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Literary Motes.

D. Appleton & Co. have ready a manual entitled, "Some Ill-used Words," by Mr. Alfred Ayres. It is levelled especially at some half-dozen errors that are made by well-nigh every writer and speaker. A friend of Mr. Ayres recently perpetrated the following epigram, which has been utilized on a book mark by Mr. Ayers' publishers :"Be you poor or be you rich,

You may misuse THAT for WHICH.
Many, with no thought of ill,
When they should say SHALL, say WILL.
All these common blunders grow

In the field of speech, like tares ;
You can root them out, you know,
If you follow ALFRED AYRES!"

Most timely in its publication is "The Private Life of King Edward VII., by a Member of the Royal Household who has had abundant opportunity of gathering authentic information. Naturally the text concerns itself with the King's life as Prince of Wales. It tells of his education at Edinburg, Oxford, and Cambridge, his travels in America, on the Continent, and in India, his wide acquaintance with men and institutions, his daily life at Sandringham and Marlborough House, his relations to the Church and to art, his patronage of the turf, and all the varied phases of his career. While the book presents the King as a man of the world, this intimate study shows that incidents of his earlier years have led to much exaggeration. The book emphasizes the King's tact, discretion, judgment, and wide knowledge, and places him before the

Doubleday, Page & Co. will publish next month "The Diary of a Freshman,” a book dealing with college life, by the author of 'Harvard Tales."

The Gulf Coast in the vicinity of New Orleans has been a favorite "stamping ground" of Mr. Maurice Thompson-the author of "Alice of Old Vincennes ❞—and in his novel "Sweetheart Manette," to be published this month by Lippincotts, he recurs to this fascinating country. "Sweetheart Manette" is a charming love story and without a problem!

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Nay"; I. Zangwill named Anthony Hope's Quisante" and Stephen Phillip's "Herod "; Sir R. S. Ball, the “ Life of Archbishop Benson, by His Son" and Mary Cholmondeley's "Red Pottage"; Dr. Parker, "Robert Orange and Marie Corelli's "Master Christian "; Arthur Pinero, "Huxley's Life and Letters" and Beatrice Marshall's "Emma Marshall." Of thirtytwo answers, only two mentioned American writers. Max Beerbohm named Henry James' "Soft Side of Life" and Richard Pryce, Annie Wakeman's "Autobiography of a Charwoman." The result of the investigation is astonishing and mixed, to say the least.

"A Royal Exchange" will be the title of the new novel by J. MacLaren Cobban, which will appear soon in Appletons' Town and Country Library. It is described as a fresh and charming romance of outdoor life in the Scotch Highlands, involving glimpses of salmon fishing, and also a royal courtship attended with many incidents. There are curious complications, and the author shows his skill in disentangling difficult situations.

A book of special interest just now is Mr. Justin McCarthy's volume on 66 Modern England Under Queen Victoria" in Mr. Fisher Unwin's "Story of the Nations" series. The author's name is a guarantee for the thoroughness and interest of the work, and among the numerous illustratious are photographs of Her late Majesty, Balmoral Castle, the King and Queen and many other royalties and famous men contemporaneous with the Victorian era.

THE QUEEN'S ACCOUNT OF A VISIT FROM TENNYSON.

From the Queen's Private Diary, Aug. 7, 1883.

After luncheon saw the great Poet Tennyson in dearest Albert's room for nearly an hour; and most interesting it was. He is grown very old, his eyesight much impaired. But he was very kind. Asked him to sit down. He talked of the many friends he had lost, and what it would be if he did not feel and know that there was another world, where there would be no partings; and then he spoke with horror of the unbe- . lievers and philosophers who would make you believe there was no other world, no immortality, who tried to explain all away in a miserable manner. We agreed that, were such a thing possible, God, Who is love, would be far more cruel than any human being. He quoted some well-known lines from Goethe, whom he so much admires. Spoke of the poor Lily of Hanover (Princess Frederica of Hanover) so kindly;

asked after my godchildren. He spoke of Ireland, and the wickedness of ill-using poor animals; “I am afraid I think the world is darkened; I dare say it will brighten again."

