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John Tremaine.

Pleas of the crown in matters criminal & civil: containing a large collection of modern precedents .. (Volume 1)

. (page 35 of 51)

formed, that the faid F. W. kt. then being as aiorefaid one of
the juftices of the faid lord the king, affigned to hold pleas
before the king himfell, afterwards to wit, on the faid 21ft
day of November, in the ill year aforefaid, at Serjeants-inn
aforefaid, in Fleet Ilreet, London aforefaid, committed the
faid Zacheus to the cultody of Henry Glover, of the parifh,
&c. marfhal of the marfhalfea of the lord the king, before
the king himfelf, for default of mainpernors, chaiged with
ihc faid writ of the faid lord the king of capias utlagatum,
at the fuit of the faid Humphrey Jennens, and alfo with
the faid precept of the faid lord the king, called a bill of
Middlefex, at the fuit of the faid John Green, as is afore-
faid, as by the return of the faid Iberiff upon the faid writ
of the faid lord the king of habeas corpus, Iffuing out of the
court of the faid lord tlie king, before the king himfelf, in the
due manner, and to the fame writ annexed, in the court of the
laid lord the king here, before the king himfelf, to wit., at Well-
minfter aforefdd, remaining affiled relation being thereto had
more fully appears. And the faid coroner and attorney of the
faid lord the king, for the faid lord the king further gives the
court here to uiiderfland and to be informed, that the faid 2.
by virtue of the faid commitment, by the faid F. W. knight,
then being one of the juftices of the faid luid the king, al-
figned to hold pleas bctore the king himfelf, as aforciiiid, to
the faid marlhal, with the charge as is aforelaid, on the 2 ill
day of Nt^vember, in the lit year, &c. aforefaid, then was
fait and fecure in and under the cultody of the faid H. G.
marfiial of the mtiiihalfea af'oiefaid, then being kept and
deained a prifoner by the marlhal of the marflialfea of the
faid lord the king, before the king himfelt, at the faid parilh
of St. Geo.'ge, Souihwark, in the faid county of Suney,
lawfully and by the com.niand of the ikid I'lancis Wiihins,
knight, for the default oi mainpernors as is aforefaid. !Ne-
. verH^ielefb- the faid H. G- after the commitment of the faid
Z. G. btic.'.c that the faid Z. G. v.as delivered by the due
ftim of la;v out of the cuftody of the faid H. G. to wit,
on the 3cth day tf April, in ihe 2d year of the leign of our

lord



Indi^iments for Mifdemeanois.

lord James the 2d, the now ting of En<;land, <Scc. at the
faid parilh of St. Geoige, S uihwail<, in the faid county
of Surrey, then as arorefai(l, being marihal of the maillial-
iea of the faid lord the kin^ before the king hin.felf, and
alfo keeper of the piifon of the marflialfea afortfaid, fuiiaic
at the faid paiifh cf St. George, Somhwark, in the faid
county of Suirey, wdl kr.owin^ the faid Zacheus to be
charged with the faid writ of capias utlagaium, and with
ike faid precept, liirn tlie faici 2. G. at the faid parifh of St.
George, in Soiuhwark, out of the cultody of him the faid
H. G. and * alfo out of the prifoh of the marfhalfea aforefaid, ^P. 246".
(the faid writ of capias utlagatiim not Ijeing reverfed or an-
nulled, or the fai^l Humphrty Jcnnens, not being fatisfiod
or in any manner comtnted, of his faid adlion againff the
faid Z. G.) unlawfully and v.ilfully did permit, to efcape
and as yet doth permit to go at Jarge, wherefoevcr he
will, to the tvil example of all others in the like cafe
offending, and againlt the peace of the faid lord the no^<r
iing, his crov.n and dignity, &c. whereupon, &.c.



The Eing ogahijl Manloye.
Trinity, 36th Charles 2d.

. . aga nft the .

