Tag: land

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Wills & Administrations in English Family History

Wills can be of great use to any family historian for a number of reasons. They can furnish you with names of relatives, give you a description of the property that your ancestor owned at the time of their death and even reveal their favourite charity. Or though in my case I suspected that the charity that my aunt chose to leave the residue of her estate to was really her solicitor’s favoured charity and his suggestion!

Wills are one of the few documents written by your ancestor. For this reason they may give you an insight into their attitudes, social standing and their lifestyle. Perhaps, if you are lucky they can also explain family feuds and even expose scandals.

If, however, you discover that one of your ancestors seems to have been cut out of the will, you should always consider that this may not necessarily mean that they were disinherited. You should be open to considering that other arrangements had already been made for them in the lifetime of the deceased.

Quite a few family history researchers assume it is not worth checking if their ancestors left a will because they think their ancestor’s background precluded them from doing so. It is, however, wrong to believe that only a minority of people from the top of society left wills. Yes, it may be true that most people who left wills had some property of some kind or another. But wills can be found for people from amongst the very widest range of backgrounds.

Whilst it is perhaps true that only a small percentage of the population left a last will and testament, you should remember that for every person who did so means that there will be at least one other person mentioned in the document and this at least doubles your chance of finding a connection to your family tree, even if they are a distant relative.

It is possible, but not all that common, to find a will belonging to your family that pre-dates the parish registers, or even better where parish registers and the other primary sources have been destroyed or gone missing over the years.

You should know that before 1858 wills were generally proved in the church courts. In order to find a will in this time period will need you to have some understanding of the church hierarchy and how this bears relationship to the place or area that you are researching within.

So, what is a will?

It is a formal document stating exactly what a person desires should happen to their possessions after they have passed on. The person making a will is referred to as the Testator and they make a Last Will and Testament. This is actually a joint deed, the Will and the Testament.

Last Will and Testaments became the legal means of passing on one’s property in England in the year
1540. This was because it was only from that date that ‘Freehold’ land could be gifted or “devised” through a will. Before this date a “testament” was legally only concerned with what the law knows as “personality”. this is a term referring to personal property, that is a person’s moveable goods and chattels.

Why wasn’t it possible to pass on land? The answer lies with the fact that interests in “real property”, or the land and buildings your ancestors owned, would descend automatically to the deceased immediate heir. The church law, however, stated that at least one-third of a man’s property should pass directly to his widow as her dower and then one-third to all his children.

In theory these rules could not be broken, however property owners found ways that they could get around them. As an example, whilst “Copyhold land” – land held from the Lord of the manor – could not be left in a will before 1815, it could still be given up or “surrendered” to be used in a will. This effectively meant that it could be left to whomever a person wanted! Other methods of circumnavigating the rule was to transfer one’s property to trustees who would hold it during the owner’s lifetime as per that person’s instructions.

If you are lucky and find your ancestor has left a will you will see just how useful it is to the family historian.

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Manorial Documents in English Family History Research

Ancestral Trails-The Complete Guide to British Genealogy and Family HistoryI’ve been dipping back into Mark Herber’s book “Ancestral Trails” published by The History Press 2005, looking at the subject of researching back before Parish records started in the mid-16th century. He warns his readers to expect difficulties tracing their ancestors in that time. It seems that before then, you are only likely to come across sporadic references to your ancestors – or perhaps more properly people who could be your ancestors – in wills, tax records or court documents. Herber writes that “… you are unlikely to be able to trace a line of descent in this period (and in particular find documents that evidence that one man was related to another) unless you find your ancestors in property records.”

Now property records can be found for people from various classes, those who were substantial land owners and also yeoman, tenant farmers and labourers. This is why it is said that English manorial documents are perhaps one of the few types of records in which genealogical information about the common man, as opposed to those from the upper classes, is likely to survive from medieval times.

So what was the manorial system?

In the England of the Middle Ages, land was held from the English monarch by a lord and on his land the peasants worked and received his protection in return. Anglo-Saxon society was, as in most of the other European countries, rigidly hierarchical. Social status depended on birth and family relationships. Power was gained through the ownership of land, as this was the principal source of wealth at this time.

