USA > Rhode Island > Providence County > Providence > The early records of the town of Providence, Vol. XVII, 1600s > Part 13
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[0644] To the Gentlemen the Properiators of Prouidence Conuenied at the house of M' William Turpin at Prouidence in the Colony of Road Jsland and Prouidence Plantations the 22ª : of February 1706
Gentlemen we whose names are herunto subscribed Being A Comitte of the Properiators of Westquodniuk being Jnformed that some of you have begun to Lay out Land on the southern side of the Northern Branch of Pautuxit Riuer that Cometh out of Punhanganset Pond and lying on the northern side of warwick north Bounds wch : land is the Properiaty of us the sub- scribers and the Rest of Our Partners we do therfore in our Own behalfs and also in the behalf of the Rest of our Pertners forewarn and forbid you or any of you to make any Jmproue- ment of sd land as hauing no Right therunto as witness our hands this 21st: of February 1706
Sam1 Cranston West Clarke
Rob': Gardiner
John Rhodes Simon Smith
(Verso)
To the Gentlemen the Properiators of Prouidence Con- uenied at the house of M' : William Turpin at sd Prouidence the 22ª: of February 1706
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[0645] Whereas there is a percell of land lieing & being within the Towneship of Providence & adjoyneing to the north- earterne part of that Tract of land which the Towne of Provi- dence made over unto Edward Jnman and his Associates, And lieth betweene Pautuckett River & a Percell of land which is a part of the aforesd Tract of land by sd Towne Made over unto sd Edward Jnman & his Associates, & was laid out upon the Hill Called Wansokutt Hill; And whereas the said Percell of land so lieing betweene sd Pautuckett river & sd Edward Jnman & his Associates their land hath not yet been disposed of by the Purchassers & Proprietors of sd Providence to any Person ; And Capt": Richard Arnold & | Ensigne | Samuell Comestock both of sd Providence haveing some yeares made some improvement of said land by building & settling thereon, with other Manufactions on said land; And haveing Made request unto the Purchasers & Proprietors of sd Towne of Providence for a Grant of the sd Percell of land unto them the said Richard Arnold & | sd | Samuell Comestock; The Pur- chasers & Proprietors of the lands & Plantation of the sd Towne of Providence haveing taken the matter into their Consideration, & haveing well Weighed the Circumstances, considering the said Richard Arnold & the sd Samuell Come- stock haveing made a settlement there, by placeing severall familyes on sd land, the wch to Remove off from sd land would be to them very detremental & greatly to their Damage; And the sd Richard Arnold & sd Samuell Com stock & those others by them there settled being now in their way by Prope- gating of a Saw Mill & other improvements | of their time | which they may Exercise themselves in, which may be for their owne advantage, & also the benefitt of said Towne, where- upon the Purchassers & Proprietors of sd Providence Doe now
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Grant unto the said Richard Arnold & Samuell Comestock that said Percell of land so lieing as aforesaid betweene sd Pautucket River & sd land of Edward Jnman & Associates, to be unto the said Richard Arnold & Samuell Comestock, their Heirs & Assignes for Ever, Alwayes Provided, that the sd Richard Arnold & Samuell Comestock, their Heirs & Assignes doe Claime & hold sd land at all times by a Title from the Purchasers & Proprietors of sd Providence, And if that at any time any intrusion shall be made by any Persons upon sd land ; Then that the sd Richard Arnold & Samuell Comestock their Heirs & Assignes to defend the Title thereof at their ownc Proper Cost & Charge. / The which sd Percell of land so Granted, is bounded on the Easterne & Northeasterne Parts with sd Pautuckett River, on the Westerne Part with sd Jnmans | aforesd | land on Wansokutt hill, & on the southerne & southwesterne parts, Partly with sd Jnman & Associates land & Partly with land which sd Richard Arnold | formerly | tooke up upon a Right in sd Providence; & on the Northerne Part bounding with that River which Runneth by the North part or End of said Wansokutt Hill & so falleth into Pau- tuckett River. /
This above written is by the Purchassers & Proprietors of Providence Granted at their meeting Aprill the 14th: 1707. /
This above written is Recorded in Providence Records in the | booke | for Entry of Deeds or land Evidences Number two, & in Page 74.