I told him what a comfort " In Memoriam " had again been to me, which pleased him; but he said I could not believe the number of shameful letters of abuse he had received about it. Incredible! When I took leave of him, I thanked him for his kindness, and said I needed it, for I had gone through much; and he said: "You are so alone on that terrible height; it is terrible. I've only a year or two to live, but I shall be happy to do anything for you I can. Send for me whenever you like."

I thanked him warmly.

NOTES AND NEWS.

Messrs. Thomas Nelson & Sons, Publishers, of London, Edinburgh and New York, announce that Mr. A. L. Malins, who has represented Messrs. James Nisbet & Co., Ltd., for several years is leaving for Canada about the 15th inst., with a full line of samples, including their new and excellent series of Teachers', Reference, Popular, Searchers and Text Bibles in all kinds of bindings, which are meeting with conspicuous success both in England and America. Another attractive feature in their recent publications is the "New Century Library" of Standard Works, comprising Thackeray, Dickens and Scott, on India paper. These dainty books met with an enormous demand last season, and seem likely to be one of the most successful lines ever handled by the trade.

Soon after "The Heavenly Twins" came out, Lord Crewe, then Lord Houghton and Viceroy of Ireland, had been expressing his opinion that Sarah Grand had no right to call herself "Madame," that title being the privilege, he said, of three ladies only in the United Kingdom: Her Majesty and two Irish ladies-the wife of The O'Donoghue and another. A well-known critic and man of letters conveyed this conversation to Sarah Grand. Oh," said she, "pray tell Lord Houghton that I do not call myself Madame after people of that kind but after my dressmaker--a woman of taste, to whom I owe a good deal."

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Conan Doyle says that E. W. Hornung's latest novel," Peccavi," is "a very fine and a very noble book."

The success of "Alice of Old Vincennes," by Maurice Thompson, has brought to the front a number of the author's earlier novels

published some years since, which are now re-published from their original volume or serial form in new shape, and, in one instance, under a new title" Milly" being the story originally published under the title of "At Love's Extreme." It is doubtless gratifying to an author when he achieves so striking a success as to bring all his earlier work again to public attention, but Mr. Thompson might not feel complimented if the public should get the impression that his literary mill had been grinding at such speed as to turn out three or more new books within the short period since his bestknown work has been published. Mr. Thompson is understood, however, to have another new novel in preparation, which will be issued, as soon as completed, by the Bowen-Merrill Co., the publishers of "Alice of Old Vincennes."

Alfred Harmsworth says that Harold Frederic painted Whittaker Wright-the centre of the recent black storm in the London Stock Exchange that carried down sixteen houses--as "the financial villain" in "The Market-Place."

Dr. Joseph Parker says that "Robert Orange," by John Oliver Hobbes, was the

best book of 1900.

W. W. Jacobs, who is one of the best-paid writers of short stories in London, works so slowly that he cannot turn out more than four or five thousand words in a month, and must often shut himself up in his study, and sit there for hours before anything comes to him.

"Mr. Robert Barr is to bring out a new novel, which I hear is to deal with the Tammany methods of government. If so, he has certainly found a subject that in his clever hands ought to be very interesting, especially in America. The last I heard of Mr. Barr he was on the point of starting for Nice, where he intends to spend the winter. Such being his present intention, I should not be in the least surprised to run across him in Egypt, whither I hope to go for a brief vacation. If you find out where Mr. Barr is, and go there in search of him, he is sure not to be there. He has a way of getting up in the morning with a sudden decision to go to the ends of the earth, and when he is started, as a rule, he goes somewhere else."- W. L. Alden, in the "New York Times' Saturday Review."

A new story, by Jos. Hocking, entitled "Lest We Forget," is among the forthcoming books this year. The Canadian market has been secured by William Briggs.

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Mark Twain has just been photographed at his desk. He turned to the interviewer with the camera and said: "Now, if Mrs. Clemens had come in and seen that desk being photographed in this shape she would have been aghast at its apparent disorder. But that is not disorder. I know exactly where everything is top and bottom, from a telegraph b ank in its hidingplace to a manuscript or a letter. What looks like disorder to some people is the best of order to others."