After the Norman conquest of England all the land of England was deemed to be owned by the monarch. The king would then grant use of it by means of a transaction known as “enfeoffment”, where land grants or “fiefs” were awarded to the earls, barons, bishops and others, in return for them providing him with some type of service.

There were two sorts of tenure, according to the type of service rendered by the tenant to the lord, free and unfree. Free tenure can then be broken down into different forms again. A tenure in chivalry, for example “tenure of knight service”, would be where the tenant was charged to provide his lord with a number of armed horsemen. Mark Heber in Ancestral Trails points out that this type of tenure was soon commuted to a money payment (or “scutage”). He also explains that among the types of “free tenure” was to be found “spiritual tenure” where divine services, or “frankelmoign” by which a clergyman, holding land from the lord of the manor, would pay his due in prayers said for the lord and his family.”Socage tenures” existed where the tenant provided his lord with agricultural services such as ploughing the lord’s retained land for 20 days a year.

“Villein tenure” or unfree tenure applied to those men known as villeins, serfs or bondmen. This class of tenant was not free to leave the manor without obtaining the permission of the lord. They would be subject to many obligations, some of which were onerous and these individuals held their land in exchange for providing the lord a number of days work in return. This could be, for example, four days work a week -  but the nature of the work could vary depending on what was required.

Manorial Documents are fascinating for family historians, as are will documents that were not the exclusive preserve of the rich. I shall explore this area again in other posts.

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Irish Family History Research Just Got Easier!

Ireland-Genealogy on the webIt’s a well known fact, in family tree research, that Irish family history is more difficult to do, than that of Ireland’s near neighbours, because of a lack of information and the deficiency of census records pre 1901. But this week I couldn’t help but notice several press releases about how three different websites were going to be able to ease that problem for family historians.

Back in March I spotted that Ancestry (www.ancestry.co.uk) had, for St Patrick’s day, updated its Irish Collection. This Ancestry said at the time was “the definitive online collection of 19th century historical Irish records.” It would, they said, make it easier for the nearly one in five Brits of Irish descent to explore their heritage.

In total, there are now more than 35 million historical Irish records on Ancestry.co.uk, including two million comprehensive new and upgraded records from the critical periods prior to and following the Irish Potato Famine (1845-1852), the single most significant event to drive 19th century global Irish Diaspora.

Next, I came across the news about a smaller enterprise called Ireland Genealogy (http://www.ireland-genealogy.com), this being a fascinating new web site for anyone doing Irish family tree investigation. It has its own database of Irish Pension Record applications, that enables you to lookup information extracted from the missing Irish Census and claims that this will help a researcher save both cash and time.

Their research workers have spent twenty years copying all these written pension applications (green coloured forms) and so giving us access to critical data from the 1841 and 1851 census records for all of Ireland. These pension public records are kept in the Public Records Office of Northern Ireland (in Belfast) and The National Archives, where they are available on microfilm, but this means that they could be quite tricky to understand as they are in no specific order. What is more, the records data held by P.R.O.N.I. are not indexed, adding to the difficulty of doing your research.

Ireland Genealogy claims that their database, of those pension applications, enables you to now look up this information with ease.

The third Press Release, that caught my eye, was from Brightsolid about the launch of their new website www.findmypast.ie on to the web. With online access, from the start, to over 4 million Irish records dating from 1400 to 1920s and the promise of over 50 million records to be available in the first year to eighteen months, this is a welcome addition to the findmypast family.

There are approximately 80 million people worldwide, who claim to have Irish ancestry, with just over half of this number (41 million) being Americans, the limited resources previously availble to them, to connect with their past, may at last be being redressed.

Findmypast.ie claims that they will carry “…the most comprehensive set of Irish records ever seen in one place, going back to 1400 right up until the 1920s, including the Landed Estates Court Records, the complete Griffith’s Valuation of Ireland and the Directories collection.” They will be offering high quality images of records on this site.

With the addition of these three resources, online, it would seem that Irish family research just got a bit easier.

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Surname Research in British Family Trees

I’ve heard tell that there are over 25,000 different surnames in use in the British Isles today!

