George H. Fleming.

A complete compilation of the school laws of Indiana online

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LIBRARY OF CONGRESS.

Shelf . - JAi I



n



UNITED STATES OF AMERICA.



TO SCHOOL OFFICERS.



The attention of County Superintend ents, School Boards,
and Township Trustees, is called to the facts that this Com-
pilation of the School Laws of Indiana contains all the
Acts relating to Common Schools, in force April 1 6th, 1881 ;
that they have been conveniently classified and arranged;
and, that this edition is the only one supplied with a full
■and concise Analytical Index.

INDIANAPOLIS JOUKNAL CO.,

Publishers.



A COMPLETE COMPILATION



School Laws of Indiana,



ENACTED AND AMENDED TO APRIL 16, 1881;



EXPLANATORY NOTES



STATE SUPERINTENDENT OF PUBLIC INSTRUCTION,



FULL AND CONCISE ANALYTICAL INDEX,



Prepared Expressly for this Edition by Geo. H, Fleming.





INDIANAPOLIS:

JOURNAL COMPANY, PUBLISHERS AND PRINTERS.

1881.



.X-7

I S8I



Entered'accordiug to Act of Congress, in the year 1881, I'v 0. H. Hassklma.n,
in the office of Librarian of Congress, at Washington, I>. C.



CLASSIFICATIONS.



General Provisions . . . 1 — 5t

Cities and Incorporated Towns 51 — 5$

Purdue University 56 - 5T

Public Libraries . . . . , . . . . .57 — 63^

Real Estate, Appropriation of 65

School Buildings and Grounds 64 — 71

School Lands . . . . . 72 — 74

State Normal School ,75 — 78

Miscellaneous Laws » 78 — 80



AN ANALYTICAL INDEX.



PREPARED EXPRESSLY FOR THIS EDITION BY GEO. H. FLEMING.



Appeals—

Controversies of a general nature, arising un-
der the School Laws— Will lie from County
Superintendents to State Superintendent of
Public Instruction p 22, s 39 ; p 48, s 165.

Scholars, Excl usion of refractory— Will lie from

School Directors to Township Trustees

p 19, s 32.

School meetings, As to legality of — Will lie
from Township Trustees to County Superin-
tendents p 48, s 164.

School-Houses, As to building, location, re-
moval, and repair of — Will lie from Town-
ship Trustees to County Superintendents

p 48, s 164.

Schools, As to establishment of — Will lie from
Township Trustees to Covinty Superintend-
ents p48, s 164.

Teachers, As to dismissal or resignation of —
Will lie from Township Trustees to County
Superintendents p 48, s 164.

Transfers of persons for school purposes — Will
lie from Township Trustees to County Super-
intendents p 48, s 164.

AUDITORS. See County Auditors.

AUDITOR OF STATE—
With State Superintendent of Public Instruc-
tion, at each of the two apportionments of
the " School Revenue for Tuition," shall set-
tle and adjust the State's indebtedness to the

schools p 37, s 114.

•Shall give warrants on the State Treasury to
the several County Treasurers, at time of
semi-annual settlements therewith, for the
distributive share of the "School Revenue
for Tuition" apportioned to the respective
counties p 38, s 116.

BIBLE—

Shall not be excluded from Common Schools
p 48, s 167 ; p 49, notes to see. 167.

BOARDS OP EDUCATION. See County
Boards of Education; State Board of
Education.

BOARDS OF SCHOOL COMMISSIONERS. See
School Commissioners.

BOARDS OF SCHOOL TRUSTEES. See School

Trustees.

BONDS. See Official Bonds; School Bonds.

CITIES—

Declared distinct municipal corporations for

school purposes p 4, s 4.

General school system for p 5, s o.

General school system for cities of 30,000 or

more inhabitants pp 51 to .54, ss 1 to 6.



CITIES, continued.

Public Libraries— How established, etc., by

private enterprise pp 57 and 58, ss 1 to 12 •

p 59, ss 2 to 6 ; pp 61 and 62, ss 1 to 4.

iS«/«e. — How established, in connection with the
Common Scliools, in cities of 10,000 and more
inhabitants pp 60 and 61, ss 1 to 3.

/Same.- Cities may become shareholders in such
libraries, and may, annually, levy and collect
a tax of not more than two mills on each

dollar of taxable property in behalf of

p 59, s 7.

