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with an Undertaker, or Undertakers, to stop a Breach, &c. The Bill
entituled, An Act for the further Enlargement of Baltimore-Town,
&c. And the Bill entituled. An Act for the Relief of Philip Cazear,
&c. Severally Indorsed, " By the Upper House of Assembly,
May 24, 1750: Read the second Time, and will pass." Which Bills
were severally read, and passed for Ingrossing.

Col. Sprigg and Mr. Murdock are added to the Committee of
Laws.

The House adjourns 'til Tomorrow Morning at 9 o'Clock.



428



Assembly Proceedings, May 8-June 2, 17 S^-



L.H.J.

Liber No. 47
May 25



Friday Morning, May 25, 1750.

The House met according to Adjournment: The Members were
called, and all appeared as Yesterday. The Proceedings of Yester-
day were read.

On reading the second Time the Bill entituled, An Act to license
Hawkers, Pedlars, and petty Chapmen; the Question was put.
Whether the said Bill shall pass; or Not? Resolved in the
Affirmative.

For the Affirmative,



M^ Richard Lloyd,


M'' N. Goldsborotigh,


M' Wootton,


Wilmer,


J. Goldsborough,


Sprigg,


J. J. Mackall,


Robert Lloyd,


Robins,


Heighe,


Oldham,


Selby,


B. Bond,


Sulivane,


Scarborough,


Smallwood,


Hooper,


Chaplain,


Lee,


Lecompte,


Owen,


King,


Travers,


Prather.


R. J. Henry,


Colvill,
For the Negative,




M^ Z. Bond,


M' Stoddert,


M^ Gordon,


Mills,


Wilson,


Dulany,


Key,


Waggaman,


Hopper,


Barnes,


Hyland.


Wilkinson,


Smith,


Sheredine,


Davis,


Carroll,


Paca,


T. Henry,


Worthington,


Lux,


Crabb.


Bordley,


Addison,




B Mackall,


Murdock,





p. 66 Which Bill was accordingly Indorsed, " Read the second Time,
and will pass."

The House adjourns 'til 2 o'Clock.

Post Meridiem.
The House met according to Adjournment.
Mr. N. Goldsborough, from the Committee of Grievances, deliv-
ers to Mr. Speaker the following Report ; viz.

By the Committee of Grievances and Courts of Justice,
May 25, 1750.

Your Committee take Leave to lay before the Honourable House
the Complaint of Aaron Nalley, of Charles County, which is as fol-
lows; viz. That in the Year 1747, Samuel Hanson, Sheriff of the



The Lower I louse. 429

said County brought an Action against the saifl Xalley in the \..\\.].^
County Court, for the I'iecovery of a Sum of 'i'obacco flue from the 'jI'"" ^'^' ^"^
Predecessor of the said Nalley; to which Action the said Xalley
appeared and gave Judgment the first Term ; and being told by the
said Court to get special Bail, went out, and in a short Time re-
turned to the Court, and offered a certain Henry Martin, a Free-
holder of the same County, for his Bail ; and then went home about
his Business, supposing the same had been taken ; and in about six
Weeks time paid the Ballance of the said Debt, and Cost on said
Suit, to a certain Matthew Barns, of the said County, for the Use of
the said Hanson; not in the least doubting, but that he was then
quite clear of any Demand on Account of that Judgment, by any
Person or Persons whatsoever: 'Til about six Months after the
Payment of the said Tobacco, to his great Surprize, the said Matthew
Barns acquainted him that he was then his Prisoner, and had been
such from the Time the Court had directed him to get special Bail
to the aforesaid Action : he the said Nalley being committed to him,
as one of the Coroners of the said County, for not giving such Bail ;
and some Time afterwards, on seeing the said Barns, again was
told by him, that if he did not pay him the Tobacco due on his Im-
prisonment Fees, he would actually sue him: And accordingly, by
Mr. Jeremiah Chase, his Attorney, (on the Terms of No Purchase
no Pay) did bring his Action on the Case, upon an Indebitatus as-
sumpsit, against him the said Nalley, in the Sum of 4041 lb. of
Tobacco, as by an Account from the Record thereof, hereunto an- p. 67
nexed, at large may appear : And altho' the said Nalley employed a
Lawj'er in the Cause, and paid him his Fee ; yet, nevertheless Judg-
ment went by Default against him, and Damages assessed by the
Court for the aforesaid Sum of 4041 lb. of Tobacco, and 244 lb.
Tobacco Cost ; altho' it does not appear to your Committee, that the
Plaintiffs Account was proved, or if it had, as the Case is circum-
stanced, that it ought in any Shape to have been allowed.