Recorded Aprill the 25th; 1707: @ Tho: Olney; Clerk. /
(Verso)
Capt": Arnold & Ensin: Comestocks Grant of land at Wan- sokutt ; / Recorded,
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[0646] Whereas Co": Dudly Gov' of the Masathusett Bay in New England hath signified to this Collony Now Assembled that their Gen'll: Assembly at Boston sitting 6th of November 1706, upon the Complaynt of some of Mendom against some of Providence, that upon Pretence of Title of lands lieing Within their Province, & perticularly those that are signed to ye Towne of Mendom, & have desired him to appoynt that Certaine Comissioners may be sent to renew the Antient line of their Province settled sixty foure yeares since by sworne & approved surveiors, And accordingly Nath11, By- field & Nath": Paine Esq's: M' Nath" Blagrove Maj' : Sam11 Tharcher & Capt: John Wares or any three of them are ap- poynted & impowred in answer to sd act of Gen'll Assembly in Boston beareing date as aforesd.
Be it Enacted by this Assembly & ye Authority hereof, & it is hereby Enacted that Comissioners shall be Chosen out of our Government, to take an inspection into what said Com- issioners shall doe on yt survey, And if sd Comissioners take their departure Right, then to Runn with them, that so a peace may be Continued betweene them & us; But if other Wise to forwarne & forbid them, & Cause them to desist; And in spe- ciall if they shall run their line across the River that is Called Pautucket or Blackstons River & so to Enter on ye lands of Providence Towneshipp which they hold of or from this Col- loney ; And also to Runn our North line betweene them & us from Pautuckett ffalls to mete with the south line of the Masa- thusett ; Wee therefore appoynt & Authorise M' Thomas Olney Capt : Joseph Jenckes Capt Richª: Arnold, Mr. Jonathan Sprague, Major Randall Holding & Capt: James Carder, or the Major part of them. /
Copped : Aprill ye 28th : 1707; } Tho : Olney Towne Clerk. /
[ 22] ]
[0647] To M' Joseph Williams Assistant & Cap': Thomas ffenner justice of ye peace in Providence in ye Collony of Rhode Island & Providence Plantations,
Whereas information & Complaint hath been given & Made unto us by Mr Richª, Greene Assistant & Capt" Simon Smith Attorney Gennerall & justice of ye Peace, that they with some others, by order of ye Proprietors of Westquad Nauge persu- ant to an Act of ye Gennerall Assembly of this Colloney (Granting a Towneshipp of sd Propriety) was Orderly & Peaceably Endeavouring to make an Exact survey of sd Pro- prietye & Purchass | so | as not to intrench upon any other Towneshipp or Purchass before Granted by Act of Assembly. but was by you under Pretence of aforce Apprehended as de- linquents and Comitted Prisoners into your Towne serjants Custody &c.
Gentlemen, Wee thinke it very Eregular in you to Proceed in that Nature under Colour of Authoritye against two of ye Gennerall officers of said Collony, for had they in their survey intrenched upon your Purchase or Towneshipp, you ought to have laid ye same before ye Gennerall Assembly from whome they had their Power, that they Might have Rectified what Might have appeared amiss, or have taken a legall Course of law, if they had Trespassed against you, or upon you.
The Premisses Considered, & upon ye Request of said Greene & Smith, wee Can doe No less than Cite you & doe hereby order you to appeare before ye next Gennerall Assem- bly at ye Election to Answere said Complaint, & to shew Rea- sons, if any you have, for your vnwarrantable Proceedure (as it doth appeare unto us) & that in ye meanetime you aquitt & dis charge the sd Greene & Smith & others from their Confine- ment & other Obligations. /
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Given under our hands & seales in Newport this ist of May I 707./
[L. S.] [L. S.]