Same.. — Shares of stock in such libraries may be
distributed by subscribing cities, as prizes to
public school children p 59, s 8.

/Same.— In event of dissolution or of the forfeit-
ure of franchises, if owners of one-third of
the stock, the property of such libraries shall
merge in the contributing cities, and shall
then become free to the public p 60, s 9.

Same —In cities of 30,000 or more inhabitants,
the levy on taxable property shall not exceed

one-fifth of a mill on each %\ of valuation

p 53, s 4, clause 3 ; p 56, s 3.

Sawfi.— Where population of city is equal to
10,000, the levy on taxable property may be
one-third of a mill on each %\ of valuation
p61, s2.

School Boards— Common Councils of cities
shall elect one member of the Boards of
School Trustees [aggregate number, three] at
their first regular meeting in June, annually
p 5, s 5.

Same.— In cities of 30,000 or more inhabitants,
one-third of the membership of Boards of
School Commissioners (which shall be at least
equal in numbers to the wards of such city
in 1871) shall be elected by the voters thereof,
on the second Saturday in June, annually
pp 51 and 52, ss 1 and 2.

Same.- The full tenure of office of each School
Trustee or School Commissioner is three
years p 5, s 5 ; p 52, s 3.

Same. — School Trustees shall receive such com-
pensation as the Common Councils shall deem
just, and be paid out of the special school
revenue of such municipalities p 5, s o.

Same. — School Commissioners shall serve with-
out any compensation whatever p 54, s 6.

Same. — Cities may employ Superintendents for
schools under their control ; in which cases,
such schools shall be exempt from the super-
vision of Countv Superintendents p 23

s39.

School Bonds— May be issued by cities of
30, 000 or more inhabitants, in an amount not
exceeding S100,0n0, to aid in the erection of
school-houses p 53, s 4, clause 8.

Same.— By Act of March 8, 1873, the aggregate
of bonds to be issued by cities of less than
30,000 inhabitants, for the erection and
completion of school-houses, for purchase of



Vlll



SCHOOL LAWS OF INDIANA.



CITIES. CONTINUED.

grounds and buildings for school purposes,
and for the payment of indebtedness thus
created, is limited to .<5.5'"i,000 p 64, s 1.

Same. — By Act of March 3, IS", cities of
30,000 or more inhabitants may anticipate

school revenue bv temporary loans p 55,

si.

Special School Taa'ks— Shall be levied an-
nually by the School Boards of; and said
levy shall not exceed the sum of 50 cents on
each SlOO of taxable property and 51 on each
taxable poll p If, s 12.

Same. — By Act of March 9, 1867, aforesaid spe-
cial tax is reduced to 25 cents on taxable

property and to 25 cents ou taxable polls

p "8, s 1 ; p 53, s 4, clause 2.

Same. — By Act of March 8. 1873, additional
special taxes of 50 cents on each ^100 of tax-
able property and SI on each taxable poll are
authorized, for the purpose of paying off the
bonded indebtedness created for school pur-
poses p 65, s 3.

Same. — By Act of February 13, 1877, the annual
levy on taxable property in cities having a
voting population of over 16,000, is reduced
to 20 cents or less on each SlOO p 55, s 3.

CITY PUBLIC LIBRARIES. See Public Li-

BRABIES.

CITY SCHOOLS—

Acts providing a general system of Common
Schools in all cities of 30.000 or more inhab-
itants pp 51 to 55.

May be placed under the charge of a City Su-
perintendent ; whereupon such schools shall
be exempt from the supervision of County
Superintendent p 23. s 39.

Colored children — Separate schools may be or-
ganized for p 51, s 3

CITY SCHOOL SUPERINTENDENTS. See
School Supeeistendents.

CITY SCHOOL TRUSTEES. See School Trus-
tees.

CIVIL TOWNSHIPS. .See Townships.

COLORED CHILDREN—
Shall be enumerated, and be entitled to school

privileges p 11, s 14 : p .50, s 2.

Separate schools for mav be organized p

.51, s 3.
May attend same schools vrith white children,

if separate schools are not provided p

51, s 3.
If fitted for higher grades than are afforded in

separate schools, sliall be entitled to enter

white schools of such grades p 51, s 3

COMMISSIONERS. See County Commission-
ers ; School Commissioners.

