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regard to third parties, who had no connection Mineral lands, see "Mines and Minerals," $ 1. with the agent in the perpetration of the fraud. Power of congress over arid land in territories: -Armstrong v. Ashley, 270.

see “Territories." Power of United States to reclaim arid lands,

see "United States," § 1. PRINCIPAL AND SURETY.

Scope and extent of review by supreme court of

issues relating to patents to public lands, see See "Guaranty.”

"Courts," $ 13. Sureties on bonds on appeal or error, see “Apols 1. Survey and disposal of lands of peal and Error,” g 8.

United States.

Order of Land Department directing local PRIORITIES.

land office to suspend from pre-emption, settle

ment, and sale a body of land "about 20 miles Of claims against bankrupt estate, see "Bank-in width” held not so indefinite as to be withruptcy,” 8 5.

out legal force as to lands within 10 miles of a railroad for the benefit of which the order

was made.-Northern Lumber Co. v. O'Brien, PROCESS.

249. Adoption by federal courts of practice of state Act July 2, 1864, c. 217, 13 Stat. 365, 367, to

*Where land at the date of the grant, under court on questions relating to appearance, see the Northern Pacific Railroad Company, was

"Courts," $ 7. Effect of appearance, see "Appearance."

withdrawn for the benefit of the Lake Superior In action removed to federal court, see “Re- & Mississippi Railroad under prior grant by moval of Causes," $ 4.

Act May 5, 1864, c. 79, 13 Stat. 64, it was To sustain judgment, see "Judgment," $ 1.

not public land within the meaning of the later

grant, and did not pass under it.-Northern Particular forms of writs or other process. Lumber Co. v. O'Brien, 249. See "Injunction"; "Mandamus."

Sale of a homestead claim before patent, though void, may be treated by the Land De

partment as abandonment of the homestead apPROHIBITION.

plication and entry.-Love v. Flahiye, 486. Of traffic in intoxicating liquors, see “Intoxi

Findings by Secretary of Interior that desig. cating Liquors.

nated party to a controversy in the Land Department had a right to enter_land as a home

stead held not to prevent the Department from PROOF.

instituting further inquiry and awarding land

to a third person.--Love v. Flahive, 486. Of debts in bankruptcy, see "Bankruptcy," § 1.

Secretary of Interior, acting through Com

missioner of General Land Office, held to have PROPERTY.

the right to charge various registers and re

ceivers with duty to sell lands ceded by the See "Mines and Minerals" ; "Shipping."

Osage Indians to the United States by treaty Adverse possession, see “Adverse Possession.” of September 29, 1865 (14 Stat. 687), and to Constitutional guaranties of rights of property, States, 631.

limit their compensation.-Stewart v. United see “Constitutional Law," $$ 7-10. Taking for public use, see "Eminent Domain." No commissions for selling lands ceded by

Osage Indians to the United States by treaty

of September 29, 1865 (14 Stat. 687), beyond PROXIMATE CAUSE.

annual compensation, can be claimed by register

of land office.-Stewart v. United States, 631. Of injury, see “Negligence," 1.

Party in possession of public land with intent

to enter as a homestead, who makes a sale PUBLIC IMPROVEMENTS.

which Land Department treats as abandonment

of right of entry, cannot create a new right as By, municipalities, see “Municipal Corpora- against party to whom he sold.-Love v. Flations," $ 2.

hive, 729.

§ 2. Spanish, Mexican, French, and PUBLIC LANDS.

Russian grants.

*Judges of superior court of West Florida Accrual of right of action against homestead Congress, within Act June 22, 1860, c. 188

were public officers acting under authority of settler, see "Limitation of Actions," $ 1. Adverse possession of rights in, see “Adverse from embracing among the Florida claims to be

(12 Stat. 85, 87), $ 3, prohibiting commissioners Possession," § 1. Claims against United States for commissions fore any board or other public officers acting

confirmed any claim heretofore presented bein sale of, see "United States," $ 2. Dismissal of writ of error in supreme court in fraudulent.-United States v. Dalcour, 58.

under authority of Congress and rejected as proceedings involving questions relating to, see “Courts," § 13.

*Florida land claims previously rejected as Jurisdiction of United States supreme court in fraudulent, when the fraud was of a nature

cases involving questions relating to land avoiding treaty with Spain February 22, 1819 claims, see "Courts,". $ 11.