When you consider that, until the medieval times, most people would not have had a hereditary last name, this does seem quite a variety. And yet, in family history research, there is the perennial problem of how to research a common surname, indicating that for some of us there would perhaps be a preference for even more examples of surnames to have been added to the total.

If we were to go back to the time before the 11th century, then most of the population of these isles were known by a personal name, or nickname and would not have possessed a surname. The church would have baptised them with Christian names, usually those of a saint, as this was of more concern to the ecclesiastic authorities.

It would have been as a result of the arrival of written documents, in the 11th and 12th centuries, that the need for people to be identified more precisely would have led to the gradual adoption of surnames. The problem associated with the use of nicknames was that they were not fixed. A person could be known by several during the course of their lives and so this was not conducive to the operation of a bureaucracy.

Most surnames fall into one of six types.

There are the Place names derived from towns, areas or perhaps a farm. So we assume that the ex-Formula 1 racing driver, Derek Warwick’s name comes from the town in the Midlands.

The second type is taken from a physical feature. So we have such names as Hall, Westlake, Thorn and my parent’s next door neighbours the Underwoods.

Thirdly there are the surnames that owe their origins to a nickname, or physical characteristic. The likes of Large, Long, Short etc. fall into this category.

Johnson and Richardson are example of the fourth type; those that are from family relationships. Mostly these are from “son of…” but I have to say until I started doing a little research I was unaware that there are some derived from the maternal line, thus the son of Matilda is Tillotson.

A fifth type to consider is that of an ancestor’s occupation. so we have Cooper, Smith, Archer and Baker, to name but a few.

Lastly there are the surnames that are derived from forenames. Alan, Stephens

But this is not all, because there are the surnames that have entered common use in this country that are from elsewhere. So in England you have Scottish, Irish, French Huguenot and Jewish surnames all established and quite common. What is more, surnames may have had several different origins and may have evolved over time, so making the precise definition very difficult.

Surnames may be important to our family history research, but it should be remembered that they are an imprecise science. While many of them may be quite local and remain so even to this day, the chances are that your ancestors moved from their place of origin and so making it more difficult for you to tie them down. It is, therefore, very unlikely that a surname will be able to pinpoint a family’s origin, except in the case of a rare name which owes its existence to a particular location, where the name itself is very common.

Names changed over the years for a variety of reasons, some because the holder was illiterate and it was interpreted to be spelt in one way or another by the vicar, some changed because the holder decided to change it. I am fascinated why my surname, Thorne spelt with an “e” only goes back to my 2 times great-grandfather who in the 1861 census is without the “e” and yet in the 1871 census is with!

So while we all have surnames today, it is by no means certain that yours has not changed through time.

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Tracing Ancestors With a Common Surname

Online-Old-Parish-RecordsThe problem of tracing an ancestor, with a common surname, is one of those brick walls that many of us come up against in our family tree research. When it occurs after the introduction of state run vital indexes, in 1837 for England & Wales and eighteen years later, in 1855, when Scotland adopted the idea, it can be difficult to find the exact person that is our forebear, but at least we have a central index to search. The Crown Dependencies followed suit at different times again, so you will see civil registration introduced into Guernsey in 1840, Jersey in 1842, Alderney in 1850 and Sark in 1915. The Isle of Man beginning compulsory civil registration of births and deaths in 1878 and then marriages in 1884.

But what about searching for a Smith or Jones in the years pre-civil indexes? If you are expecting an easy answer I’m afraid I am going to disappoint, as common surnames do present us family historians with great difficulties to overcome. Having said that, however, all may not be lost.

If the ancestor in question has an unusual first, or middle name, then this may help you enormously to single your likely candidate out from the others. In my own research it was not the actual man I was trying to track down who had the unusual middle name, but his son. I had already made the connection to John Branton Thorn via the prime sources and knew him to be my ancestor. I was now on the trail of five or six John and Sarahs who were candidates for his parents, according to his baptismal details. So which of the various John Thorns who married a woman whose first name was Sarah in various parts of Devon jumped out as a strong possibility? It was the one where the bride’s surname was Branton.

