen ouer England &c: Required to Arest the body of Jacob Clarke of prouidence in the Collony of Rhoad Jisland & him in safe Custety keepe Vntill he giue in bond acording to Law to answer the Cum- plaint of Jorge Right now Residing in prouidence befoure the majestrats of sd towne on the twenty fift of jnstant july at the hows of John whipples about teen a Clock in an action of debt thirty shillings for that: sd Right Cumplaineth & saith that he wrought with sd Clarke A month & thre days in march about the yeare i700 or izoi | & yet not payed | herof ffaile you not
giuen Vnder my hand & seale this 22ª: of july | 1704 | Joseph williams Asistant :
[0600] Prouidunc Aporel the. 28.th 1701
The towne being met at the house of | M' William Tur- pine | I make, request unto you as foloeth; Gentlemen, the prouidenc of God hath cast mee hetherr among you, and I desier. not to be chargable to aney. my humble request unto
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you is, to be admited a townes man, and if your honors Will grant mee this my request, you Will ablige your Saruant John Kelly
[0601] To the Towne of Providence met this 27th of October 1701.
ffriends,
I being a Stranger Come in amongst you, & haveing ob- tained some lands to make settlement upon within your Towneshipp, doe desire of you that I may have your leave to inhabit amongst you; I hope you shall alwayes find me of a civill & peaceable demeanure; & doe also hope I shall no wayes ocation any Charge to your Towne: The which request if you please to grant I shall thankefully accept, & Remaine your humble serv.
John Mitchell ;
[0602] Whereas there is a Rate Assessed upon the in- habitants of this Collon[ ] And the Towne of Providence their part of the sd Rate is 321b: & 105: the which is speedely to be paid into the Gennerall Treasurey; And whereas the sd Towne of Providence hath omitted to make Choyce of Per- sons to proportion their sd part of sd Rate on sd inhabitants of sd Towne, whereupon the Majestrates were put upon it to appoynt persons to proportion the the sd Towns part of sd Rate by vertue of an order from the Gennerall Councill of sd Colloney; And the sd majestrates by vertue of the sd order haveing appoynted & Prest Tho: ffield sen': Elisha Arnold, and Tho: Olney sen': the sd Rate to proportion as aforesd : And the said three persons being desireous to have the knowl- edge of what Each mans Estate is that so they may make as
[ 18] ]
Equall a levie as may be, Doe hereby give Notice to all the inhabitants of this Towne of Providence to bring in writeing, a true, full, & Exact account Each Man in Writeing of all his Cattle, Milch Cowes, Oxen, & other sorts of Neate Cattle, of above one yeare old, & of all horses, Maares, & sheepe, & swine & what Cattle Else of above a yeare old, together with all improoved landes both planting lands, meaddowes, Pastures, Orchards, both as to English Meadowes & Pastures, & what is the Number of Acres of Ea[ ] both English & wild ; with what Else may be their Estates, Rateable; And to bring the same in to the said three men at the house of John Whipple upon thirsday the sixt day of Agust next about tenn or Eleven of the Clock in the day; But where there is a failure, the sd persons must Make a Guess of their Estates ;
Dated, July the 27th: 1702. / Tho: Olney sen': in the behalfe of all the afore- mentioned, Proportioners
[0603] Whereas there hath formerly been an agreement betwen seuerall persons of ye 1 3en propriators of Patuxit land as in a writing baring Date ye 27th Day of Nouember 1682 Doth appeare: And some of ye propriators of Patuxit will not Condesend nor agree to any Deuison of patuxit lands but by or according to an arbitration in ye yeare 1657 neare 27 years agoe wch they them selues haue neglected Conterary to their bonds besides. 5 men of ye 13 neuer ware bound nor Conserned in ye sd Arbitration besides may other surcomstances therein Contained Contrary to & against law which makes it all void. Therefoare we whose names are here | in | vnder writen & haue set our hands | & haue | subscribed our names & fixed
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our seales Doe all of vs here firmly bind our selues our heirs Executors Administrators & Asignes all both joyntly & seu- eraly by these presents in a bond of 1501b sterling to be payable vpon Demand vnto ye greued or molested perty or persons of vs that haue bound our selues each to ye other by this foar sd bond: That is to say payable by vs or any one or more of vs yt may or shall refuse or Deine or neglect to helpe or Defend & succour any one of these our pertners y' haue subscribed to this bond & to be at Euquall Charges in all tryals & shutes of law trubles molestations or jncomberances: That is to be at Equall Charge according to Euery mans Right or proportion yt he haue or Doe Claim in ye sd patuxit lands : That is to help to Defend & sucor one ye other against any person or persons what soeuer that shall not or will not take notice of our Deuision or Deuiding of patuxit lands nor agree with vs in pretence of ye foaresaid Arbetration but yet they will intrude & mack vse of any lands & will fall or Cut Down trees wood or timber vpon any of our lands after it is Deuided or layd out by vs or by our | order & | Consent according to our agree- ment in ye yeare 1682. now to Confirm this our bond that we haue made Eah one to other according to ye true intent & meaning of these foaresaid bonds we Doe both joyntly & seu- erly set our hands & fix our seales this 12th Day of May in ye year of our lord 1686
Signed Sealed & Confirmed in presents of us (viz)
Joseph Wasborn
joseph Smith.