Samu" Cranston Go': Walter Clarke dpt Gour:
(Verso)
A Coppye of ye Gounr: & Deputy their summons. /
[0648] Whereas there is an Expectation that by some Persons there will be some intrusion made upon the lands of our Towne of Providence in the Northerne Part of our Planta- tion, therefore in Order for a Preventing of the same the Pur- chassers & Proprietors of the lands of sd Towne of Providence Doe Grant unto Major William Hopkins, Capt": Richard Arnold, M' Jonathan Sprague, M' Joseph Whipple, & Ensigne Samuell Comestock to have one Thousand acres of land laid out unto them in the Northerne Part of our Towneshipp, all of them to be Equall sharers in the same, & the same to hold by vertue of a Title from the Purchassers & Proprietors of said Providence, And to vindecate said Title at their owne Proper Cost & Charge against all intruders whatsoever, & the same to defend by all lawfull Wayes & Meanes; Endeavouring to the best of their vnderstandings, so farr forth as they Can, or May, to Prevent any intrenchment upon, or inroade to be by anp Person or Persons whatsoever intrudeing made into any Place of the Northerne part of sd Providence Plantation And that the sd Thousand acres of land shall be laid out Northward from that River which Runneth downe by the Northerne End of Wansokutt Hill And no Nearer southward towards the salt Water Harbour in sd Providence Towne than the Place where sd Samuell Comestock once on the Northerne side of sd River fenced in a yard, or to say inclosed a small Piece of
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ground, And from sd spott of Ground or yard a line to be drawne to lead away West, & sd Thousand Acres of land all to be laid out North from said line; And that of the sd thou- sand Acres of land, there shall Not be less than Two hundred acres laid out in one Percell ; And that Capt": Thomas ffenner and Capt": Samuell Wilkinson (Surveiors) are by ye Purchas- sors & Proprietors of sd Providence appoynted & ordred to lay out said land unto sd Persons; And that the said Persons shall stand to the Matter & opose all intruders who shall attempt to breake in upon the northerne part of sd Plantation of sd Providence in any place thereof, & by all wayes & meanes lawfull to Maintaine & defend the Title thereof for & to the vse of the Purchassers & Proprietors of sd Providence, & the matter to persue to Effect so farr forth as they Can or may ; But if they shall moete with such discouragements, & obstruc- tions whereby they shall see Cause to decline the matter & desist from further prossecuton therein, then all the aforesd land so granted shall returne againe & be unto the unto the Purchassers & Proprietors of sd Providence as it was before sd Grant was made; But if they shall Persue the matter & Prossecute | the same | to | a | full Period as Premised ; Then all the sd Thousand Acres of land shall be unto the said five persons to them their Heirs & Assignes for Ever.
At a Towne Meeteing may ye 19th 1707 the above written Instrument is by the Purchassers & Proprietors of Providence Granted, and is by the abovesd five Grantees accepted Before Joseph williams Assistant Thomas Fenner Assistnt
us
(Verso)
The Northern Grant to ye 5 Persons. /
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[0649] To ye proprietors mett this 4th day of ye 6th mo: I 707 :
Gentlemen,
Wheras this old Divideing Line of Contention, wch hath been heild in hand aboute 66 yeares in suspension ; [ thereby accrueing dammages & Charges | to | many, already :] The wch by ye acct of some, is Like to be suspended so much Longer time, before it be finnished: The one reason for it is ; yt Though it is readily granted yt ye Centre of ye 7 mile is, & must be yeilded to be pitch't, or sett, due west from foxes hill ; And so Consequentally from thence to be runn due north vnto wanasquatuckett River, for ye divideing Line to be made. But yet ye Query is, from ye sd Centre of 7 mile from foxes hill ; vpon wt poynt of ye Compass must they steer to, to Come to | the | southermost extent of o' plantation; whether it be meant south-east & by south as some pretends; or south-west & by south, as others doe say ; or due south from ye sd Centre of 7 mile. since it is apparent yt a due south Line (from ye sd Centre of 7 mile) will not come within a mile | so high | as punhunggansett Brook. And whether then ye measureing due south from ye sd Centre to ye first Brook they Come to, wch will be ye Branch yt comes out of Mushasacutt pond (though made bigger (there,) by other Brooks & sinks y' comes into it,) must be deemed to be ye souther-most Extent of or plantation ; thereby Answering ye Ancient Agreement made with pautuxett men in ye Combination.