Jididdlefex, ) * I ""HAT whereas heretof<;re to wit, in the warden of

To wit. 3 J- term of St. Michael, in the jilt year oft'nefictt,
the reign of our lord Charles 2d, king, &c. in the faid coiut^*^"" P'^''".'t-
of the faid loid the kine, before the king himlcll, here to wit/"^° ^ ^H'
at VVeltminlter atorelau!, in the county or A'j.K!dlclt'X, then ^vas fined
and there being held, by the faid court there, it was 0011-500/. i« the.
iidered, that one Thomas Cudmore, by the name of Tho-^">g's!
inas Cudniore, for ctrtain treij.alTcs and mifdeetls by him^'"'^''* ^°
the faid Thomas Cudmore conimitted and nei i)etiated, and!„''f'lf ^ "^^
tbercoi in the due manner ii,dicted and convidtcd, Ihouidtorpus de-
pay to the faid loid the kiiig the fimi of 5cci for his finelivered to
impoicd upon him by occaficn ff the prtruifics, and thai ' "" '"^ ''^^^
the faidT. C. ff.ti.'a' be taken, <S:c. as by the record and 'j'' ^;°^y '"
,prtxeedings thereof in the faid court of the laid lord the kin-,',','^,^||."^^
belore the king himielf, now to wit, at Weltminitci afort- Heneh, m
faid, in the faid county of Middlclex, remaining cf recoidwder to b?
manifcftly appeareih ; afiervvaids to, wit, t n the day ami^^''"."""'^
ytar, £:c. a certain v.iit of the faid ii.rd the king of habeas cor-':' ',''.'' '"^^"

pus turn cauia, iia-.td out of the ccun oi the laid itid the k«ng,cuTicn fw'

befoic tlic fipe.



Indictments for Mifdemeanors.

before the king himfelf, then being held at Weftminfter
aforefaid, dlrefted to the warden of the prifon of the faid
lord the king, of the fleet, or his deputy there, by which
v.rit the faid warden of the faid prifon of the fleet, was com-
manded that he Ihould have the body of the faid T. C. then
detained in the prifon of the faid lord the king, under the
cuftody of the iaid warden of the faid prifon, together with the
day and caufe of the caption and detention of the faid T.
by whatfocver name the faid T- might be called in the fame,
before the faid'lord the king, at Wefl:minfter, on theFriday after
the morrow of the afccnfion of our Lord then next coming, to
fubmit to and receive the things which the faid court of the
faid lord the king, concerning the faid T. C. ihould order in
that behalf, and that the faid warden fhoiild in no wife omit
at his peril, and fhould have there then that writ ; which
writ of habeas corpus fo as aforefaid ilTued. and diredled,
afterwards and before the return thereof, to wit, on the day
and year, &c. at the faid prifon of the fleet, fiiuate in the
parilh, &c. was delivered to Richard Manlove, Efquire, then
and ever fince continually and hitherto being warden of the
faid prifon of the faid lord the king, of the fleet, to be ex-
ecuted in the due form of law, (the faid T. G. then being in
the due manner a prifoner in the faid prifon, under the cuf-
tody of the faid warden ) And the faid attorney general of
the faid lord the king, for the laid lord the king further gives
the court here to underltand and to be informed, that the
faid writ of habeas corpus to hav:. the body of the faid T. C.
ilTued out of the court of the faid lord the king, before the
â– ^P. 247**'' ^^'"g himfelf here, and to the faid warden of the faid prifon
of the faid lord the king, of the fleet, was dire^ed and
delivered with intention to remove the body of the faid T. C.
from the faid prifon of the fleet, into the faid court of the
faid lord the king, before the king himfelf, now here accord-
ing to the comaiand of the faid writ, fo that the faid T. C.
by the faid court might be committed a prifoner to the mar-
Ihal of the maril.aifea of the faid lord the king, before the
ting himfelf, in execution for the faid fine of 500/. fo as
aforclaid impofed upon the faid T. C. there to remain until
that he ihould fidly fatisfy the lord the king thereof; where-
upon the faid R. Manlo»«, being as aforclaid warden of the
faid prifon of the fleet, not regarding the duty of his office
-aforefaid, but defpifmg the faid writ of the faid lord the
king of habeas corpu*, to the faid warden, for the occafioa
aforefaid, fj'as aiorefaid diiectcfl and delivered, and inlti-
gated and fcduced by the hope of bafe lucre, afterwards to

wit, on the — -day of in the year, &c. at, &c. him the faid

T. C. out of the faid prifon of the fleet, and out of the
cuftody of the faid warden, in whi«h as aforefaid the faid T. C-
T. as detained, without any lawful vvariant therefore, and a-

gaijifc



Indictments for Mirdemeanois.