(8 Stat. 258), as well as when the fraud reLaws relating to grazing on as denying equal lated to some other material fact, held covered

protection of law, see “Constitutional Law," by proviso in Act June 22, 1860, c. 188 (12 Stat. 8 6.

85), prohibiting commissioners from confirming *Point annotated. See syllabus.

any claims rejected as fraudulent.-United Dismissal of writ of error in supreme court in States v. Dalcour, 58.

action involving validity of laws relating to *The rejection of a Florida land claim by

condemnation of shares of stock belonging to judge of superior court of West Florida, under

minority stockholders, see "Courts," $ 13. Act May 23, 1828, c. 70 (4 Stat. 284, 285), $ 6, District in which suit must be brought to canfor unwarranted alteration in the date of the

cel deeds and leases of railroad property, see registro, held to bring the case within Act June

"Courts," $ 3. 22, 1860, c. 188 (12 Stat. 85), § 3.-United Expert testimony as to safety of appliances, see

"Evidence," $ 3. States v. Dalcour, 58.

Grants of land in aid, see "Public Lands," $ 1. A judge of the superior court of West Florida, Judicial sale of property in proceedings to enacting under Act May 23, 1828, c. 70 (4 Stat. force forfeiture for building outside of right 284, 285), § 6, had jurisdiction to reject land of way, see “Judicial Sales.” claim because of unwarranted alteration in date Jurisdiction of United States Supreme Court of of the registro which would save the grant from action by trustee of railway suing in name of invalidity under treaty with Spain February state, see "Courts," $ 9. 22, 1819 (8 Stat. 258).- United States v. Dal- Laws relating to condemnation of stock of railcour, 58.

road companies owned by minority stockholdAct Cal. April 2, 1866, ratifying conveyances

ers as impairing obligation of contract, see by city of Monterey of pueblo lands confirmed

"Constitutional Law," $ 4. to that city by the United States and patented | Laws relating to liability of railroad companies to it, held valid.-City of Monterey V. Jacks,

for injuries to servants as denial of due pro67.

cess of law, see "Constitutional Law," $ 7.

Railroad commission as court within laws forPUBLIC USE.

bidding federal courts to enjoin proceedings in

state courts, see "Courts," $ 18. Taking property for public use, see "Eminent Railway postal clerks, see "Post Office," $ 1. Domain.”

Regulations interfering with interstate com

merce, see "Commerce," $ 3.

Regulations of denying due process of law, see PUBLIC WATER SUPPLY.

"Constitutional Law," § 7.

Taxation of, see "Taxation," $$ 3, 5, 6.
See "Waters and Water Courses," 8 2.

RATIFICATION.
QUARANTINE.

Of acquisition of territory by United States, Appellate jurisdiction of supreme court in ac- see "Territories."

tion involving regulations, see "Courts," $ 14. of illegal collection of customs duties, see "CusRegulations interfering with interstate com- toms Duties," $ 1. merce, see "Commerce," $ 3.

Of judicial sales, see "Judicial Sales."

QUESTIONS FOR JURY,

REAL ESTATE AGENTS. In criminal prosecutions, see “Homicide,” 8 1. See "Brokers."

one

QUIETING TITLE.

RECEIPTS. Appellate jurisdiction of supreme court in ac; Warehouse receipts, see "Warehousemen."

tion to quiet title as determined by federal
question, see "Courts,” 14.

RECEIVERS.
RAILROADS.

Conclusiveness of adjudication ordering sale of See "Street Railroads."

property by, see "Judgment,” § 6. Accrual of right of action by railroad against $ 1. Foreign and ancillary receiverhomestead settler, see "Limitation of Ac

ships. tions," $ 1.

Receiver of domestic corporation upon whom, Action against railroad commission

as quasi assignee, is conferred by Gen. Laws against state, see "States," $ 2.

Minn. 1899, p. 315, c. 272, authority to enforce Adoption by federal court of practice of state liability of stockholders, may sue in a foreign court relative to appearance by, see “Courts,” jurisdiction.-Bernheimer V. Converse, 755;

Drey v. Same, Id. Adverse possession against, see "Adverse Pos

session," $ 1. As employers, see "Master and Servant.”