This jnstrument is Recorded in
Prouidence Records in ye book
St'en Arnold L. S.
Joseph Williams L. S.
Nathaniel Waterman L. S.
Thomas ffield L. S.
Timothy Carpenter L. S.
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of Entry of Deeds or land Euedi- Silas Carpenter L. S. dences no I & in page ye 128 & 129 Beniamin Carpenter L. S.
by Tho Olny Town ye mark of X mary haris | widow L. S.
Clark ast
Arthur ffenner L. S. Peleg Roades L. S.
This is a Trew Copy of the Oridgeenall Compared thes Twenty and Nineth day of August i702 by mee William Hop- kins Asistant
(Verso)
This writing wittenesseth vnto all persons to whom it may Conserne
That we whose names are vnder writen haue layd out & Deuided all ye land that once | Did | belong vnto ye Thair- teen ancient Purchers of Patuxit lands which lieth between patuxit Riuer & the bounds of Prouidence town & from ye Salt water on ye East vnto Pace/hset Riuer on ye west: And we haue layd it out as neare as we Could Do it according vnto our Couenant & agrement that we made & signed & sealed on ye 27 Day of Nouember| in ye yeare 1682 ye which sd Deuision will plainly appeare by all ye maps Drawn forth vpon ye Compas table when ye foare sd lands ware layd out & Deuided by Captain William Hopkins our suruaior who Did it by our order in ye yeare 1688. And so now to Confirme this our Deuision. so far as it Doe agree with our agreement & Couenant made in ye yeare 1682: in witness thereof we Doe herevnto set our hands & seales
Signed & Sealed & Confirmed ye 4th of May. 1689
in presents of (viz)
Joseph jencks Asistant : 24
by vs Arthur ffenner L. S. St'en Arnold L. S.
Joseph Williams L. S.
Silas Carpenter L. S.
.
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Gideon Cralford
Nathaniel Waterman L. S.
Andrew Edmons
Beniamin Carpenter L. S.
Timothy Carpenter L. S.
John Sheldon
Steephen Arnold Juner L. S.
Mary Haris widow L. S.
Peleg Roades L. S.
Peleg Roades signed & sealed in presents of Jonathan Spreague justice.
This jnstrument is Recorded in Prouidence Records in ye Booke Called ye Booke with bras Clasps & in Page. 242 } me. Tho. Olney Town Clerk
This is a Trew Copy of the Oridgenall Compareed this Twenty and Nineth day of August 1702. by mee
William Hopkins Asistant :
A Copey of a bond of Patuxit men in ye
[0604] [ ]now all men by these presants that wee m' Geidion Crafford Samuel winsor and nicholas powre all of the Towne [ ]f prouidence in the Collony of Rhoad Jsland and prouidence plantation doe Acknowledge oure selues joyntly and seauer Ally to be in debted to her majesty her heirs and succesers the just sum of: twenty pounds Curant mony of [ ] England to be leuid upon us our heires and succesors payment to be well and truly made to the which we bind our selues [ Ju heires and succesors firmly by these [ Jnts
the A Boue Ritten Oblegation js Such that if wee the Ab|o|u'e| Condants shall well and truly in be half of her majgsty Ansur the Cumplant of Danill williams of the towne and Col- lony afoare said at the Collony hows in newport the Last tuse- day in march next jnsuing for sd williams hath Charged you
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for a forceable Entery with others upon the Lands of Danill Williams on the 18th of febearary 1703 and to Abide Judge- ment of sd Court then this oblegation shall be null and uoyd other wies to stand Jn full force and uerty against us in the Law in witnes of this oure Reiall act and deed wee haue this day this day set tow our hands and seals this 19th of febawary. 1703
James Loborey Edward Hawkns junior
Gidon Craford Samuel Winsor Nicholas powe[ ]
A true Copie Atest Joseph williams Assistant
[0605 is the original Inventory of Estate of Henry Browne of Providence, printed in Early Records of the town of Provi- dence, Vol. 6, page 221.]