galnft the duty of his office aforefaid, wilfully and corruptly
and with the confent of the iaid warden did permit to efcape
and go at large wherefoevcr he the faid T. C. would
(the Kiid lord the now king then not bein^ paid or fatisfied
of the faid fine of Sc*^^^* O'" f>f 'iny P^'t thereof, impofcd up-
on the faid T. C. as aforefaid) in nianifclt contempt of the
iaid lord the now king and of his laws, and to the danger
of lofing of his faid fine, to the forfeiture of his office af )re-
iaid, and to the evil example of all others in the like cafe
offending, and againft the peace of the iaid lord the uo'.y
king his crown and dignity, 6cc.



The King cigninjl Lee«
Eafier, 20tli Charles 2d.



London, 7 npHAT John Lee, late of London, efquire, on Information
To wit, y A the I ft day of December, in the 13th year of^S'^'"*^ ^1^*
the reign of our lord Charles the 2d, of England, &c. ^'"g»(,f^oncjon's
ike. and continually afterwards until the i ft day of January, f|gp^,jy^ Cor
in the 17th year of the reign of our faid lord the now king, not eltreat-
â– was the deputy of John Weld, efquire, town clerk of theingrecog-
city cf London, and by virtue of his office of town clerk of"'^?^'^"
the city aforefaid, ought to eftreat and return into the Ex-f^lf^^g^ ^^
chequer of the faid lord the king, for th* whole time afore- tj'ie fern.. ns,
faid, all forfeited recognisances for not appearing at any bitdifoharg-
feffion of the peace and goal delivery, hold for the faid city^'^S t'ie"\
returned to the faid feffions ; nevertheleff the faid J. L. not^*^'^*^ J^®*^'
regarding the duty of his office of deputy of the to vn clerk*"
of the faid city, and perverting the truft in him renofed,
*and deviling and intending the faid lord the king cf divers
fums of money, by the forfeiture of divers recognizances ta
the faid lord the king due, to deceive and defraud, between
the faid ift day, &c. in the year aforef/id, and the ift day,.
&c. unlawfully, extorfively and under colour of his office
aforefaid, did receive and take of and fiom one * n. R. and*p^ 24.S.
others, who were bound to the faid lord the king, in a certain
recognizance, for the appearance cf L. F. at the feflion of
the peace and goal delivery for the city aforefaid, next after
the taking of the faid recognizance to be held, a certain fuin
of money to wif, i6 {hillings of the lawtiil money of Eng-
land, to defer returning and eftreating the faid recognizance
ijato the faid exchequer ; and of J. K- and others, and alfo

of



IiidI<Slments for Mifdemeaiiors.

of divers other fubjeds of the faid lord the king, whofe
names are yet unknown to the faid attorney of the faid lord
the now king, fcvcral other finis of money, to defer return-
ing and eftreating into the faiJ exchequer, divers other
recognizances by them feverally acknowledged before fev.eral
juftices of the peace of the faid lord the now king, for the
appearance of feveral other nialefaflors and delinquents, in
the fame recognizances refpeftively named, at the faid feve-
ral feffions of the peace and goal flelivery, at which they
ought feverally to appear, all which feveral recognizances
before mentioned, for the non appearance of the faid feve-
ral malefactors and fielinquents, at the faid feveral feffions
of the peace and goal delivery, at which they ought feverally
to appear, were returned and feverally were forfeited to the
faid lord the now king ; and that the faid J. L. devrfing and
intending the faid lord the now king, of the money arifing
to the faid lord the king, from the feveral recognizances afore-
fald, fo as aforefaid forfeited, to deceive and defraud, the
faid feveral recognizances after the return of the fame to the
feveral felRons aforefaid, and after the feveral forfeitures of
the fame, did not return and eftreat into the Exchequer of
the faid lord the now king, but the faid feveral recognizances
for his own proper gain and advantage, at the parilh afore-
jaid, &c. between the days firll aforefaid mentioned, unlaw-
fully and unjuftly did procure to be difcharged, againft the
duty of his office, againft the truft I'n him repofed, to the
great deceit of the faid lord the king, to the evil example of
all others in the like cafe offending, and againft the peace,
&c. Sec. Sec.



The King againft Lock.
Eafter, 36th Charles 2d.