The advice I have been given is to try to tie the person with the common name to one with a less than common one. It could be their wife, a brother or sister and so on and perhaps it is an unusual first name, middle name, or maiden name you can use.

If you are not able to find your ancestor for certain in the church registers, then always remember that the Bishop’s Transcripts may possibly harbour more information than the register did. It is not a certainty that it will, but it is worth a look.

Try using Wills and Admons to see if you can find the possible parents (or a brother, sister or other relation) naming your ancestor as a beneficiary.

Another point to be aware of is that even with a less common surname there can be many problems to overcome in family history research. As spelling of surnames varied so much, until the mid 19th century or later when they became more fixed, and with many of our ancestors not being literate, the clergy often recorded the name as they thought they heard it and so a regional accent is probably responsible for one line of my ancestors being recorded as Sysal, Sissell, Sissill and Sizzall in the church records from 1780 to 1798.

If the person you are researching was born in the years just before civil registration began, but was likely to have died after the death registers began, how about looking for them in these records. You can also use the church burial records, if you know the parish they died in. What about trying the National Burial Index? If you just have a first name and a common surname I grant you that this is not going to be much help to you but if you know the place that they lived then you may be able to narrow down you likely forebears.

On the subject of places, some names can be very common in one area, for example Thorn/Thorne in Devon, but a common name may not be so common in another place.

Advice that I have seen given on other blogs and forums say that you should:

  • Learn as much identifying information as you can about the ancestor you are researching.

So look for family bibles, they can list the names of children. Think about whether there are any other records for the district where your ancestor lived that they may have been recorded within? Taxes, land records, muster rolls, etc.

  • Make a chronology of the ancestor’s life if you can; where did they live for the various events in their lives? Can you identify the street, the town or hamlet for the significant moments in their time-line? If you can then you have a framework to work with.

Common surnames are certainly a problem for family history researchers trying to populate their family tree and sometimes there will be no easy answer. Persevere, however, as more and more records become available there is always a chance that your ancestor may be within one of them.

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Researching family in Jersey, part 9: photos, newspapers and books

To wrap up the series, there’s a miscellany of other potential avenues that are worth exploring.

First of all, there are photographs. If you have family photos you will almost certainly have cursed the elderly relatives who put them in an album and then never got round to labelling who, what and where they were. But… there are some useful tricks to use.

First of all, scan the photograph at the highest resolution you can. If you can be sure the photo was taken and developed in Jersey, you may be able to identify the firm who developed it. A gentleman by the name of Richard Hemery has put years of work into this, and for some of the better known photographers his efforts will allow you to pin the photograph’s date down quite well.

Halkett Place, St Helier, JerseyThis particular photo is a neat example. Richard’s work tells us there were only two firms who put reference numbers on the front of prints, both operating in the 1930s. But there’s more: a high-res scan picks up the name Le Riche over the shop awning behind and left of the lady, and also makes the colonnade on the right clearer. That pins the location down to Halkett Place by the Central Market, and the date has to be after 1932, when Le Riche’s (a long-established island grocer) opened their shop there.

 

“Ah,” you say, “but I don’t have that depth of local knowledge”. But other people do. The Société Jersiaise run an online photographic archive: two of their members are currently going through the massive task of cataloguing every Jersey picture postcard in existence. Talk to them: they could have the information to fill in some gaps. Or use the libraries (see below)

In addition, there’s what the newspapers may have said. The first newspaper on Jersey was published in the late 18th Century, and there have been a number of different publications since, right down to the Jersey Evening Post (usually referred to just as the JEP) of today. The JEP has always been a very parochial paper in the better sense of the word: it reports everything and anything that goes on. If your relative was a prominent member of a local church or a schoolmaster or a farmer, it’s quite possible that they’d get a respectable tribute from the JEP when they passed away.

The central Library in Halkett Place has a very comprehensive collection of microfilmed newspapers – they’re up on the first floor. You need to book a reader – it is worth doing this in advance, particularly if you want the one that will print to paper. E-mail je.library@gov.je and they will sort things out.

While we are talking about libraries, there are collections of reference books at the Coutanche Library (the NoseyGenealogist will be releasing a film guide to what they have shortly) and smaller collections at both the Archive and the Central Library to supplement your knowledge of Jersey’s history and culture.

