Francis Beaufort Palmer.

Company precedents for use in relation to companies subject to the Companies acts, 1862 to 1890 ... (Volume 2) online

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by directors, 541 [544 ct seq.'\

BRIBE,

directors, 541 [546, 549]

BROKER,

bill of. [And see Costs.]
certificate as to remuneration of, 569
gross proceeds to be paid into Court, 234

BUBBLE COMPANY,

petition to wind up, 37

BUILDING SOCIETIES,

copy of winding-up order to registrar, 92

notices in winding-up of, 92

official receivers in case of, 915

title of pi'oceedings [21]

transfer of winding-up of, 507, 615

unregistered, 12

winding-up jurisdiction, 12

winding-up of, 12, 605

BUSINESS,

carrying on, by liquidator, 274 — 279
liquidator's power to sell, 291
sale of, in debenture action [293]

[And SCO Debentuhes.]
winding-up for non-commonccment or suspension of, 34

CALLS ON CONTRIBUTORIES, 470—492, 781
action for, 132, 502 [503]
adjust rights of contributories, to, 470 493
order for [496]



INDEX. 951

CALLS ON CONTRIBUTORTES— coMi!i«M«/.

advertisements before makinj?,
County Court, in, GOT, 881
meeting of committee of inspection, of, 473
sanction of Court, on obtaining, 474
affidavit,

liquidator, by [475]

calls made before wmding up [489]
service, of,

order, of [481] and noto
summons, of [476]

summons to pay ari'cars [489] and note
allotment moneys, non-payment [488]
applications by official receiver for payment of [487]
arrear of, petition by shareholder in, 42
" B " list, to repay excess paid, 494
balance order to enforce [481] and note [482, 483]
committee of inspection, as to, 471
advertisements [473]
notice of meeting [472]
notice that call sanctioned [473] ,
resolution [473]
■where no committee, 471
compromise as to, 556
contributory out of jurisdiction,

liberty for liquidator to sue [503]
Court, made by, 474 — 479
advertisement [474]
affidavit,

service of summons [476]
supporting application [475]
notice to be served with order [478]
order sanctioning [476 — 478]
summons [474]
debenture action, in
orders [436, 437]
summons [436]
detective, authority to employ [485]
enforcing payment, 471, 479 — 493
affida\at,

application, on, 479

service of general order for call, of [480]
service of balance order [484]
balance orders [481 ct seq.'\
further call [483]

married woman (separate estate) [482]
memorandum of service of order [485]
summons for, 479

where made before winding up (s. 101), 486 ei seq,
affidavits [489]

applications for payment [487]
contributory out of jurisdiction, liberty to sue [492]
interest, summons may include, 488
no merger of debt, 486
orders to pay [490 — 492]
set-off, statutory provisions, 486
statutory power of Court, 486
suing for, notwithstanding balance order, 486
summons,

form of [488]

to mention interest (if any) and costs, 488
served by post, 487
full amount, order for [478] . ^ ,

information as to contributories, liberty to employ detective [4So,

486] and note
instalments, payable by [478]



952 INDEX.

CALLS ON CO'ST'RlBJJTOni'ES— continued.
interest, when chargeable, 474
leave of Court, application for, 471
leave to liquidator to make [477]
liberty to sue abroad for [322]
liquidator's power, 211, 471
notice to contributories [473]
notice with order [478]
orders to pay [477]

" B " contributory [484]

where made before winding-up [490] and note [491]
order sanctioning, 476, 477

who to make, 477

mode of enforcing, 477
personal representatives, against, 478
petition by shareholder in arrear of, 42
power for making, 472

powers of Court entrusted to liqmdator as to making, &c., 486
proof for,

bankruptcy, in, 446

liquidation of another company, in, 366
resolution for, requisites of, 488
rules as to making, 471
sanction required for making, 471
set-off, 488

Bummons for leave, 471 [474]
summons to enforce [479]

where call before winding-up [488]
supervision proceedings, in, 681
unregistered company, order for payment [483]
voluntary vnnding-up, in, 644