.jnfrrmation Sufex, ") HP HAT on the 27th day of June, in the 35th

againft a rp^ ^jj_ y X year of the reign of our lord Charles the 2d,

c^nvevin'tr^ king of England, &c. at Weltminfter, in the county of

one into Middlefex, Ford, lord Grey, for divers high treafons by hlra

parts l-e- late before that time fuppofed to be perpetrated, was in the

jiond the due manner taken, and that afterwards to wit, on the faid

f^^J'^^. 27th day of June, in the 35tK year of the reign of our faid

ou: of the lord the king aforefaid, Leoline Jenkins, knight, then one

cuftodyof of the privy council of the faid lord the king, and principal

theferjeantfecretary of flate of the faid lord the king, at Weltmintter

^t arms to aforefaid, in the faid county of Middlefex, made his certain
whom he ^ ^



Iiidit^meuts for Mifdemcanors.

warrant in writing, dated the faid day and yrar, and Sealed was com-

with the feal of the faid Lcoliiie Jt^iilcini-, ]cni!;ht, mittecl for

and figned and fublcribed with the proper hand writing ot""*^^|^" ''V

the faid Leoline Jenkins, and directed to one Thoiuasl^'l.'^'"'^'^'^'^'

Cheeke, Efquire, then lieutenant of the Tower of LondDn,'" ^'^'

by which warrant the laid JLeollne Jenkins, knight, then'

mnd there in the name of the iliid lord the kins^, willed and

* required the faid Thomas Chetkc, Efquire, to receive P» 249*

into his cultody the perfon of the faid i^'ord, lord Grey,

then committed for higb treafyn, in compaiTui^ the death

cf the faid molt ferene lord the king, and confplring to

levy v/ar againft the faid lord the king, and that the faid

Thomas Cheeke, Efquire, him the faid Ford, lord Grey,

ihould fafcly keep, until that he fhoidd be afterwards

delivered according to the due courfe of law, and that

afterwards to wit, on the laid 2'jih day of June, in riie

35th year, &c. aforefaid, at Weitminiter, in the faid

county of Aliddlefex, the faid warrant fo as aforefaid made,

iigned and fcaled, and alio the perfon of tlie faiil Ford,

lord Grey, were delivered to one Henry Dereham, efquire,

.then being one of the ferjeaius at arms in ordinary ot the

Jaid lord the kin^, by virtue of which warrant the faid H.

J)ereham, took and in his cuftody Irad and detained, the

iaid Ford, lord Grey, and then and there the laid H,

percham, by the faid Leoline Jenkins, was required hind

the faid Ford, lord Grey, in fafe cuftody to deliver to the

faid Ihomas Cheeke, efquire, thtn lieutenant of tlie

Tower ol London, ialely and fccurely to be kept, lor the

caufe aforefaid above ailedgcd, according to the tenor of

the faid warrant, and that the laid H. L). afterwards to wit,

on the day'and year, &c. alorelaid, at the parilli of bt.

Catherine, nigh to the Tower ot London, in the Ikid county

of Middlcfex, permitted him the faid lord Grey, to efcape

and go at large out of his cultody, whercfoever he would,

^nd that one Robert Lock, late of fL'irfham, in the county

of Suflt^c, failor, well knowLn;^ the premlfles aforefaid,

<ifterwards to wit, on the 30th day of June, in the 35th

year, &c. aforefaid, at Horlliam, ju tlie laid county of

SufTex, with force and arms, &.c. unlavvlully, unjuftly

and corruptly him the laid Foid, loid Grey, into the cultody

of the faid Robert Lock, did take and conceal, and the

faid Ford, lord Grey, then and there in a certain vefTel

called the Hare, under the cnliody of the faid Robert

Lock, did carry away and convey into parts beyond the feas,

to wit, to Mlddleburgh in Flanders, to the great obftru(ftion

of'juitice, to the ^il and perniciou< e/amp le of all others



Indi^lmeuts for Mifdemeanors.

in tlie like cafe o(Tencling, and againft the peace of the
faid lord the now king his crown and dignity, &c. Where-
upon, &.C.



The King agai/ijl Martin.