This is of necessity a scratch at the surface of family history research. I hope you’ve found it helpful. Happy hunting, and – À bétôt!

 

Guest blog by James McLaren from the Channel Islands Family History Society

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Researching family in Jersey, part 8: Military Records

Being rather close to the continent as it is, Jersey has had more than its fair share of unwelcome visitors. The French invaded in 1781 and the brave Major Pierson beat them back but died before the end of the battle: the artist John Singleton Copley painted the scene (some years after the event) and the resulting picture is one of Jersey’s iconic images.

 

The years that followed this were uncertain ones, and the uncertainty became worse after the French Revolution. There was a real concern that the French would try again. But at the start of the 1800s, General George Don was appointed as Jersey’s Governor-General.

 

General Don put in place a massive programme of fortification works and new roads, and alongside that he carried out two censuses in 1806 and 1815 to track where the able bodied fighting men were. In addition to this, the censuses recorded the sizes of the households and the number of women, girls and under-aged boys.

 

Transcripts of both censuses are kept at the Archive. They were originally transcribed in the original format, names by parish and vingtaine, but there is also a single combined list of names for the 1815 Census. It gives an indication of the position of the listed man of the household and whether he was an ordinary soldier, or a drummer, or providing a horse.

 

Alongside the local militia forces, the British army maintained a significant garrison in Jersey right up to the Second World War. Its main sites were at Elizabeth Castle and Fort Regent, and regiments rotated in and out regularly. The Army doesn’t maintain a single definitive list of which regiments served when in the Jersey garrison, but there are partial lists compiled by CIFHS members in the Archive. There are also a small number of baptism, marriage and burial records which were kept specifically by the garrison rather than the parish of St Helier – and these may be worth a look.

 

Nearly at the end. The next post looks at what you can get from books, newspapers and photographs – until then,  à bientôt!

 

Guest blog by James McLaren from the Channel Islands Family History Society

 

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Researching family in Jersey, part 7: Property Records and PRIDE

A Jersey Property Deed by Nick Thorne
A Jersey Property Deed

Establishing who owns land or a house on it is important, and pretty well every country has a land registry. Jersey’s is small but perfectly formed because every property transaction goes before one single body, the Royal Court. Apart from a small number of mid-17th century transactions, records are complete back to 1602. The first 150 years of records are on paper, but everything subsequent to about 1800 has been scanned and indexed into a computer system called PRIDE. There are two terminals at the Archive. One is upstairs in the reading room, the other is downstairs in reception – which is exceedingly useful as it can be used between 1pm and 2pm when the reading room is shut. You will need a member of staff to log you on.

PRIDE has a very simple search interface, and for most purposes you need a name to investigate, but it can be a hugely useful tool. Not only do you find sales of property, but after 1841 you will also find wills and details of partages – arrangements which exist to deal with the complexities of Jersey’s Norman-based system of inheritance.

You will also find details of rentes. Rentes are a little like a mortgage – you agree to long-term instalment payments in return for a capital sum – but unlike modern mortgages they are theoretically perpetual, and they can be inherited or traded between individuals, although there are very few left today. Also on PRIDE you will find details of procurations – in other words, appointments of attorneys to act on behalf of an individual – for more recent times.

If you start in modern times – after about 1980 – you can search properties. Any sale contract has to include a recital of title – in other words, who the seller acquired the property from and when. If you are fortunate it is then possible to work back up the chain…

Even if you don’t understand all of the legal niceties, PRIDE can still be hugely informative. A search for Philippe Du Feu threw up a document dated 1826. It didn’t actually concern Philippe so much as his wife Elizabeth Amy: the Amy family had created what we call a partage des heritages to ensure that the five daughters were provided with money for homes by their brother who had inherited the estate. In doing so the document gives us the names of all of Elizabeth Amy’s siblings, the names of their husbands (if they were married at that point), her parents, her brother’s grandparents and several aunts and cousins. None of that detail is on the Du Feu family tree. And study of the contract itself could give a great deal more information to the family historian – how generous the settlement was (or wasn’t) could indicate the social standing of the family.