Since ye Conclusion of all sides is, That neither ye form", nor ye Co-laterall Committees, did ever take vpon them (in any of there Transactions) to make voyd yt Ancient standing Agreemt, The wch hath been accounted, to be of force & virtue among vs, aboute 66 yeares.
[ 23] ]
And since it hath been uscall with vs (as from ye begining wth vs,) to have five men to be or Trustees for ye ordering such Affaries: And also since, ye Late Committee have (in soe Long a time) Effected nothing (yet,) in ye Trust reposed in y' Affaire : Jt is thought fitt yt two men more be added vnto those 3 all- ready Chosen, to goe thorrow wth ye buissnes in hand (y' hath been so Long a time suspended) & see it accomplished, accord- ing to yt (Ancient) Agreement made with pautuxett men, in ye | sd | Combination.
And furthermore we humbly conceive, That since there is no mention made by ye Committee in their Agreem' wth pau- tuxett men vpon w poynt of ye Compass they was to steer, in running ye Line (at ye head of ye 7 mile (& no further) to the Extent of or plantation southerly ; Jt yet remaines in ye power of ye proprietors to decide, by a Casting vote, how it should be determined, & where to runn ye head Line.
Remembering w ye Constitution, & Resignation of m' wil- liams | his | purchasse was, | (to witt) | That ye major part of those y' should be Admitted into ye fellowshippe of voateing, [ &c : had pow' to ord' & | dispose | ye same.
And also not forgetting, That so farr as ye pautuxett men doth Claime a #ticular proprietie (to them selves) to be di- vided from ye Gen"]] Common of ye Towne ; so farr ye pautuxett River was, '& is to be deemed, ye Souther-most Extent of or plantation to divide wth ym. According to ye first Article in ye Combination . wch saith, And so to divide beyond ye Towne of Mashapauge between ye two Rivers pautuxett and wanasqaut- ttuckett of an Even distance.
Joseph williams Thomas Fenner William Randall Joseph Whipple
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[0650] To ye proprietors mett this 4 day of ye 6th mo: 1707 : Gentlemen.
Whereas this Long suspendant Line of pautuxett, (wch was form'ly begun to be run, & sett 7 mile,) yet still re- maines vnfinished vnto this day; And in ye vacancy of wch time of suspendancy, Landes have been Layd out vnto divers persons Concerned : though (doubtles) Aymeing to have such regard, as not to entrench (any wayes) besides ye due extent of 7 mile from foxes hill: Agreeing to form' order Concerneing it. But yet since ye suspendancy hath been soe Long Contin- ued, before finishing ye same, through great neglect Concerne- ing it so Long a time: And y' Least therevpon, any veriation should happen to be (to ye damage of any Concerned) in ye further proggress to be made in ye Buissness, (wch is sd to be, near at hand) now approaching
Jt is thought ffitt, (therefore) for ye Avoyding of further (future,) Contention ; yt it may be determined (before further proggress be made in ye finishing work now in hand :) y wt Landes have been Layd out (form'ly) to any, on ye East side of ye 7 mile, shall stand good to them & theirs for Ever - not- withstanding.
And yt ye Line intimated, is vnderstood to be, a due north & south Line, to be run, at ye head of full 7 mile sett front foxes hill.
The want of wch pformance Long agoe ; some | persons | hath been (accounted) to be in jeoperdy of Looseing their Landes, though Quietly possessed, aboute 10, 20, 30, 40, or 50 yeares wth | out | any Lawfull molestation.