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Frederick A. Stokes Co. will publish on Monday, February 25, a new edition of Authony Hope's "Simon Dale,” which is again brought forcibly to mind by the great revival of interest in Nell Gwyn, its heroine, owing to the success of the three plays based upon her career, which are now entertaining the theatre-going public. This new edition will be known as the "Nell Gwyn Edition," and will be sold at a lower price than the original issue. It is an excellent story of the courts of Charles II. and Louis XIV. in the days of their greatest splendor. Both sovereigns figure among its characters as well as the "fair, frail, bewitching" "Nell Gwyn."

A book which is likely to be of interest to agriculturists is "The Feeding of Animals," by W. H. Jordan, Director of the New York State Agricultural Experiment Station at Geneva. It is said to be a throughly scientific treatment of the subject. The publishers are the Macmillan Company.

Harper & Brothers have just ready "Babs the Impossible," the novel by Sarah Grand, author of The Heavenly Twins," which has been so long and eagerly expected; and "A Lady of the Regency," by Mrs. Stepney Rawson, a court novel of the time of George IV. and Queen Caroline, giving a fine picture of English life one hundred years ago.

"The Cardinal's Rose," by Van Tassel Sutphen, published by Harper & Brothers,

has just gone into its sixth edition.

Beulah Marie Dix's new novel,." The Making of Christopher Ferringham," the scenes of which are laid in the days of John Endicott, will be published by the Macmillan Company, March 7.

Sarah Grand's "Babs the Impossible," published one week ago by Harper & Brothers, is already in its second edition, and the publishers are unable fully to supply the demand for the present.

R. F. Fenno & Company have just ready "A Missing Hero," by Mrs. Alexander, who has chosen a South African background for her sometimes exciting story; and " The Heart of the Dancer," by Percy White, full of the vivid, truthful pictures that the author draws so conscientiously and with such fine literary skill.

Next week Mr. Fisher Unwin will issue a second edition of the volume of essays and

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lished a short time since under the title "Pages from a Journal."

Mr. Fisher Unwin will publish an illustrated book written by S. E. Kiser, entitled "Georgie," which may, perhaps, be best described as a combination of humorous philosophy of the Dooley description, and the simplicity of a small boy's thoughts. Thus, it is a book for young and old.

A new and revised edition of two typical stories by Ouida, entitled respectively "A Rainy June" and "Don Gesualdo," will be published under the title "A Rainy June," by Mr. Fisher Unwin next week. The former is an episode concerning an English girl and her Italian husband. The sidelights of the story are vivaciously told, and the narrative, while being both interesting and attractive, points an obvious moral. "Don Gesualdo" is a dramatic narrative with the scene laid in Italy. The plot hangs upon the dilemma of a priest who has heard the confession of a murder and wishes to save a young girl wrongfully accused without betraying his trust. He accomplishes his object in a way which the author describes with her own peculiar skill.

BUSINESS MEN
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Anyone who is wide awake for new ideas can't read this book 10 minutes without getting value for his money.

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A new novel by Amanda M. Douglas, called "A Question of Silence," is in rapid preparation at Dodd, Mead & Co.'s. The hero of the story is a physician who marries a woman in whose family there has been what is technically called "impressionable insanity." To save his child from doom he substitutes another in its place, and finally adopts his own child.

Interest Tables, at 4. 5. 6, 7, 8, 9 and 10 per cent, per annum, by Napoleon Matte 5th edition. Price, $3.00. Three Per Cent. Interest Tables, by the same author. On fine toned paper and strongly bound. Price, $3.00. Interest Tables and Book of Days combined, at 3, 31⁄2, 4, 5, 5, 6, 7 and 8 per cent per annum, by Charles M. C. Hughes. Price, $5.00.

Savings Bank Interest Tables, at 22, 3 and 31⁄2 per cent. (each on separate card), on the basis of one month being 1-12th part of a year, by Charles M. C. Hughes. Price, $1.00.