CANAL COMPANY,

jurisdiction to wind up, 11

CANCELLING,

capital, 831

shares, 454, 455

stamp on proxy, 623, 624

CAPITAL,

amount of — jurisdiction depends on, 13, 17
cancelling, 831
dividend out of, 541
increase of,

notice as to, 770

irregular, effect, 453

provisions of Table A., 802
loss of, how borne by members, 493
preference shares, prima facie none as to, 493
reduction of — provisions of Act of 1867. .819.
return of, mode of distribution, 493, 494
subscribed, taken into account, when, 40, 50, 827
uncalled, mortgages of, 403

enforcing, 436

CARRYING ON BUSINESS, 274—279
abroad, liberty as to [309, 310]
debenture action, in, 410, 412 [425, 426]
directions as to, 274, 275

winding-up order, in, 275
leave for, order giving [275 — 278]

limited time [276, 277]

view to sale, with [277]
liquidator, by, cominittee's sanction to [226]
liquidator not to personally profit by, 276



INDEX. 953



CARRYING ON BJJSmESS— continued.
monthly accounts, direction as to [278]
receiver and manager, by, 410, 412 [425, 426]
return of trading [278]
sale, with view to [277]
sanction required to, 274

committee of inspection, by [226]

orders giving [275 — 278]
special manager, by, 107 rt seq.
speculative trading not allowed, 274
summons for leave of Court [275]
trading account, 275
voluntary winding-up, in, 655

CASH,

balances, investment of, 272 [273]
payment for shares in, 45G, 457

CASH-BOOK, 234

audit of, 235

balance in, statement as to, 235

banking account, entries as to, 235

copies for Board of Trade, 237, 238

copy for filing [239]

entries in, 235

form of [235]

forwarding for audit, 238

liquidator to keep, 209, 234

official receiver to keep, 144

remuneration of liquidator, entries as to, 232

trading account, entries from, 233

CENTRAL OFFICE,

notice to, of winding-up order [88]

warrant of an-est from, 528

winding-up proceedings not to be filed in, 22

CERTIFICATE,

account of liquidator in supervision [691]
audit, of.

Board of Trade, by [243]

committee of inspection, by [235]
balance at special bank account [273]
Board of Trade, of, to be evidence, 130
debenture actions [441, 442]

shares not fully paid, as to, 419
debts and claims, of, in voluntary winding-up [639]
examiner, of, as to witness's non-attendance [119]
exhibit, on, 122

final settlement of list of contributories [462]
income tax, as to [400]

incorporation of company conclusive, 35, 621, 768, 795
liquidator, of,

dividends or composition, as to [253]

settlement of list of contributories, of [462]

unclaimed dividends, as to [264]
non-attendance or refusal to be sworn [119], 120
payment into companies liquidation account [269]
postage of notice,

general meeting, of [185] 348 [355]

official receiver's application for release [599]
proofs of debts, as to, 362
provisional scrip, as to debentures, 496
proxy, as to [182, 184]
receipt, of (s. 15 of 1890) [261]
security given, of [199]



954 INDEX.

CERTIFICATE— contiiiiied.

settlement of list of contributories [462]

order varying [466 — 469]
shares, of,

prima facie evidence of title, 770

estoppel as against company, 454, 458
stock, of, to bearer, 464
taxation, of, 559, 570
forms of [574, 575]

CHAIRMAN,

adjournment, discretion, 625

irregular, 625
appointment by Court, 78, 347 [350, 352, 683, 705, 706]
declaration, effect, 620
deputy official receiver, authority to [186]
first meetings, 173

irregular adjournment, or dissolution, 625
meetings convened by order of Court, 349 [351]
meetings convened by liquidator, 348

under Act of 1870. .702 [705]
official receiver, when, 147
proxies, counting, 621
supervision proceedings [683]
voluntary -wiading-up, 620

CHAMBERS,

adjournment from and to, 25 — 28
appeal from jvidge at, 581
appearance book, 137
application to be made at, 26

voluntary winding-up in, 657
attendance at, liquidator, by, 137

other parties, 137
discharging order made at, 581
file of proceedings, 113
foreclosiire in, 407
liquidator,

appeal from, to be heard at, 580

attendance by, 137
matters heard in, 27
order in,

enforcing, 499

form of [30]
proceedings in, after winding-up order, 137 — 139
registrar's power to hear, 27, 907
representation order [139]
subpoena for attendance in, 118
summonses at, 26, 27, 657

form of [26, 657]
voluntary winding-up, in, 654

under supervision, 671, 675
winding-up order, completing, 137

CHANCERY DIVISION,

application of general practice of, 9
jurisdiction of, 13, 14
transfer of action, 612
order [513]