All which is humbly submitted to the Consideration of the House.
Signed per Order, Wm. Wilkins, Clerk.

On reading the said Report, Ordered, That the Clerk do issue
Summons for Mr. Walter Hanson, Mr. Robert Yeates, Mr. Daniel
of St. Thomas Jenifer, and Mr. Matthew Barnes, to attend at the
Bar of this House, on Wednesday next, the 30th Day of ]May, to
answer the Complaint therein set forth. And,

Mr. Nicholas Goldsborough, from the Committee of Aggriev-
ances, delivers to Mr. Speaker the following Report ; viz.

By the Committee of Grievances and Courts of Justice',
May 25, 1750.

Peter Dent, of Charles County, complains, that last April was
twelve Months, being at Bryan-Town in the said County, a certain



430 Assembly Proceedings, May 8-June 2, 1750.

L. H. J. Robert Yeates, a Magistrate of the said County, came to him this
^'^^'^M °" "^^ Complainant, and abused him very grossly, by calling damn'd Rascal,
damn'd Lyar, and impudent Fellow ; and told him, he should never
get his Ends at the Election, in carrying those he wanted to go (who
the Complainant supposes to mean Mr. Lee and Mr. Wilson) ; and
that he the said Yeates always did Justice to all Mankind : To which
the said Dent replied, that he could not say so; for that he had
made him ride to Port-Tobacco very often for nothing. Upon which
the said Mr. Yeates applied to Capt. Allen Davis, one of the Jus-
tices of the said County, who was then present, to bind the Com-
plainant over to the next Court, which the said Davis refused to do ;
upon which Refusal, the said Yeates swore he would have a Bench-
Warrant, and do his Job. After which, Davis went into a House,
and asked this Complainant to drink with him; where he invited
him to his Muster the next Saturday, who accordingly went; and
then was told by the said Davis, if he would vote for William Mid-
dleton, and not for Wilson, that he would screen him from what
had happened between him and Mr. Yeates ; and the Election com-
ing on in a short Time after, the Complainant voted for Mr. Wilson,
and not for Middleton ; and at June Court following, was taken by
the Sheriff of the County on a Bench Warrant, as Mr. Yeates had
p. 68 threaten'd him with, and carried into Court; who informed him, he
was sent for, for abusing Mr. Yeates ; and demanded of him, if he
would confess the Thing or stand Tryal ; to whom he gave for An-
swer, that he would stand Tryal, for that he had Witnesses to prove
Mr. Yeates had first insulted him : Upon which the Court told him,
he must get Bail for his Appearance at the next Court; but upon
his going out to get Bail, was called back by the Sheriff, and upon
his Return was told by Mr. Davis, the Court did not think fit to let
him stand. Tryal; and thereupon proceeded to fine him 1000 lb. of
Tobacco, and obliged him to give Security for the Payment of the
same before he left the Court.

All which is humbly submitted to the Consideration of the Hon-
ourable House.

Signed per Order, Wm. Wilkins, Clerk.

On reading the said Report, Ordered, That the Clerk do issue
Summons for Mr. Thomas Stone, Mr. William Eilbeck, Mr. Daniel
of St. Thomas Jenifer, and Mr. Allen Davis, to attend at the Bar
of this House, on Wednesday next, the 30th Day of May, to answer
the Complaint therein set forth.

Ordered, That Copies of the Reports be made out, and served
on the Persons complained against.

On motion, the Question was put, Whether the Oath of Deputy
Clerks, taken by Virtue of the Law for amending the Staple of
Tobacco, &c. shall be altered in the Supplementary Bill to that Act,
now before the House; or Not? Resolved in the Affirmative.



The Lower House.



431





For the Affirmative,






L.lf.J.