[0651] To M' Nicholas Lange Sheriff of her maj's Collony of Rhode Island & Providence Plantations, his Lawfull Dep- uty or Deputyes. /
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You are hereby in her Majtis Name Ann, Queene of Eng- land &c: Required to summons Joseph Williams of the Towne of Providence in ye Collony abovesaid, Esq'; to make his law- full appearance at ye next Gen"" Court of Trialls to be holden for this Collony at Newport the first Tuesday in September next Ensueing ye date hereof, to answere ye Complaynt of Richard Greene Esq' & Capt" Simon Smith, yeoman, both of ye Towne of Warwick, in ye Collony abovesd, Trustees for y" Proprietors of Westquodniuk in sd Collony, in an Action of ye Case for vnjust Molestation as will at large be set forth by declaration to be fild in Court; Damage two hundred Pounds Current Money of New England ; hereof faile not, & make a true Returne of this summons; Given vnd' my hand at New- port ye tenth day of June in ye sixth yeare of her Majtis Reigne Annoqe Domj 1707. /
Wes Clarke Recd'. /
I doe hereby Constitute James Dexter Towne serjant of Providence to serve this summons & make Returne according to law; June 14th 1707
Nichos Lange Sheriff
A true Coppye, ? Atest by me James Dexter Deputy Shrieff
(Verso)
A Coppye of a Summons. /
[0652] providence July 28th 1707 to the pvrchisers and propriatores of the landes in thiee towne shipe. Whare as thare is vacant landes in the northerne partes of this towne shipe vnlayd ov|t| my desire is that you would be pleased to give me leave to Take vpe of the same two hundread acres to imeprove for my vce and in so doing I ramaine yovres to sarve
Eliezer Arnold
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[0653] [L. S.] where as there is great ocation for the purchasors and propriators of prouidence to met togeather to Concider of some orderly way for the Raiseing of Such Summ or Summs of money as shall be thought sofitiant to Defray the Charg that hath allready bin and such further Charg as is now uery likely to be Jncresed upon us: as allso for the more Speedy Setting forward of that line allready agreeed upon by the purchasors of said prouidence and same: men of pautuxett in partting of their land
These are therefore Jn Her Majesties Name Anne Queen ouer England &'c to Requier you James Dexter Town Serjant forthwith on Sight hereof to warn all the purchasors and pro- priators of Said prouidence to met to geather at the now Dwelling House of william Turpaines in prouidence on the first munday in Agust next Cuming after the Date Hereof which will bee on the 4th day of the munth then and there to order about the aboue Resighted busenis
Giuen under our hands and Seales this 28th day of July - I707
Joseph Williams Assistant Thomas Fenner Assistant
[0654] To James Dexter towne Serjeant grreteing / you are her by in her majestys name Anne queene ouer England &c' Required to giue all the free men of this towne notice to mete to gethar on the 27th of this jnstant August at the howse of m' william terpeins about teen a clock in the fore noone to Chose two pety jury men & one grand jury man to set in the genarall Court of tryials the first tusday in September next At the Collony howse in Newport her of fail you not /
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Giuen vnder my hand & seale the 7th of August i707)
Joseph williams Asistant
[0655] At a quarter Court Aprill ye 27th 1660. /
Ordred that six men shall be chosen to goe nex second day come seven Nights & set the bounds of our Plantation Twenty Miles from ffoxes hill Westward up in the Countrey. /
Thomas Walling, Henry Browne, William Harris, William Wickeden, John ffenner, & Thomas Roberts are the men Chosen to set the boundes of the Plantation as aforesaid. & shall be paid out of ye Common Charge foure shillings a piece ₱ day for every day they are out; And that they shall hire one Jndian for a guide on ye Townes Charge. /
Coppied out of Providence Records, August ye 28th: 1707, ₱ Tho : Olney Towne Clerk. /
(Verso)
An order to set ye bounds of ye plantation 20 Miles
[0656] To James Dexter towne sar|jvant / | greteing | you are her by in her majestys name Anne quene of grate Britan Required to giue; notice to all the free men of this towne of providence to mete togethar on munday next ate the hows of M' william terpines about teen a Clock it being the towns quarter day the 20th : 7 of this jnstant to act & doe such things as may be: for this towns benifit her of faile you not giuen vnder my hand & seale this 2i day of october 1707
[L. S.] Joseph Williams Asistant