CHARGE,

declaration of [419] and note
enforcing, 374, 375

debenture, by, 407, 409
floating, 403

receiver, by, giving prior lien, 412
uncalled capital, on, 403



INDEX. 955



CHARGES AND EXPENSES,

accountant, auctioneer, &c., of, 569
winding-up, of, 565

CHARGING ORDER,

form of [501]

order to enforce [397]

CHARTERED COMPANY,
jurisdiction as to, 10, 11

CHATTELS,

orders as to sale of [292, 295]

surveyor to distinguish, from fixtirres [317]

CHEQUES,

companies liquidation account, 267 — 270

notice that they are required [270]
dividends for, return when unused, 600
special banking account, 267

CHIEF CLERK (now Master),
registrar substituted for, 8

CHOSE IN ACTION,

assignee may sue in own name, 789
misfeasance claim a, 542

CIRCULAR,

accounts, as to [237]
shareholders, to, privilege of, 44

CITY OF LONDON COURT, 606

CLAIMS,

advertisement for,

debenture action, in [424]

supervision case, in [678]

voluntary liquidation [634]
adjudication on, 361 [385]
allowance, 361 [384]
assignment of, 365
compromise of, 556
contingent, 366
costs of proving, 367
creditors', time for sending in, 364

exclusion after time, 364

voluntary winding-up, 635
delay as to, 370
disallowance, 361

appeal [385]
proof, how to be made, 360
provable, what, 359, 365 et seq.
undistributed assets, to, 247, 248

CLERK,

priority of wages of, 398, 863
proof by, 398

CLUB,

jurisdiction to wind up, 13

COLLECTION OF ASSETS,
liquidator, by, 207, 211
unclaimed and undistributed funds, 248

COLLECTOR OF TAXES,

notice of winding-up order to [95] and note.



956 INDEX.

COLLUSION,

debt, as to, 548

■winding-up petition, as to, 78, 83

COLONIAL COMPANY,

jurisdiction as to winding-up, 11

arrangements, 704
restrictions as to, in winding-up order [90, 91]

COMMENCEMENT OF BUSINESS,

delay, when ground for winding-up, 34

COMMENCEMENT OF WINDING-UP,

actions after, 319, 326, 335
acts after, 324
Court, by the, 324, 779
distress after, 341

liberty to proceed for moneys paid after [324]
supervision, under, 674
voluntary, 625

COMMISSION,

directors' secret, 541
secretary's, 541
proof for, 367

COMMISSIONERS,

for taking evidence, 784

COMMITTAL TO PRISON,

application for, 25, 282

liquidator, of, order for [441]

non- delivery of company's property, 281

notice of motion for [282]

private examination, for contumacy at, 519

witness, of, 123, 519

COMMITTEE OF INSPECTION, 190, 219—228, 847
absence from meetings, 219
accounts of liquidator, duties as to, 233 — 244

[See Accounts.]
advertisements of appointments of, 191 [196]
appointment of, 190 — 197

advertisement, 191 [196]

application for, 191, 192

orders [193, 194]
arrangement or compromise, sanction to [227]
audit by, 233

auditor of trading account, member to act as [227]
bankruptcy of member, 219
Board of Trade acting as, 192, 219

application to, for directions [225]
books to be submitted to, when, 234
borrowing, sanction to, 287
calls, sanction to making, 471 [473]
carrying on business, sanction to, 206, 274 [226]
cash balance, certificate of [273]
cash book to be submitted to, 234
certificate,

audit, of [235]

invcHtment, as to [273]
chairman of, 222
comi)romiHC, sanction to [227]
constituted, how, 177, 192, 219
control over liquidator and meetings, 208, 220, 861
costs of persons employed with sanction of, 567



INDEX. 957



COMMITTEE OF mSFECTlOl^J—coiilmuea.
differences, as to settlement of, 208, 220, 851
directions by,

liquidator, to, 220, 221

overridden by general meeting, 347
discharging members, order [227]
duties of, 221
expenses of, 5G8
failure to attend audit, 238
filling vacancies on, 219
first meetings, determination as to, 172
general meeting, -when overridden by, 347
irregularity in appointment, &c., 24, 220
leave of absence to member of [224]
liquidator,

directions to, 220, 221

duty as to accounts of, 233 et seq.