Hughes' Interest Tables, at 6 and 7 per cent. per annum (on the basis of 365 days to the year), at one, two, three and four months and days of grace. For use in discounting and renewing promissory notes, by Charles M. C. Hughes. On folded card. Price $1.00. Hughes' Supplementary Interest Tables, comprising a Special Interest Table for Daily Balances, showing interest for one thousand days on any amount from $1 to $10,000, or from £1 to £10,000, at % to 3% inclusive. Also a table showing interest for one thousand days at 5%, by means of which (in connection with Comparative Tables) interest for one thousand days can be obtained at any rate from %% to 10% inclusive, and Comparative Interest Tables, &c., by Charles M. C. Hughes. Price $2.00 nett.

Buchan's Sterling Exchange Tables, advancing by 8ths and 16ths, with other useful tables. 2nd Edition. Price, $4.00.

Buchan's Sterling Equivalents and Exchange Tables. Price, $4.00.

Oates' Sterling Exchange Tables, from 1⁄2 of 1 per cent. to 12 per cent., advancing by 8ths. Price, $2.00.

Canadian Customs Tariff of 1900, with list of Ports, Foreign tables, extracts from the Customs Act, etc. Fcap. 8vo., limp cloth, 50 cents.

Morton, Phillips & Co.,

Publishers, MONTREAL.

Wm. Barber & Bros.

Paper
Makers

Georgetown,
Ontario.

Book, News and Colored Papers.

** JOHN R. BARBER.

The Canadian Bookseller

VOL. XIII.]

THE

AND LIBRARY JOURNAL.

TORONTO, MARCH, 1901.

[No. 12.

the United States do not decide to deal fairly subject, that is, from 1842 until 1847, the

Canadian Bookseller with the printer in Great Britain.

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From all appearances, the copyright agitation in Canada has again been revived. As stated in our last number, the publishers' section of the Board of Trade had the matter under discussion. Now the Master Printers' and Bookbinders' Association of Toronto have appointed a committee to cooperate with that section, and to agitate for the manufacturing clauses.

The feeling grows every day that Canada should be on an equal footing with her neighbors to the south, and that printing should be a necessity to secure copyright in Canada. Typesetting, in the great majority of cases, as provided for by the United States Act, would be an impossibility in Canada, in view of our comparatively limited editions, but the desire is only to continue the same provisions that exist in our present Copyright Act, namely, that the presswork shall be done in the country, and the natural result is that binding will follow and Canadian made paper would be used. To encourage this idea, the Government have placed plates of books on the Customs free list.

Professor Goldwin Smith, in a late article which appears in this paper, strongly contends for a manufacturing clause, provided

It is not likely that any thing will be done at the present session of Parliament, but we feel assured that at the next session a bill, on a line with that suggested by the Hall Caine agreement, will be introduced before the Dominion Parliament, with every possibility of becoming law.

Our market is of that importance to-day that all the industries interested feel that the time is past when the British and United States publisher should be the middleman between the Canadian publisher and the author. All late transactions in the Colonial Office lead us to the opinion that there is no longer any doubt as to the right of Canada to legislate in the matter of local copyright, and that a fair protection for the industry will be gladly assented to by the Imperial authorities.

CANADIAN COPYRIGHT.

BY PROFESSOR JAMES MAVOR.

I have much pleasure in responding to the wish of the editors of the "University of Toronto Monthly," that I should give a short account of the recent history of the law of Copyright in Canada. The complexity of the subject, however, renders it very hard to make a brief statement which would in any sense be also a clear and adequate one.*

The British Copyright Act of 1842, following the example of the Act of Ann of 1709 (8 Ann, ch. 21) extended copyright to the whole of Her Majesty's dominions, but did not grant to the colonies the right to give copyright throughout the Empire for books first published in the colonies. The International Copyright Act of 1886 (49 and 50 Vict., ch. 33) extended copyright in the United Kingdom to books first published in the colonies exactly as if they had been published in the United Kingdom. A book published anywhere in the Empire thus enjoyed copyright throughout the Empire. During the period in which the Copyright Act of 1812 was alone the law on the *In these notes I have drawn largely upon a private memorandum of Lord Thring. who drafted the recent English Copyright Bills; and upon a letter of my own to Sir John Bourinot, which is pub lished in the "Transactions of the Royal Society of Canada," Vol. VI., Appendix A., page II.