Ififprmation

sgaina a rjt^ ^j^ ^IpHAT the offices of Curfitors, are antlent
curfitor for • X offices, in the high court of Chancery, of

receiving a ^l^g ^^j J lord the king, and of his progenitors, kings and
fine of 40 ,.,.,. ,'5' r -o 1 1/^1 r • I °

fhillingsup-^"'^^^^ 01 this kingdom or Jingland, (the laid court now
onan origi- being at Weftminlter, in the county of Middlefcx,} for
Til, and making original writs, for the fubjefts of the faid lord the
though the king, and of his progenitors, out of the court of Chancery
^Ji^^g^^^j '" aforefaid, fr<-m time to time iffuing, and that it hath ap-
never re-' pertained, and ought to appertain to every the curfitor and
turned the curfitors aforefaid, from the time whereof the memory of
money to man is not to the contrary, by reafon of his office, to re-
the party, ^eive and pay fines upon every original writ by him made,

to"the (vine, ^'^ ^^^ ^''^^ ^'-*'^ '^^ ^'"S' ^"^ *^ ^"^ progenitors, due of
but kept it right, to. wit, upon every writ original upon actions upon
to his own the cafe, where the damages reach to one hundred pounds,
u^e- ten riiiliing?, and for every hundred pounds of damages,

*1 . 25'^* i^^ ^"ch writ demanded or "^ charged above the fum of 100/.
10s. and that Henry Martin, late of, &c. was and as yet is
one of the curfitors In the faid court of Chancery, of the
faid lord the kingj for the city of London, nererthelefs
the faid H. M. being a perfon greedy of unjuft gain, and
devifing and intending, by reafon of his office, to gain and
acquire fums of money, as well by deceiving and defraud-
ing the faid lord the now king, as his fubjedts, he the faid
H. M. afterwards to wit, on the day and year, &c. at, &c.
in the county, &c. two pieces of gold coin called guinea?,
o! ihe value cf 43 {hillings, of the lawful money of Eng-
land, [40 {hillings thereof, for and in the name of a fie
to be paid upon an original writ, by him to be made, in
an acsi^.n cl trefpafs upon the cafe, by the prefident of
the college" or community of the faculty of medicine,
jLt^nidon, agsin{L John Culter, knight and baronet, for
4C^. dajr.agtsj' from one Wiiliam Ravenhiil, gent, under
Colour of his office, did have and leteive, and ahhcui^h
t'm faid writ was never made and fealed, neve. th'lefs the
fid, H. M. unjuftly, fraudulently and dccf'tfully, the
- - d ^oiiilJlings, under colour of iiis oimc<; alorefaid, in



ludidments for Mifdemeanors,

he manner and foim aforefaid, for the faltl fine by him
had and received to his own proper iilc, benefit and profit
did detain, without any return or repayment thereof to the
faid W. R. or payment to any other perfon, or renderin;»
any account thereof to the faid loid the ling, but in
fraud and deceit, as well of the faid lord the kin;;, as of
his lubje^s, the faid money to his own proper ule then
and there did convert and difpofe, againft the duty of
his ofiice aforefaid, in great deceit of the laid lord the l<ing,^
and of his people, in manifeft conttmpt of the laws ot
this kingdom of England, to the evil example, &c. &c.



The King agcJnJi Fariiugdon.
Eajier, ijl James 2d.