duties of, to, 205

remuneration of, duties as to, 230

submission of books of, 209
majority to be present, 219
meetings of, 219

minutes of [193]

notice of [223]

to remove member [224]
members of, who to be, 177
official receiver acting as, 142, 148, 219

application of liquidator to, for directions [225]
payment to members of, 220
powers and duties of, 221, 222
proceedings of, 223 et seq.

entries of, in record book, 222
profits by members of, 220
purchase of assets by member of, 220
quorum of, 219
record book, duties as to, 222
removal of member, 219

notice of meeting of creditors, &c. [224]
remuneration,

committeemen, of, 220, 223
order for [227]

liquidator, of, 230

resolution as to [226]
requests by,

investment, for, 272 [273]

sale of securities, 272 [273]
resignation of members, 219 [224]
resolutions of,

filling vacancies, as to [225]

special bank account, as to [226] 266
sale to member of, by liquidator, 220
sanction of,

appeals, to, 584

arrangement, to [227]

borrowing, to [287]

calls, to making, 471

[And see Calls.]

carrying on business, to [226]

compromise, to [227, 320] 556

litigation, to [227]

solicitor's appointment [227]

special bank account, to [226]
solicitor's appointment,

sanction to, 201 [202]
siunmons for appointment of [192]
trading account, appointment of auditor of [227]



958 INDEX.



COMMITTEE OF INSPECTION— co«<i«!<^^.
vacancies on,

filling, 219

notice of meeting to fill [224]

resolution as to [225]
vacating ofiice, 219
vouchers submitted to, 234

COMPANIES LIQUIDATION ACCOUNT, 266 et seq.
Bank of England, to be kept with, 266
Board of Trade,

keeps the account, 266

order by, for payment into, 244
delivery of assets on payment into [687]
investment of funds, 849
keeping of, 266—268

forms as to, 266—271

[And see Banking Account.]
payment in,

undistributed assets of, 244, 246
payment out of,

undistributed assets of, 248

[And see Undisteibttted Assets.]
procedure as to, under s. 15 of 1890. .267
surcharges, 267

' ' control of ofScial liquidator," 248
COMPANY,
abortive, 37
bubble, 37
chartered, 11
colonial, 11

" company limited by guarantee," 5
" company limited by shares," 5
" company under this Act," 5
cost book, 10, 797
defunct, striking name ofiP, 835

restoring, 603
dissolved, when to be, proceedings after, 13, 602
dock, 12
foreign, 11
formation, 766
fraudulent, 37

illegal association, when, 765
insolvent, 36

jurisdiction to wind up, 10
legal proceedings in name of, 219 — 225
less than seven members, 773
meaning of,

in Act and Rules of 1890 .. 7

in J. S. C. A. Act, 1870. .699
new, under scheme, 699
office of, registered, 772
petition by, 38 [52]
plaintiff, security for costs, by, 74, 75
railway, 12

restoration of name, 603
" unlimited company," 5
imrogistered,

contributorics in, 450

winding-up of, 6, 10, 11

COMPLIANCE ATTENDANCE, 76

memorandum of [45] 76

COMPOSITION,

arrangements as to, under Act of 1870, .700 [750 (t ,9cy.]



INDEX. 959



COMPROMISES, r)56— 564
action, of, liberty for [563]
affidavits as to,

confirmation by Court, of [561]

contributory, by [557]

liquidator, by [559]

verifyin<2f answers [558]
calls, as to [559]
claims, of [561]

committee's sanction to [227] 556
compelling' liquidator to agree to, 556
confirmation of agreement for [561]
contingent claims, of, 556
contributories, with, 556, 557
control of Court, 556
costs in respect of, affidavit aa to [573]
creditors, with, 556
cross-claims, of [564]
damages, 556 [562]
debenture action, in, 413 [432]
debtors, with, 556
evidence with regard to, 556

Joint Stock Companies Arrangement Act, under, 699 et seq.
legal proceedings, 319
liabilities, 556
liquidator, by, 211, 562

liberty for [562—564]

powers of, as to, 556
mortgagee and liquidator, order [563]
official receiver's sanction to, 556
orders sanctioning [561] 561 [562]
sanctions required to, 556

committee [227]
summons to sanction agreement for [559]
supervision proceedings, in [684]
sureties, claim as to [561]
voluntary winding-up, in, 650

COMPULSORY WINDING-UP,

commencement of, 324

contributories' and creditors' wishes as to, 78, 670

official receiver, on petition of, 34

order for [89]

petitions for, 34 et seq.