[0606] To John olney towne Sarjeant thes are to Re- quire you in her majestys name anne ouer England queene &c. to giue ntice to all ye free men in the township of proui- den c| to mete togather on the 27th of this jnstant july at the hows of John whipples about teen a Clock in the foure nune it being the towns quorter day & allso to Chues three well quoli- fied men to leuie our towns part of the fiue hundered pounds Rate leuied on the Collony & allso to take Care of anne waters ther being (great Cmplaint made Consaring her & to doe any other buisness as may be for the benifit of this towne her of faile youe not
giuen Vnder my hand & Seale this i3th of july i703
Joseph williams Asistant: L. S.
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[0607] L. S. To Cap. Fran. Pope sherriff of her Majts collony of Rhoad Island & providence Plantations or to his Lawfull Deputy Greeting
You are hearby in her Majts : name Ann by the Grace of God Queen of England &c Required to Giue Timely notice To the Assistants, Justices, Conservators, & Wardens of Each Re- spective Towne in this Collony that I haue appointed a Gen- erall Assembly to be held for sd. Collony at the Collony house In Newport the First Tuesday in Jan'y. next it being the 4th. Day of sd. mº. and that in Order there vnto they do cause the freemen of there sd. Towns to meet to Geather and make Choice of such & so many Well quallified men for Deputys to sitt in sd assembly as the Law Doth Direct and the Depty. Gov. & assistants with the Rest of the Generall officers & Deputys. so Chosen are Required to Giue there attendance at the time & place aforementioned in Order to hold a Generall assembly as is afore p'mised to act & do all such Things as may be thought Expediene for her Majts. servis and the Intrest and Safty of the Collony and more perticular for the Raiseing of such Sume & Sumes of mony as may be thought Proper for the Carring on the Affairs of the Goverm'. & the Finishing the fort and putting of it, in a Suitable Way of Defence against The Common Enemy heareof ye. are not to faile as y". Will answare the Contrary
Giuen under My hand & Seal the in Newport this Eight Day of Decemb'. in the Second Year of her Majts. reigne annoq' Dom. 1703
Sam Cranston Gov.
You are to giue Notice to the Assistants &c. that they Sumons all the Late & p'sent Cunstables of there towns (that
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haue ben Concerned for the Collecting the Late 300 { rate for the fort and the 500 { rate) to make there Appearance at sd. Assembly to Giue an accot. of There Proseedings
Gentm. the Aboue is the Coppy of the Gov'. warrant To me Directed by Virtue of wch I doe hereby Summons y". to appear at time & place appointed and to act according to sd. Summons or Warrant
Gent™. Yo' Servant
9°. xb'. 1703 Newport Fran. Pope Sherriff
(Verso)
To Maj'. William Hopkins and M' Joseph Williams her Majts assistts. for The Towne of Providence
[0608] To the Towne now met upon ajurnment ye 3ª Day of february 1703 or 4
Gentlemen
Considering the many bills that are and may bee Presented to the Towne for forty foot Lots; it is Prayed that it may be ordred that no person may take a Lot that may dam- nifie Creators Pasing ouer the Riuer at wayboyset : which may be by Reason of the streame; from a Rock that Lieth upon the shore against Thomas ffeilds | house | to the | North side of Tho: Olneys house lot where on his father dwelt; | tree that stands against James Angles
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