Towlt T^^'^'^ heretofore to wit, on M'>nd;iy In the weelc inronnation ^

' -*- next after the feall of St. Michael the archangel, (or cutting
to wit, on Monday the 2d day of Odober, in the 34th year of the (lair of
the reign of our lord Charles the 2d, the late king of England, °"* '"''i^'^'*
&c. at a general Quarter- feffions ot the peace, of the faid lord 3j!,j'^"pJ,y'jJ^'
the late king, held for the county of Suffex aforefaid, at Mid-;,,^ hiin ia
hurft in the faid county, beicre R. Al. knight, J. A. efquire, an unufual
and others their fellow-juftices of the faid laic lord the king,^'a|''^ a"^
afligned to preferve the peace in the faid county, and alfo to. ''."^ 'â„¢
hear and determine divers felonies, treJpafies, and other "I'f-piaceV nJ
deeds in thef.:iti county perptirattd, tie. Ey the oath of 1 2 maintain ng
jurors, good and lawiul men ofthebodyof the faid county, liim, and
then and there fworn, and charged to enquire for the faid late'^JPi o"'"S
lord the king, and for the body of the Tiid county, it was pre- ''""' .^?
fented, that J. Davies, late of, &c. labourer, and R. Farring-f^^,'^ ^1^â„¢
don, late of, &;c. gent, nut having the tear ol God before. their jurtice of
eyes, but being moved and ftduced by the iniligation of thethelaw
devil, on the 6lh day of Auguit, in the 34th year, &c. aforefaid,
with force and arms, &c. at the paiifh, icz. in and upon one
Richard Hahin, in the, peace of God, and of the iaid late
lord the king'' then and there bung, felonioufly, vvilfully,*P. 2<r.
and of their malice afoiethou!;ht did make an aifauit, and the
faid J. D. with a certain itaff, ol the value of one penny which
he the faid J.D. then and theie in his right-hand had and held,
him the faid R. H. in and upon the right part of the head of
the faid R. H. did itrike, then and iheic giving to the faid R.
H. in ajid upon the faid right part of llit head of him the faid
CtH 3 R. H.



firdr£bftents for Mifdemeanors.

K. H. one mortal wound, of the length of one inch, and of th«
breadth of half one inch, and of the depth of one inch, of
which mortal wound the faid R. H. then and there inftantly
died ; and that the faid R. F. on the faid 6th day of Auguft^
in the 34th year, &c. aforeiaid, of his malice aforethonght.telo-
uioufly was prefent, aiding, comforting^ abetting and maintain-
ing the faid J. D. feloniouflj, wilfully, and of his malice afore-
thought to kill and murder the faid R. H. in the form afore-
said, and fo the jurors aforefaid then did fay upon their oath
aforcfald, that the faid J, D. and R. F. feloniouUy, wilfully,
and of their malice aforethought then and there him the faid
R. H. did kill and murder, againft the peace of the faid late
jord the king, his crown and dignity ; as by the indlfl-
jment aforefaid, in the court of the laid lord the now king, by
fl writ of the faid lord the late king of Certiorari in the due
vmnncr returned, and there now remaining of record more fully
appeareth. And the faid Attorney-general of the faid lord the
now king, for the faid lord the king, further gives the court
here to underfland aftd to be informed, that the faid R. Far-
ringdun, late of the parifh of, &c. and J. B. late of, &c. and
others well-knowing, and each of them well-knowing the faid
premifles, but being perfons of evil name, fame, andof dlf-
honell converfation, and devifing, praftifing, and among
thcmfelves falfely, unlawfully, unjuftly, wickedly, and diabo-
lically intending as much as in them lay, to obftrudl, turn alide
and retard the due courfe of law, afterwards, to wit, on the
19th day of May, in the 3Sth year of the reign of the faid late
lord the king, at the parifh, &c. falfely, unlawfully, wicked-
ly, and diabolically among themfclves did confpire, devife and
practlfe, and each and every of them did confpire, contrive
6nd pra(flife, to hide, and conceal the faid J. Davies from the
procefs of the law for the faid murder, and to render the pro-
cefs of the law againft the faid J. Daries, for the faid murder
©f no eifcft, and to fuliil, perfeft, and bring to effeft their
iroft v/icked devices, praftilcs and intentions aforefaid, they
the faid R. F. J. B. and others, on the faid 19th day of May,
in the faid 35ih year aforefaid, and at divers other days and
times as well before as alter, with force and arms, &e. at &e.
and in divers other fecrct and unknown places, falfely, unlaw-
fully and unjuftly, wickedly, feditloufly, wilfully, knowing-
ly and diabolically the haip from the head of the faid J. Da-
vies did cut off, and did caufe to be cut ofi^, and each and every
cf them did cut off, and did caufe to be cut off, and him the
laid J.Davies then and there in unufual garments did difguife,
and each of them did difguife and did caufe to be difguifed,
and him the faid J. Davies fo as aforefaid difguifed, then and
^;bere with, fgrc€ and armS} &c» unlawful!/, unjuftly, wickedly



Indi^ments for Mifdemeanors;

and diabolically intodivers parts, and fecrct and obfcure place«.
did iend and convey, and did caule and procure to be fent
and conveyed, and each and every of them did iend and con-
vey, and did caufe and procure to be fent and conveyed, and
divers great funis of money to the faid J. Davies, then and ^p ngn

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