[And see Petitions.]
supervision order, after, 34, 669
voluntary liquidation, after, 34, 39

"CONCLUDED,"

accounts until and after winding-up, 244
when winding-up, 245

CONCURRENCE,

affidavit of (statement of affairs) [166]

CONCURRENT PETITIONS, 43

costs of, 90, 92

CONDITIONAL CONTRACT,

approval of [298]
to take shares, 462

CONDITIONS,

in memorandum of association, 766



960 INDEX.

CONDUCT,

action, of, to purchaser of debentures, 424
petition, of, 78

CONFIRMATION,

compromise, of [561]
conditional contract [298]

CONSENT TO ADJOURNMENT, &c.,
substituting petitioner, 78

CONSIDERATION,

further, in chambers (debenture action) [444]
report for public examination, 524

summons for [529]
statement of, in contract for fully-paid shares, 457

CONSOLIDATION,

debenture actions, of, 421

CONTEMPT OF COURT,

circular to shareholders, when not, 44

committal for, application in open Court, 25

inspection improperly obtained of statement of affairs, 153

interference with liquidator's possession, 216

refusing to answer,

public examination, 526

private examination, 519

CONTINGENT,

claim, compromise of, 556
debt,

proofs for, 359, 366

voting in respect of, 173

CONTRACT,

conditional [559]

sale, for, order approving [298]

formalities as to, provisions of Act of 1867. .823

fuUy-paid shares (s. 15 of 1867),

aggregate number of shares, stating, 456
" cash," meaning of, 457
consideration, statement of, 457
filing,

necessity for, 456, 458
onus as to, 459
remedy on failiu-e as to, 458
" issuing," 458
nominees, to, 456
number of shares,
aggi'egate, 456
denoting, 456
parties to, 456
sub -contract, 457
nltra vires, 457
lease, as to, order confirming [317]
proof on, 367
sale, of,

approval of [298]
order to carry out [298]
[And see Aokeejiknt.]

CONTRIBUTORIES,

" A " list of, as to, 449
absconding, arrest of, 504, 783



INDEX. 961

CO'i^TniBTJTOnTES-contimmL

adjustment of rights in distribution of sui'plus assets, 103, 494, 782
order to make call [496]

summons for leave for liquidator to proceed to [495]
voluntary winding-up, 048
where compromise [497]
agent, unauthorised ai^plication, 451
agreement to be member though not registered, 455
" alleged " to be considered, 446
allotment, no notice of, 452

notice of, posted, 452
where new term, 452
appearance on petition, 77

application for shares subject to condition precedent, 452
condition ult)-a viirs, 453
withdrawn before allotment, 451
application to Court, 206
supei'vision, 675
voluntary winding-up, 655
attendance of, 137

Hberty [138]
"B" list of, 449

as to settlement, 470
bankrupt, as to, 446, 453, 777
disclaimer, 447
proof against, 447
proof for future calls, 447
set-off, 375

taking proceedings to make, 502 [503]
books, inspection by, 470
calls on, 470

enforcing, 479
cases for escape, 451
cash, when shares to be paid in, 456
certificate of liquidator, 462
committee of inspection, on, 219
companies unregistered, 450
company registei'ed under Part VII., 450
competition with creditors, 375, 448
compromises with, under Act of 1862, s. 159. .556
condition precedent, waiver, 452
costs on varying list, 467
creditors, who are, 364, 375, 448
death, as to, 447, 777

administration of estate, 503
calls on estate, 447
devisee, 447

dividend to representatives [497]
debtor, mere, not a, 446
defaulting, proceedings against [479]
definition in Act, 446, 777
delivery of (books and other property) by, 280
detective to discover [485]
devisee's liability, 446
dividends in winding-up to, 493
documents, discovery as to [115]
enforcement of calls on, 479
estoppel, by, 453
examination, 516

and of relatives, 516
executor's and administrator's liability, 446, 453

order to place on list, 469
extent of liability, 771
extension of, liability by articles, 448
first meetings of, 172—189

official receiver's, duties as to, 146

P. 3q



962 INDEX.



COl^iT'RIB'UTO'RIES— continued.