-








Liber No. 47


M' Wilmer,


M' Wilson,


M


r Paca,


May 25


Wortliinj^ton,


Wafi^f^aman,




Wfx>tton,




J. J. Mackall,


N.Goldsborough,




Addisr'n,




Heig-he,


J. Goldsboroiigh,




Hopper,




B. Mackall,


Robert Lloyd,




Wilkinson,




B. Bond,


Oldham,




Davis,




Smallwood,


I^compte,




Crabb,




Stoddert,


Travers,




Prather.




Lee,


Hyland,
For the Negative,






p. 69


WZ. Bond,


M' Colvill,


M'


■■ Robins,




Mills,


Sheredine,




Selby,




Barnes,


Lux,




Scarborough,




Smith,


Sprigg,




J Henry,




Carroll,


Murdock,




Chaplain,




Stilivane,


Gordon,




Owen.




Hooper,


Dulany,









The Bill entituled. An Act to enable the Rector and Vestrymen
of Great Choptank Parish in Dorchester County, to lease some
Land, &c. The Bill entituled. An Act to enable George Catto, &c.
And the Bill entituled, An Act continuing an Act entituled. An Act
for the speedy and effectual Publication of the Laws, &c. Were
severally read the second Time, and passed.

Mr. Key delivers to Mr. Speaker the following Report.

By the Committee appointed to examine into the Facts and Alle-
gations contained in the Petition of James Sterling, Thomas Ayres,
and Sarah Waltham ; and to report the same to the House.

It appears to your Committee, that Rebecca Sterling and James
Sterling, in the Petition mentioned, had in the Life-time of the
aforesaid Rebecca, and with her express, free, and voluntary Con-
sent, contracted and agreed with John Waltham, in the Petition
mentioned, for the Sale of the Tract of Land called Huddle's Right,
for the Consideration of Twenty five Shillings per Acre, to be paid
on the Delivery of the Deed ; and with Thomas Ayres, in the Peti-
tion also mentioned, for the Sale of the Tract of Land called Rush-
more, for the Consideration of Twenty five Shillings per Acre, to be
paid within the Year after the Delivery of the Deed : Pursuant to
which Agreements respectively, the aforesaid John Waltham and
Thomas Ayres, respectively entered into, and took Possession of,
the aforesaid Tracts of Land ; and they, or their Representatives,
do still hold Possession thereof. That pursuant to the Agree-
ment aforesaid, the aforesaid Rebecca accordingly herself applied



432 Assembly Proceedings, May 8-June 2, 1750.

L. H. J. to an Attorney, to draw the proper Conveyances ; who, upon his
May% AppHcation to the aforesaid James SterHng, had his Consent; but
the Attorney being obliged to attend his Duty at the Provincial
Court, could not dispatch the same, as he otherwise would have
done: During which Delay she sickened, and before proper Deeds
could be otherwise prepared, she died. It also further appears to
your Committee, that only eighty-three Pounds Currency, Part of
the Consideration Money for the Tract of Land called Huddle's
Right, has been, by the aforesaid John Waltham in his Life time, or
p-70 by another Person, since paid to the aforesaid James Sterling: But
your Committee do not find; that any Part of the Consideration
Money for the Tract of Land called Rushmore has been paid.

All which is humbly submitted to the Consideration of your Hon-
ourable House.

Signed per Order, John Hall, junior, Clerk.

Which Report was read, and the House concurs therewith.

The Petition of the Rev. Mr. James Sterling was read, and
Leave given to bring in a Bill according to Prayer.

A Bill entituled, An Act impowering the Rector, Vestrymen, and
Churchwardens, of Queen Caroline Parish in Anne Arundel County,
for the Time being, to purchase [one] Acre of Land, and thereon
to build a Chapel of Ease, in the said Parish ; and to impower the
Justices of the said County to levy on the taxable Inhabitants of the
said Parish the Sum of Twelve Pence Current Money yearly, by
three annual Assessments, for the Uses therein mentioned ; was
read the first Time, and ordered to lie on the Table.

A Bill entituled, A Supplementary Act to the Act entituled, An
Act ascertaining the Height of Fences, &c. was read the first Time,
and ordered to lie on the Table.

The House adjourns 'til Tomorrow Morning at 9 o'Clock.



May 26 Saturday Morning, May 26, 1750.

The House met according to Adjournment : The Members were
called, and all present as Yesterday. The Proceedings of Yesterday
were read.