[0657] To the worshipfull Moderater and the Rest of ye proprietors of the Town of Prouidence Conuenied at M' Wil- liam Turpins this 7th of Nouemb' : 1707
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Worthy Gentlemen we humbly Concieue that you are sen- sible of the long and troublesom Controversy that hath bin be- twixt your Propriety and Pautuxit mens in settling the Lines betwixt them the want of which hath already Cost both Partys an Jntolarabl Cost and aduantage to those that wish the wellfare of Nither And for as much as we who are the Comitte for the Proprietors of Pautuxit whose hands are hereunto sub- scribed are sensible of the good JnClination amongst both Partys of their Willingness to agree for stating and setling sd : lines there being Diuers Proposition Pro Et Contra to the same Effect the wch we Cannot Perform nor boldly | utter | our minds in untill we know who are the men you haue Jmpowered and if you have not Empowered Any as yet we Pray that you would now appoynt them and we shall be Ready to Treat and Do not Doubt but you shall find that we shall be Reasonable upon all accounts and we Assure you that we are the Comitte appoynted by Pautuxit men and haue full Power so we sub- scrib your saruants to Command
Beniamin Carpenter Peleg Rhoades
[0658] Know all men by these Presents that I Josiah Owen Jun' of Prouidence in the Colony of Rhoad island & Prouidence plantations, am holden & firmly do stand bound vnto the Majestrats of said towne in the full sum of twenty pounds of Good and Lawfull siluor money of New England to be paid unto the said Majestrats theire sucsessors or Certaine Attorney for the use of the towne of Prouidence aforesaid To the which Payment well & truly to be made & don I bind ouer & Lay to morgage a Certaine percell of Land Lyeing on the
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west side of the seauen mile Line Containeing seauentey fue acress & also halfe a share of meadow of the first deuision the which Lands & meadow I had of my father in Law Thomas Etance Jn witness where of I do heere vnto set my hand & seale this first day of December in the yeare one thousand seauen hundred & seauen
The Condition of this Obligation is shuch that if the abouc bound Josiah Owen his Executors or Administrators shall pay & Cleare all Charges that shall or may arise so as to keepe the towne of Prouidence aforesaid in damnified from all Charges or trouble as shall or may accrew by Reason of one Marcy Eastance daughter of Thomas Eastance aforesaid or the Childe that shee now goes with vntill the said Childe be boarn & Plast ou[ ] to sum place as the said majestrats shall aproue of & for shuc[ ] time as they shall think fit then this Obligation shall be void Elce the same to stand & Remaine in full force. Efect & vertue.
The marke of Josiah X Owen | jun' | [L. S.] Signed sealled & deliuored In the presence of vss Daniell Williams Nicholas Power
Know all men
(Verso)
Josiah Owen Jun's Bond
[0659] [L. S.] To James Dexter town Sarjent of proui- dence Greeteing
You Are here by in her majst name Anne Queene ouer great britan | &c | Required to giue all the free men of this town Notyce that thay meete together at the house of mr
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william turpins on tusday next the twenty Seuenth Day of this instant to meete at ten of the Clock in the forenoone it being the towns Quarters Day then and there to Do Such business as may be a benefitt for this town And for the make- ing of A town Raite to Defray town Charges hereof faill you not
Giuen under my hand and Seall this twenty first Day of January 170g
Joseph williams Asistant
[0660] To ye Towne of Providence met Aprill ye 27th 1 708
Neighbours I have laid out a percell of land which I desire ye Returne may be Recorded, but daniell Abbot seemes to make Clayme unto it, som say he hath no Right to it & I can- not git any through information from him one wayes nor another I Pray ye Towne to inspect ye matter & so order if it may be yt it may be knowne whether ye land be his or mine that so I may (if it be mine have it Recorded
Yo' Neighbour Timothy Carpenter
[0661] To ye Towne met Januarey ye 27th 170g
My request to ye Towne is that they would grant me leave to Exchange about 12 -acres of land of yt Tract on which my house stands, & to lay it downe on one side of my land, & take it upon the other side of sd land, adjoyneing to it;
Yo' Neighbour (Verso)
Tho: Angell.
This bill is Granted Provided a high way be left betweene ye Changd land & ye former land
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