RECORDS. Bar of action to recover land by railroad by

former adjudication, see "Judgment," 5. Of assignment of chattel mortgage, see "Chattel Carriage of goods and passengers, see "Carri- Mortgages," $ 1. ers."

Of lis pendens, see "Lis Pendens." Condemnation of shares of stock owned by mi-Transcript on appeal or writ of error, see "Ap

nority stockholders as denial of due process peal and Error," $ 4.

of law, see "Constitutional Law," $ 7. Denial of privileges and immunities of citizens by laws relating to liabilities for injuries to

REFERENCE. servants of interstate carriers, see "Constitutional Law," § 5.

In bankruptcy, see "Bankruptcy," 8 1. *Point annotated. See syllabus.

§ 7.

REHEARING.

§ 2. Citizenship or alienage of parties.

The federal court to which a case has been Appealability of order denying, see "Appeal and removed held to have properly refused to reError," 2.

mand, where the testimony shows that the real purpose of plaintiff in suing jointly in tort

a resident employé and his nonresident emRELEASE.

ployer was to prevent exercise of right of re

moval by defendant.-Wecker v. National En8 1. Construction and operation.

ameling & Stamping Co., 184. Claims growing out of delay caused by government as well as by change in specification

*Express declaration in Code Iowa 1897, held included in release given to United States 2009, that on appeal from commissioners by builders of battleship of all debts, dues, award in condemnation proceedings the landmoneys, and demands on account of the con

owner shall be plaintiff and the corporation struction of the vessel.–United States v. Will defendant, held not to fix the status of the iam Cramp & Sons Ship & Engine Blåg. Co., | parties under the removal act.-Mason City 676; William Cramp & Sons Ship & Engine & Ft. D. R. Co. v. Boynton, 321. Bldg. Co. v. United States, Id.

§ 3. Remand or dismissal of cause.

Uncontradicted testimony that resident em

ployé, sued jointly in tort with nonresident RELIGIOUS SOCIETIES. employer, was merely a draftsman engaged in

drawing the apparatus alleged to have been Conditions in deed by board of missions, see so defectively constructed as to have injured "Deeds," $ 2.

plaintiff, held sufficient to support conclusion of law that joining such employé as defendant

was for the sole purpose of preventing removal REMAINDERS.

by nonresident defendant.-Wecker v. National

Enameling & Stamping Co., 184. Creation by will, see "Wills," s

§ 4. Proceedings in cause

after

re

moval. REMAND

Want of jurisdiction over the person of de

fendant in case removed to federal court before Of cause removed from state court, see "Remov

service of summons on a special appearance does al of Causes," $ 3.

not under Removal Act March 3, 1875, c. 137, § 4, 18 Stat. 471 [U. S. Comp. St. 1901, p. 511),

preserving the lien of attachment prevent federal REMEDY AT LAW.

court from entering judgment against real

property of defendant which had been attached Effect on jurisdiction of equity, see "Injunc- where state court, but for such removal, might tion," $ 1.

have rendered such judgment.-Clark v. Wells, 43.

Service by publication as prescribed by state REMOVAL OF CAUSES.

statute for nonresidents cannot be had in federal

Circuit Court to which an attachment suit has Appealability of decision on motion to remand, been removed before service of summons.see "Appeal and Error," $ 2.

Clark v. Wells, 43. Exercise of right of as appearance, see "Appear

ance.Mandamus to compel remand of case to state

RENT. court, see "Mandamus," § 1. Objections for purpose of review of questions re- See “Landlord and Tenant," $ 2.

lating to see "Appeal and Error," $ 3. Removal of accused to other district for trial,

REPEAL. see “Criminal Law," § 5. § 1. Power to remove and right of re- Of statute by treaty, see "Treaties."

moval in general. *A suit, which by reason of nonresidence of

REPLEVIN. parties could not have been brought in the federal Circuit Court in the first instance, held Form of remedy on proceedings for review, see not removable to that court from the state court on the ground of diverse citizenship, under

“Appeal and Error," § 1. Act March 3, 1887, c. 373, 24 Stat. 552, and Act. Aug. 13, 1888, c. 866, 25 Stat. 433 [U.

REPORT. S. Comp. St. 1901, p. 508].-Ex parte Wisner, 150.