The Bill entituled, A Supplementary Act to the Act entituled.
An Act for Causing Grand and Petit Jurors and Witnesses to come
to the Provincial and County Courts, &c. was read the second Time,
and passed; which Bill, with the Bill entituled. An Act to license
Hawkers, &c. the Bill entituled, An Act continuing an Act entituled,
An Act for the speedy and effectual Publication of the Laws, &c.
the Bill entituled. An Act to enable the Rector and Vestrymen of
Great Choptank Parish, &c. the Bill entituled. An Act to enable
p. 71 George Catto and Araminta his Wife to sell Lands, &c. were sent
to the Upper House by Mr. Waggaman and Capt. Travers.



The Lower House. 433

A Bill cntituled, An Act for the better Preservation of the Breed l, h, j.
of Deer, and preventing unlawful Hunting; was read the first Time, 'J'^'^'' /"''• '*7
and ordered to lie on the Table. - ayz^

The House adjourns 'til 2 o'Clock.

Post Meridiem.

The House met according to Adjournment.

The Bill entituled, An Act impowering the Rector, Vestrymen,
and Churchwardens, of Queen Caroline Parish in Anne Arundel
County, to purchase one Acre of Land, &c. was read the second
Time, and passed.

Dr. Carroll, from the Committee of Laws, delivers to Mr.
Speaker, a Bill entituled, An Act to prevent the clandestine Impor-
tation of Rum and Spirits into this Province; which was Read the
First Time, and Ordered to lie on the Table.

The House adjourns 'til Monday Morning at 9 o'Clock.



Monday Morning, May 28, 1750. ^^ 28

The House met according to Adjournment : The Members were
called, and all appeared as on Saturday; except Capt. Bond, Mr.
Lecompte, Major Sheredine, and Capt. Addison. The Proceedings
of Saturday were read.

Mr. Key delivers to Mr. Speaker a Bill entituled, An Act to enable
the Justices of Frederick County to levy a Sum of Money on the
taxable Inhabitants of All Faith's Parish in the said County, and
for the building a Chapel of Ease in King and Queen Parish in
St. Mary's County ; and for other Purposes therein mentioned :
Which Bill was read the first Time, and ordered to lie on the Table.

The House adjourns 'til 2 o'Clock.

Post Meridiem.

The House met according to Adjournment.

Major Barnes delivers to Mr. Speaker the following Report; viz.
(Seepages 351-361)

Samuel Chamberlaine. Esq; from the Upper House, delivers to
Mr. Speaker the Bill entituled. An Act to license Hawkers, &c. and
the Bill entituled, A Supplementary Act to the Act entituled. An
Act for causing Grand and Petit Jurors and Witnesses to come to
the Provincial and County Courts, &c. Which were severally In-
dorsed, " By the Upper House of Assembly, Read the second Time, p. 79
and will not pass." And

The Bill entituled. An Act to enable the Rector and Vestrymen
of Great Choptank: Parish in Dorchester County to lease some Land,
28



434 Assembly Proceedings, May S-June 2, 1750.



L. H. J. &c. Indorsed, " By the Upper House of Assembly, read the second

^^°- ^l Time, and will pass." Which Bill was read here, and passed for
May 28 ^ ' . ^

Ingrossmg.

The House adjourns 'til Tomorrow Morning at 9 o'Clock.



May 29 Tuesday Morning, May 29, 1750.

The House met according to Adjournment : The Members were
called, and all appeared as Yesterday. The Proceedings of Yester-
day were read.

Major Sheredine and Capt. Addison appeared in the House.

The Bill entituled. An Act to enable the Justices of Frederick
County to levy 100 1. &c. to finish their Church, &c. and to build a
Chapel of Ease in King and Queen Parish in St. Mary's County,
&c. was read the second Time, and passed.

Dr. Carroll, from the Committee of Laws, delivers to Mr.
Speaker a Bill entituled. An Act for the better Encouragement of
Learning within this Province ; which was read the first Time, and
ordered to lie on the Table.

Col. Hooper, from the Committee of Laws, delivers to Mr.
Speaker an Address to his Excellency the Governor; which was
read, approved, and ordered to be Ingrossed.

Mr. Robert Lloyd, from the Committee of Laws, delivers to Mr.
Speaker an Address to his Excellency the Governor; which was
read, approved, and ordered to be Ingrossed.