Next time we’ll be looking at military records. Until then – À bétôt!

Guest blog by James McLaren from the Channel Islands Family History Society

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More Data Released by TheGenealogist.co.uk

I like to keep you informed about new releases in the British Isles family history niche and so today I was looking to see what was new at TheGenealogist.co.uk.

Of interest to me was the fact that they have added over 3,000 individuals to their Parish Transcripts for Devon, expanding their coverage and bringing the total to over 66,000 individuals. The date ranges are different for baptisms, marriages and burials and are:

Baptisms: 1594 – 1944
Marriages: 1538 – 2009
Burials: 1593 – 2009

For those of you researching other parts of the UK, I also noticed that they have recently released hundreds of thousands of other parish record transcripts, for several counties of England, which has got to be good for those of us trying to get back before 1837 in England & Wales.

While for family historians, who are looking to do some research in the opposite direction and trying to find ancestors later than the 1901 census, TheGenealogist.co.uk has now launched the first county of the 1911 Census on their site. They say that their colour images are of a higher quality and higher resolution than those that have been available online before, so this could be interesting when looking at the handwriting of our actual ancestors.

In a recent news update, that I had from them, I see that they are now also making available pre-1841 census records and various Scottish Census records for 1851. The pre-1841 census in question is for Marylebone in London for both 1821 & 1831. The details only include the surname of the head of household and street name, unlike the later census. None the less, this could be of great help to some researchers trying to find their ancestors. To search these new records, simply go to TheGenealogist.co.uk, log in and select the London census from the research view and then change the year to 1821 or 1831. (Disclosure: I am a Compensated Affiliate of The Genealogist.co.uk)

Yet another data set, announced by the site, is the release of the Australian transportation records. These records take the form of transcripts, but with access to images of The Convict Transportation Registers 1787-1867. Covering details of over 123,000 of the estimated 160,000 convicts who were transported to Australia during the 18th and 19th centuries, the records mainly include those convicted in England, Wales and Scotland, but also include a small number of Irish convicts.

The database also includes soldiers who had been court-martialed and sentenced to transportation. These ‘soldier convicts’ may have been convicted in various British colonies, including the West Indies, Canada, India, and Pakistan. You’ll find these records in the British & International section of The Genealogist.co.uk’s research view.

The Genealogist - UK census, BMDs and more online

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Researching family in Jersey, part 6: using the rates listings.

There are not many places where the contribution you make to property rates is public knowledge, but Jersey is one of them.

In Jersey rates are paid in two parts: one part is paid by the owner of the property (the foncier rate) and the other is by the occupier (mobilier rate). There are sets of rate books in both the Archive and the Coutanche Library covering about a century up to 1965, plus some more recent data as well (ask for Taxation du Rât)

Jersey Taxation Du Rat BooksThese aren’t the easiest of documents to use, because the listing is an alphabetical list of ratepayers in each vingtaine (a vingtaine is a subdivision of a parish; the smallest parish (St Mary) has two, while St Helier has seven).

Ideally you need a detailed map of Jersey and a lot of patience – but the listings can be very rewarding. They will indicate whether someone owns a property or not: they can also indicate something about the condition or size of the property (someone paying 5 quartiers of mobilier rates a year is going to be living more modestly than someone paying 20 quartiers a year. It’s also indicative, at least to some degree, if the person you are researching is not on the list of ratepayers – that would indicate someone who was probably in a shared tenement and fairly low down the pile (because this became a lot less common as slum housing started to be replaced in the 20th century). Some of the parishes also published lists of people with dog and/or gun licences alongside their rates.

The existence of the rates books is also very handy in tying movement down. I knew that my wife’s family moved from one address to another between the 1891 and 1901 censuses: the fact that they suddenly started paying rates in 1896 or so pinpoints the move more exactly. Equally, my second cousins had a hotel in Grouville, but they disappear from the rate books in about 1905 – only a year after the owner (to whom one of them was married) died.

Property owners have to acquire their property, and next time we’ll be looking at what you can get from Jersey’s land registry system. Until then – À bétôt!

Guest blog by James McLaren from the Channel Islands Family History Society

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