By national bank officers, see "Banks and Bank. A party who has wrongfully procured re- ing," 8 1. moval from the local Porto Rican court to the federal District Court of a case within the

REQUESTS. original jurisdiction conferred on the latter court by Act March 2, 1901, c. 812, § 3, .31 For instructions in civil actions, see "Trial,” $ 1. Stat. 953, cannot, after judgment against him, For instructions in criminal prosecution, see assert that the federal court had no jurisdic- "Criminal Law," $ 7. tion because of irregularity of removal, though by Act April 12, 1900, c. 191, $ 34, 31 Stat. 84, it is provided that the laws of the United

RES JUDICATA. States as to removal of causes shall control in Porto Rico.-Garrozi v. Dastas, 224.

See "Judgment,” $8 5, 6. * Point annotated. See syllabus.

RESTRAINT OF TRADE.

§ 1. Liabilities of vessels and owners

in general. Trusts and other combinations, see “Monopo- not, as a matter of law, free from negligence

A captain navigating in Lake Superior held lies," & 1.

in colliding with an uncompleted extension of a

government breakwater.-Davidson S. S. Co. v. REVENUE.

United States, 480.
See "Customs Duties"; "Taxation."

SPANISH GRANTS.
REVIEW,

See "Public Lands," $ 2.
See "Appeal and Error”; “Certiorari" ; "Crim-
inal Law," $ 8.

SPIRITUOUS LIQUORS.

RISKS.

See "Intoxicating Liquors." Assumed by employé, see "Master and Servant,” $ 2.

STATES. Within insurance policy, see "Insurance," $ 1.

See "United States."

Appellate jurisdiction of Supreme Court of casSALES.

es originating in state courts, see "Courts," $$

13-15. Guaranty of purchase price, see "Guaranty," Courts, see "Courts." $ 1.

Demurrer to pleading in action to adjust liabilPlea in action on bond to secure price of mer- ities of for indebtedness, see "Equity," $ 2. chandise, see "Pleading,” $ 1.

Interstate extradition, see "Extradition," $ 2. Sales of particular species of, or estates or in

Legislative power, see "Constitutional Law,"

$ 2. terests in, property.

Original jurisdiction of United States Supreme See "Intoxicating Liquors."

Court of actions by or between, see "Courts,' Patent rights or patented articles, see "Patents," $ 9. $ 2.

Power to define and punish crime, see "Crimi

nal Law," § 1. Sales on judicial or other proceedings.

Right of to sue United States, see "United See "Judicial Sales."

States," $ 3. On foreclosure of mortgage, see "Mortgages,” | Water rights as between, see "Waters and Wa$ 1.

ter Courses," 88 1, 2. To enforce levee tax, see "Levees."

§ 1. Political status and relations. $ 1. Conditional sales.

Evidence held not to support a verdict that *Contract for sale of certain rails, etc., to channel of the Mississippi river ran to the west remain the property of the seller until pay-of a certain island when Mississippi was admit. ment, held a conditional sale, though posses- ted to the Union, and was, therefore, a part of sion was delivered.-William W. Bierce v. such state.-Moore v. McGuire, 483. Hutchins, 524.

§ 2. Actions.

A suit to enjoin enforcement of order by MissSATISFACTION.

issippi Railroad Commission held not a suit

against the state.--Mississippi R. Commission See "Release."

v. Illinois Cent. R. Co., 90.

Foreign corporations will be enjoined at suit SCHOOLS AND SCHOOL DISTRICTS. of state of Georgia from discharging sulphurous

fumes from their works in Tennessee, polluting Conditions in deed of property of mission school, air over large tracts of territory in Georgia see "Deeds," § 2.

State of Georgia v. Tennessee Copper Co., 618. Validity in general of laws relating to normal The state of Georgia held not guilty of laches schools, see "Constitutional Law," $ 1. barring her right to injunction to restrain

pollution of air by sulphurous gases discharged

by foreign corporation from their works in TenSET-OFF AND COUNTERCLAIM. nessee.- State of Georgia v. Tennessee Copper

Co., 618. In court of claims, see "Courts," § 17. Pleading matter of set-off or counterclaim, see from diminishing flow of the Arkansas river by

Kansas held not entitled to enjoin Colorado "Pleading," § 1.

appropriating its waters for irrigation pur

poses. --State of Kansas v. State of Colorado, SETTLEMENT.