Col. Hammond, frorn the Upper House, delivers to Mr. Speaker
the Bill entituled, An Act continuing an Act entituled, An Act for
the speedy and effectual Publication of the Laws of this Province,
&c. Indorsed, " By the Upper House of Assembly, read the second
Time, and will pass." Which Bill was read here, and passed for
Ingrossing.

The House adjourns 'til 2 o'Clock.

Post Meridiem.

The House met according to Adjournment.

The Bill entituled, An Act to encourage the destroying of Squir-
rels, &c. was read the second Time, and passed ; and, with the Bill
entituled, An Act to enable the Justices of Frederick County to levy
100 1. &c. and the Bill entituled. An Act empowering the Rector, &c.
of Queen Caroline Parish, in Anne Arundel County, to purchase one
Acre of Land ; was sent to the Upper House by Mr. Smallwood and
Mr. Sulivane.

Richard Lee, Esq; from the Upper House, delivers to Mr.
p. 80 Speaker a Petition of the Vestrymen and Churchwardens, and prin-



The Lower House.



435



cipal Inhabitants of Durham, I'arish in Charles County, praying L. H.J.
Leave to bring- in a P>ill to levy and assess 2CX)00 II). of Tobacco on i4'a*^2o^'^' ^"^
the taxable f'arishioners, to build a House on the Glebe for the
Incumbent; Indorsed, " By the Upper House of Assembly, referred
to the Consideration of the Lower House." Which Petition was
here read, and referred for Consideration next Assembly.

On reading a second Time the Supplementary Rill to the Act for
amending the Staple of Tobacco, &c. the Question was jjut, Whether
the Inspectors Salaries at P)ladensburg Warehouse shall be reduced ;
or Not? Resolved in the Negative.





For the Negative,




M' Mills,


M'' Wilson,


M"" Wilkinson,


Smith,


J. Goldsborough,


Davis,


Worthington,


Hooper,


Robins,


J. J. Mackall,


Hyland,


Scarborough


Heighe,


Wootton,


Crabb,


B. Bond,


Addison,


Chaplain,


Smallwood,


Gordon,


Owen,


Stoddert,


Hopper,
For the Afifirmative,


Prather.


M' Key,


M - King,


M^ Paca,


Barnes,


Waggaman,


Lux,


Richard Lloyd,


Robert Lloyd.


Sprigg,


Wilmer,


Oldham,


Murdock,


Carroll,


Sulivane,


Selby,


B Mackall,


Travers,


J. Henry.


Lee,


Sheredine,





Mr. Worthington, from the Committee of Accounts, delivers to »
Mr. Speaker the Journal of Accounts.

The House adjourns 'til Tomorrow Morning at 9 o'Clock.



Wednesday Morning, May 30, 1750.

The House met according to Adjournment : The Members were
called, and all appeared as Yesterday. The Proceedings of Yester-
day were read.

The Journal of Accounts was read and assented to, and sent to
the Upper House by Mr. Wootton and Mr. John Goldsborough.

The Bill entituled. An Act for the better Encouragement of
Learning within this Province, was read, and referred for the Con-
sideration of the next Assembly.



^lay 30



436 Assembly Proceedings, May 8-June 2, 1750.

L. H. J. Ordered, That Mr. Jonas Green do print Copies of the Bill enti-
'^^^^r^o. 47 tuled, An Act for processioning Lands in order to perpetuate the
Bounds thereof, and for other Purposes therein mentioned; and the
Bill entituled, An Act for the better Encouragement of Learning
within this Province : And that he cause one to be deliver'd to his
Excellency the Governor, and to each Member of the Upper and
Lower Houses of Assembly ; and that he likewise print the said Bills
in one or more of his Weekly News-Papers; and lay his Account
before the next Assembly,
p. 81 A Bill entituled. An Act to impower James Sterling, Rector of
St. Paul's Parish in Kent County, to convey two Tracts of Land,
the one called Huddle's Right, the other called Rushmore, lying in
Kent County aforesaid, was read the first Time, and ordered to lie
on the Table.