conditions of the book trade in the United Kingdom rendered the publication of comparatively expensive editions the rule. Circulating libraries were the principal customers, and it was to the interest of these to keep the prices of books high. Meanwhile the demand for English books in the United States led to the reprinting of books there in a cheap form without, as a rule, any compensation being paid to the authors or owners of the copyrights in Great Britain. The facility with which these cheap reprints could be introduced into Canada, in infringement of copyright, led to demands on the part of the British North American Provinces that some arrangement should be made for the reprinting in Canada of books in regard to which copyright subsisted in Great Britain. As understood at the time, the law of copyright did not permit the owner of a copyright to assign any part of his right without assigning the whole of it; and thus, even if Canadian publishers had been willing to buy the right to reprint in Canada, no effective transfer of this right could have been made.*

In order, at least partially, to remedy this grievance the Colonial Copyright Act (10 and 11 Vict., ch. 96) was passed in 1847. This Act was devised specially to meet the case of Canada, and under it the Queen was authorized to allow by Order-in-Council the introduction of foreign reprints into any colony which undertook to provide for the payment of a certain royalty to the author. Nineteen British colonies availed themselves of the Act which came to be known as the Foreign Reprints Act. During the ten years which followed the passing of the Act Canada paid about $5,000 under its provisions, while the remaining colonies paid only $350, seven of them paying nothing at all.

In 1865 there was passed the Colonial Laws Validity Act (28 and 29 Vict., ch. 63) which declared to be void any Act of a Colonial Legislature which was repugnant to any Act of the Imperial Parliament.

In 1867 the B.N.A. Act, in Section 91, specifies copyright among the subjects which are to be within the exclusive legislative authority of the Parliament of Canada.

*See opinion of Lord St. Leonards, "Jeffrey v. Boosey," IV., H. of L. Repts., p. 815, This opinion has, however, since been overruled.

This provision has been the occasion of prolonged controversy between the Dominion Parliament and the Colonial Office. The

law officers of the Crown in Canada have held that by this provision it was intended that Canada should have complete autonomy in copyright legislation; while the law officers of the Crown in England have held that the provision referred only to the authority of the Dominion Parliament as distinguished from the authority of the Provincial legislatures, and that autonomy in relation to Imperial Acts upon the copyright was not implied.*

Meanwhile the working of the Foreign Reprints Act of 1847 had resulted in widespread dissatisfaction in England and in Canada alike.†

In consequence of this dissatisfaction it was proposed, in 1869, that the GovernorGeneral-in-Council should grant licenses to Canadian publishers to publish English books on payment of a royalty or excise duty of 12 per cent. to the author, the publication being made with or without his consent. Objections were made to this proposal, and it was dropped.

In 1873 and 1874, a correspondence took place between the Colonial Office and Mr. Mackenzie, then Premier of Canada, and the result was an Act which was passed in 1875, giving power to any person domiciled in any part of the Empire to obtain copyright in Canada for twenty-eight years, with a second term of fourteen years, the condition being that the book should be printed and published or reprinted and republished in Canada. Under section 15 "Nothing in the Act shall be held to prohibit the importation from the United Kingdom of copies of such works legally printed there."

"The practical effect of the Canadian Act of 1875, was to exclude, during the term of Canadian copyright, foreign reprints of such books if they obtained the benefit of the special Canadian copyright by being published and printed in Canada."§

Doubts having arisen regarding the validity of this Act owing to its alleged. repugnance to the Order-in-Council passed in accordance with the Foreign Reprints Act, an enabling Act was passed by the *For the correspondence on this subject, see Correspondence upon of Dominion and Provincial Legislation, 1867 1895; Ottawa, 1896. p. 1281 et seq.

*

The causes of this dissatisfaction are set forth in detail in the report of the Copyright Commission, 1897. In 1895, Sir John Thompson gave notice that he intended to cease collecting the royalty. This notice was carried into effect practically without protest.

The original Act is to be found in Statutes of Canada, 39 Vict., Vol. I., p. xxi., out of its proper order in the Statutes, as it was a Reserved Act. It is properly described as 38 Vict.. ch. 88.

$Report of Departmental Representatives, Correspondence, etc., Ottawa, 1896, p. 1285.