655.

STATUTES. See "Release."

Adoption by United States courts of state laws SHIPPING.

as rules of decision, see "Courts," 8 8.

Laws impairing obligation of contracts, see See "Admiralty"; "Collision”; “Commerce," $ "Constitutional Law," $_4. 1; "Maritime Liens"; "Pilots."

Repeal of by treaty, see Treaties." *Point annotated. See syllabus.

.

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Provisions relating to particular subjects. 1867, Feb. 25, ch. 77, 14 Stat. 409....

42 See “Aliens," § 1; "Army and Navy"; "Bank- 1871, Feb. 6, ch. 38, 16 Stat. 404... 697

ruptcy"; "Banks and Banking," $ 1; "Car- 1872, May 10, ch. 152, § 2, 17 Stat. 91. 258 riers," s 1; “Clerks of Courts" "Colleges 1875, March 3, ch. 137, § 4, 18 Stat. 471 and Universities"; "Corporations," $ 1; "Cus

[U. S. Comp. St. 1901, p. 511].

43 toms Duties" ; "Éminent Domain': "Insur 1875, March 3, ch. 137,'$ 5. 18 Stat. 470 ance," $ 2; "Intoxicating Liquors”; “Master

[U. S. Comp. St. 1901, p. 511].

297 and Servant," $S 1, 2; "Nines and Minerals," 1875, March 3, ch. 152, 18 Stat. 482 [U. S. $ 1; "Patents," $2; “Perpetuities"; "Post

Comp. St. 1901, p. 1568].. ..442, 446 Office," $ 1; “Public Lands," 88 1, 2; '"Street 1885, March 3, ch. 355, $ 2, 23 Stat. 443 Railroads," $ 2; "Taxation.”

[U. S. Comp. St. 1901, p. 572]...

1 Foreign corporations, see “Corporations," § 2. 1887, Feb. 4, ch. 104, 8 9, 24 Stat. 382 [U. Public improvements in cities, see “Municipal 1887, Feb. 4, ch. 104, § 16, 24 Stat. 384

S. Comp. St. 1901, p. 3159]

350 Corporations," $ 2. Removal of accused to other district for trial, 1887, Feb. 4, ch. 104, § 22, 24 Stat. 387

[U. S. Comp. St. 1901, p. 3154].... 709 see "Criminal Law," $ 5.

[U. S. Comp. St. 1901, p. 3170).

350 Venue in criminal prosecution, see "Criminal 1887, Feb. 8, ch. 119, 24 Stat. 388.

48 Law," $ 3.

1887, March 3, ch. 359, § 1, 24 Stat. 505 § 1. Enactment, requisites, and validity

[U. S. Comp. St. 1901, p. 752],

.

324 in general.

1887, March 3, ch. 373, 24 Stat. 552 (U. S. *The validity of so much of Laws N. C. 1905, Comp. St. 1901, p. 508].

.150, 381 c. 538, enacted to prevent dealing in futures, 1888, Aug. 13, ch. 866, 25 Stat. 433 [U. S. as makes indictable the carrying on of "bucket

Comp. St. 1901, p. 508]..

150, 381 shop” business, is not affected by any repug- 1889, Feb. 22, ch. 180, § 17, 25 Stat. 676. . 281 nancy to due process of law or equal protection 1889, March 2, ch. 382, § 6, 25 Stat. 855 of the laws under Const. U. S. Amend. 14, be

[U. S. Comp. St. 1901, p. 3158].... 358 cause of a provision of the act raising a prima 1890, May 2, ch. 182, $ 10, 26 Stat. 87... 25 facie presumption of guilt from proof of cer- 1890, June 10, ch. 407, 26 Stat. 140. 191 tain acts when done by persons generally - 1890, July 2, ch. 647, § 7, 26 Stat. 209 [U. Gatewood v. State of North Carolina, 167.

S. Comp. St. 1901, p. 3202]..

65

1890, Aug. 8, ch. 728, 26 Stat. 313 [U. S. § 2. Construction and operation.

Comp. St. 1901, p. 3177].

.104, 447 *Re-enactment in the same words of a statute 1890, Aug. 30, ch811, 26 Stat. 417 (U. S. already construed held to give rise to presump- Comp. St. 1901, p. 3211].