Col. Hooper delivers to Mr. Speaker the following Ingrossed
Address ; viz.
To his Excellency Samuel Ogle, Esq; Governor of Maryland;

The Humble Address of the House of Delegates.
May it please your Excellency,

This House having taken under Consideration your Excellency's
Message, with Regard to the Letter and Account from the Deputy
Governor of the Massachusetts Bay, in Relation to Prisoners which
were brought from Quebeck to Boston ; and as there is good Reason
to believe the Crown had made Provision for that End, are come to
the following Resolution ; to wit : " That this House will not raise
any Money for the Purpose required by the said Letter."

Which was read and assented to, and signed by Order of the
House, by the Honourable Speaker.

Ordered, That Major Sheredine and Capt. Lux do acquaint his
Excellency that this House hath prepared an Address to him, and
desires to know when and where he will please to receive it : They
return, and acquaint Mr. Speaker, that his Excellency signified,
that he would receive the Address in an Hour's Time in the Confer-
ence Chamber.

The Bill entituled. An x\ct for the better Preservation of the
Breed of wild Deer, &c. was read the second Time; and the Ques-
tion was put, Whether the said Bill shall pass ; or Not ? Resolved in
the Affirmative.

For the Affirmative,



M' Mills,


M'


' Stoddert,


M'


' Sheredine,


Key,




Lee,




Paca,


Wilmer,




Wilson,




Wootton,


Worthington,




King,




Gordon,


Bordley,




R. J. Henry,




Dulany,



The Lower House.



437



M^J. J. Mackall,
Heij^he,
B. Mackall,
B. Bond,
Small wood,



M^



Waggaman,
N. Goldsborough,
J. Goldsborough,
Robert Lloyd,
Olflham,



M' Robins,
Selby,
J. Henry,
Chaplain.



L.H.J.
Liber Ko. 47
May 30



M'



Barnes,
Smith,

Richard Lloyd,
Sulivane,
Travers,



For the Negative,

M' Colvill,
Addison,
Hopper,
Wilkinson,
Davis,



M' Scarborough,
Crabb,
Owen,
Prather.



Which Bill was accordingly Indorsed, " Read the second Time,
and will pass."

Ordered, That Capt. Crabb, and two more, do present the Ad-
dress to his Excellency.

Edmund Jenings, Esq; from the Upper House, delivers to Mr.
Speaker the Journal of Accounts, and the following Message; viz.
(See page 363)

The House adjourns 'til 2 o'Clock.



p. 82



Post Meridiem.

The House met according to Adjournment.

George Plater, Esq; from the Upper House, delivers to Mr.
Speaker the Bill entituled. An Act to encourage the destroying of
Squirrels, &c. the Bill entituled. An Act impowering the Rector,
Vestrymen, and Churchwardens of Queen Caroline Parish, &c. to
purchase one Acre of Land ; and the Bill entituled. An Act to enable
the Justices of Frederick County to levy a Sum of Money. &c. and
for building a Chapel of Ease in King and Queen Parish in St.
Mary's County, &c. severally Indorsed, " By the Upper House of
Assembly, May 30, 1750: Read the second Time, and will pass.
" Signed per Order, J. Ross, CI. Up. Ho."

Which Bills were severally read here, and passed for Ingrossing.

Benedict Calvert, Esq; from the Upper House, delivers to Mr.
Speaker the Bill entituled, An Act to enable George Catto. &c. to
sell Lands ; Indorsed, " By the Upper House of Assembly, May 30.
1750: Read the second Time, and with the following Amendments
will pass : Between the Words Alexander and that, in the loth Line,
put which Marriage Settlement was dated the 25th of July. 173S:
In the 19th Line, after the Word Interest, put antecedent to 25th
of July, 1738, aforesaid : Leave out the Words after Consideration,
in 7th Line of 2d Page, to the Word shall in 8th Line: After the



438 Assembly Proceedings, May S-June 2, 1750.

L.H.J. Word Office in nth Line, put antecedent to 25th of July, 1738,

Liber No. 47 aforesaid: After the Word them in 12th Line, to the Word re-
May 30 '
tained in the 14th Line, to be left out.

" Signed per Order, J. Ross, CI. Up. Ho."
p. 83 The Bill entituled, A Supplementary Act to the Act entituled, An
Act for amending the Staple of Tobacco, &c. was read the second
Time, and passed ; and sent to the Upper House, with the Bill enti-
tuled. An Act for the better Preservation of the Breed of wild Deer,



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