Imperial Parliament (The Canada Copyright Act, 1875, 38 and 39 Vict., ch. 53). A clause was, moreover, inserted into this Act at the instance of the British publishing interests prohibiting the introduction into Great Britain of Canadian reprints. The Canadian Act of 1875, thus rendered valid, appears now with immaterial formal alterations as 49 Vict., ch. 62, and R.S.C. ch. 62, and this Act, with the Statute passed in 1900, constitutes the Canadian law on the subject.

The discussions upon colonial copyright continued in England; and in 1876 a commission was appointed which sat for three years and reported finally in 1879. The commission recommended that should the owner of a copyright in England refrain from availing himself of the provisions of the colonial copyright law, that the colonial authorities might be permitted to grant a license to republish the work in the colony upon payment of a royalty to the author. This proposal did not, however, meet with favor in England and it was not adopted.

A Bill, consolidating the law of copyright, was introduced into Imperial Parliament in 1881, but it did not become law, and since then there has been no government measure on the subject.

In 1885 the Berne Convention was held, and an international understanding arrived at regarding copyright. This understanding was homologated by the International Copyright Act of 1886 (49 and 50 Vict., ch. 33), which, with the relative Order-inCouncil of 22nd November, 1887, constitutes the present law on the subject. Canada assented to the agreement arrived at by the Berne Convention, but Sir John Thompson explained in his report on Copyright to the Governor-General-in-Council of 7th February, 1894, that the reasons why the Canadian Government gave its assent were, 1st, that Canada could withdraw from the convention on giving a year's notice, and 2nd, that confidence was felt that some amelioration of the situation was likely to

be obtained.

In 1889, the Parliament of Canada passed an Act substantially following the recommendation of the English Copyright Commission of 1876-79 as regards compulsory licensing. This Act bore that it should come into force by proclamation of the Governor-General-in-Council. It came to be well understood that the royal assent would be withheld and thus the Act, though never formal y disallowed, did not become operative.

In 1891, and again in 1894, the Canadian Government gave formal notice to the Imperial Government that Canada desired to withdraw from the Berne Convention. This action was discountenanced by the

Imperial Government and Canada did not persist in the demand for the withdrawal. In 1891, the United States passed a new copyright law which in effect was the result of an agreement between Great Britain and the United States. The view then came to be held in England that to grant freedom of copyright legislation to Canada would prejudice the new understanding with the United States and would also be likely to result in the withdrawal of Canada from the Berne Convention. This view undoubtedly contributed to the impasse into which the subject fell in 1891, and in which it continued until the recent Canadian legislation.

The view of the English authorities was briefly that to grant Canada what she asked would involve the abandonment of international and imperial copyright to which Canada had been understood to give her assent only a few years before. This position was fortified by the opinion of the Law Officers of the Crown in England of two successive and opposed administrations to the effect that without an enabling Act of Imperial Parliament Canada had no power to legislate upon copyright, excepting as regards books first published in Canada. Matters were in this position when Sir John Thompson died. Had he lived, it is highly probable that he would have found in 1894 some way out of the difficulty. His death, and the almost equally sudden death of Lord Herschell, who had introduced a new Copyright Bill into the House of Lords in 1898, postponed any settlement.

Meanwhile, in 1895, the Authors' Society of Great Britain represented by Mr. Hall Caine, the Copyright Association of Great Britain represented by Mr. F. R. Daldy, and the Canadian Copyright Association represented by Mr. J. Ross Robertson and Mr. Dan. A. Rose, made a joint attempt to settle the question by means of a measure known as the Hall Caine Bill, which was drawn on the lines of the Bill of 1889. The principal point of the Bill was a system of licensing and payment of royalty to the owners of a copyright involving the republication in Canada with or without the consent of the authors or owners of the copyright under certain conditions of works first published in Great Britain.

The complicated character of this measure prevented its immediate acceptance or rejection; and the change of Government in Canada again led to the postponement of a settlement.

While these events were occurring, the situation in the book trade was undergoing extensive alteration. The policy of publishing small editions of books at high prices instead of larger editions at comparatively low prices came to be doubted by

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