613 tion that such construction is satisfactory to the 1890, Oct. i, ch. 1214, § 50, 26 Stat. 624 Legislature.-Copper Queen Consol. Min. Co. [U. S. Comp. St. 1901, p. 1950]..

191 v. Territorial Board of Equalization of Terri- 1891, March 3, ch. 517, 26 Stat. 826 [U. S. tory of Arizona, 695.

Comp. St. 1901, p. 488]...

102 Construction given by Colorado courts to a 1891, March 3, ch. 517, § 5, 26 Stat. 827 statute of that state which was a model for [U. S. Comp. St. 1901, p. 488]..

476 Rev. St. Ariz. 1901, § 3880, defining powers of 1891, March 3, ch. 517, § 6, 26 Stat. 828 board of equalization, need not be followed by

[U. S. Comp. St. 1901, p. 550]......58, 313 Arizona courts construing the statute.-Copper 1892, July 22, ch. 236, 27 Stat. 255. Queen Consol. Min. Co. v. Territorial Board

Amended by Act 1894, Aug. 24, ch, 328, of Equalization of Territory of Arizona, 695.

28 Stat. 501....

440 1892, Aug. 1, ch. 352, 27 Stat. 310 [U. S. Comp. St. 1901, p. 2521]....

600 STATUTES CONSTRUED.

1893, March 2, ch. 196, $82, 8, 27 Stat. 531, 532 [U. S. Comp. St. 1901, pp. 3174, 3176]

407 SPAIN.

1893, March 3, ch, 209, 27 Stat. 612, 633.. 48

1894, Aug. 13, ch. 282, § 5, 28 Stat. 279 CIVIL CODE 1899. [U. S. Comp. St. 1901, p. 2316].

381 Art. 73, par. 3......

224 1894, Aug. 15, ch. 290, 28 Stat, 286. 346

1891, Aug. 24, ch. 328, 28 Stat. 501.... 440

1895, March 2, ch, 188, 28 Stat. 876, 895UNITED STATES. 897

423 1895, March 3, ch. 1427, § 8, 33 Stat. 992, CONSTITUTION.

995 [U. S. Comp. St. 1905, p. 93]..... 425 Amend. 5

25, 742 1896, June 10, ch. 398, 29 Stat. 339, 340. 363 Amend. 13

6 1897, July 24, ch. 11, 30 Stat. 151 [U. S. Amend. 14 72, 108, 167, 188, 289, Comp. St. 1901, p. 1626)....

545 384, 412, 419, 499, 550, 556 1897, July 24, ch. 11, § 1, Schedule C, par. Art. 1, $ 8..

.95, 99 193, 30 Stat. 167 [U. S. Comp. St. 1901, Art. 1, § 10.

1, 550
p. 1615). ..

628 Art. 3, $$ 1, 2..

655 1897, July 24, ch. 11, § 1, Schedule I, pars. Art. 4, § 2..

.111, 122 306, 307, 313, 30 Stat. 175, 178 (U. S. Art. 4, 8 3..

655
Comp. St. 1901, pp. 1656–1659]....

39 1897, July 24, ch. 11, § 1, Schedule K, par. STATUTES AT LARGE.

360, 30 Stat. 183 [U. S. Comp. St. 1901, 1828, May 23, ch. 70, § 6, 4 Stat. 284, 285 58

p. 1666).

634 1860, June 22, ch. 188, $83, 11, 12 Stat. 1897, July 24, ch. 11, § 1, Schedule N, par. 85, 87....

58 408, 30 Stat. 189 [U. S. Comp. St. 1901, 1862, July 2, ch. 130, 12 Stat. 503.

613
p. 1673).

628 1864, May 5, ch. 79, 13 Stat. 64.

249 1897, July 24, ch. 11, § 2, Free List, 30 1864, July 2, ch. 217, 13 Stat. 365.

Stat. 201 [U. S. Comp. St. 1901, p. 1688] 634

249, 442, 446 1897, July 24, ch. 11, § 33, 30 Stat. 213 1866, July 26, ch. 262, 14 Stat. 251... 258 [U. S. Comp. St. 1901, p. 1701]....... 191

*Point annotated. See syllabus.

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