fictitious name, application in, 456
forfeited shares, as to, 454
forfeited sliares, collusion, 455
fully paid-up shares, 448, 453
general meetings of, 347 — 358
gtiarantee company, 447
heir's liability, 446
infant, 453

illegally created shares, 453
inspection of books by, 209
irregular allotment, 452
liability, specialty debt, 777
limits of liability, 448
list,

affidavit of notice to contributory [464]

affidavit on application to rectify [466]

appeal refusing decision, 469

appointment to settle, affidavit [461]

appointment to settle, documents required, 461

appointment to settle, notice [460]

certificate of liquidator settling [462]

costs on varying, 467

entries in, 460

executors to be placed on [469]

liquidator to settle, 449

order to vary [467]

placing name on order [468]

preparation, 447

settlement, practice as to, 450

shares declared paid up [468]

striking name off, 467

summons to rectify [466]

supplemental [465]
married woman, as to, 447
meaning of word, 446
meetiags of, 347, 358, 845
members of company, who are, 449
memorandum, subscriber to, 455, 458
misrepresentation, acting as member after discovery, 453
mortgagee, equitable, of shares not a, 447
order against, when conclusive, 501, 782

declaring shares paid up [468]

to pay debts, 781

to vary list [467]
out of jurisdiction, liberty for liquidator to sue [493]
own right, persons placed on, in respect of, 448
paid up shares, 453

when filed, contract necessary, 456, 459
past member's liability, 448, 771
person not on register may be, 455
petition as to meetings of, 78, 79
petition by, 41
practice as to settling, 450
present members, 449, 771
proof by, where creditors, 364, 375, 448
proceedings at instance of, 319
public examination, taking part in, 524
(^u.'ilification shares, director, 451, 455
register of members, as to, 449

not conclusive, 451
relatives, examination of, 517
reproHcntativcs of deceased, 448
resolutions of , 176
rules as to settling list, &c., 448
Scotland, orders against persons in, 783



INDEX. 963

COWTRlBJJTORlES-conHmicd.

set-off, none where limited company, 488

settling list in compulsory winding-up, 447, 781

specialty debt, liability as on, 446

striking name off list [4G7]

subscriber to memorandum, i5o

substituted service on, order for [135]

sue in name of company, liberty, 127, 319

summons to rectify list [4G6]

supplemental list [4G')]

surrendered shares, as to, 454

transfer of shares,

fictitious transferee, 455

invalid, 455

never accepted, 452

obtained by misrepresentation, 456

pretended, 456

transferee not liable, 455
unregistered companies, 450
voluntaiy winding-up, in, 642

under supervision, 681
wishes of regai-ded, 44, 78, 79, 779
when qualified to present winding-up petition, 824

CONTROL,

Board of Trade, of, over liquidators, 208, 209. [And see Boaed of

Teade ; Liquidator.]
committee of inspection, of, 220. [And see ComiiTTEE of In-
spection.]
Court, of the,

compromises, over, 556

liquidator, over, 208. [And see Liquidator.]
meetings of creditors, &c. over, 347. [A.nd see General
Meetings.]
general meetings, exercised by, 220, 347. [And see General
Meetings.]

CONVEYANCE,

approval of [301]

fraudulent. Act of 1862, s. 164, and Bankruptcy Act, 1883, s. 48..

547, 548
liquidator, by, form of [652]
sale, on, order for, 300

CONVEYANCING ACT, 1881,

orders under s. 5, as to discharge from incumbrances [302 — 304]

COPIES,

affidavit, of, 22, 31

appeal, on, 584

charges for, 31

file of proceedings, of, 22

liquidator's appointment, of, for Board of Trade, 191

office copies, 31

petition, of, 44, 45

resolution of general meetings, for the Court, 348

winding-up order, of, 92

COSTS, 565 et seq.

affidavit of liquidator as to costs received [573]
allowance of, after proceeding concluded, 569
appeal, of, 215, 584

orders for [589]

pi'oof, as to, 579
appearing on petition, of, 77, 82, 83, 567



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