COMMON SCHOOL FUND. See School Funds.

COMMON SCHOOLS—

General Assembly shall provide a general and
uniform system of p 1, Const, art. 8, s 1.

Tuition in shall be without charge, and equally
free to all p 1, Const, art. 8, s 1.

County Superintendents shall have general
supervision of all the schools in the counties
of the State, with the exception of those
located in cities which have Superintendents
of their own pp 22 and 23, s 39.

Teachers— Qualifications of p 20, s 34.

Instruction given in, must be in the English
language p 43, s 147.

List of compulsorv studies to be taught
in p 43, s 147.

Glerman language mav be inrroduced into, hs a
study p43^ sl47.



COMMON SCHOOLS, continued.
Other languages and branches of learning may

be taught in p 43, s 147.

Definitions — A school term of three months

shall be sixty days ; a school month shall be

twenty days; a school week shall be five

days..'....p 47, s 163.
White and colored children, between the ages

of six and twenty-one years, exclusive of

married persons, shall have the privilege of

attending p 11, s 14; p 50, s 2.

Special provisions as to colored ""hildren p

51, s 3
Refractory pupils may be excluded from a

Distiict School by the School Director in

charge thereof p 19, s 31.

CONGRESSIONAL TOWNSHIPS—
How enumerations of i^ersons of school age
shall be taken and reported when such town-
ship is located in two or more counties p

14, s 19 : p 73, s 2.
Civil township lines shall be made to conform
to lines of congressional townships as far as
practicable p 43, s 148.

CONGRESSIONAL TOWNSHIP SCHOOL
FUND. See School Funds.

CONGRESSIONAL TOWNSHIP SCHOOL
LANDS. See School Lands.

CONSTITUTIONAL PROVISIONS—
Relative to free education pp 1 asd 2.

CORPORATIONS— (See, also, School Corpora-
tions. I
General Assembly may assess taxes on prop-
ertv of, for Common School purposes p 1,

Const, art. 8> s 2

COUNTY auditors-
School Funds— Duties and powers of, in re-
lation thereto p 31, ss 75. 76, 80, 84 ; p 32,

ss 86 to 88, 90, 91, 93; p 33, ss 94 to 97; p
34, ss99 to 101, and 103; p :3.5, sl07; p 37,
s 112 ; p 44, ss 151 and 152 : pp 73-74, ss 2 to 6.

5ani#.— Shall receive the two per cent, dam-
ages accruing on all sales for non-payment of
loans, anl two per cent, on all loans for which
the mortgaged pf'tuises are advertised but
not sold p 35, s 107.

Same. — " Shall be allowed one-fourth of one
per cent, on all School Funds disbursed by
said Auditor" p 35, foot-note.

Congressional Township School Lands—

Duties and powers at sales of p 28, ss 54

and 55 ; p 29, ss 56, 59, 60, 62, and 64 ; p 30,
.ss 65, 68 to 73.

County Superintendents— Duties and pow-
ers of Auditors at elections of and subse-
quent thereto pp 19 and 20, s 33.

School Revenue for Tuition— Duties and

powers of, in relation thereto p 36, ss 110

and 111; p 38, s 118.

Same. — Penalty for failing to make the reptoris
required by sections 110 and 111 — A diminu-
tion of SKjO at next apportionment of proper
county school revenue, to he recovered from
Auditors in a suit brought within two
years p 37, s 113.

Special School Tax — Shall asses.*, etc., such
tax when same is levied by proper school
officers p 10, s 12.

School Trustees — Duties and p^iwers in re-
lation to p 6, s 6 ; p 16, ss 22 and 23 ; p 42,

s 141.

COUNTY BOARDS OF EDUCATION—
County Superintendents, Township Trustees,
and the chairmen of City and Town School
Trustees shall constitute.'. ..p 25, s " e."
Shall meet on the first days of May and Sep-
tember, at the office o.' the County Superin-
tendents p 25, s "e."



ANALYTICAL INDEX.



IX



COUNTY BOARDS OF EDUCATION, con-
tinued.

County Superintendents shall preside over, and
shall be entitled to vote on all questions
brought be/ore p 25, s "e."

Text-books adopted by, shall not be changed
within six years of their adoption except by
an unanimous vote of p 26, s " e."

COUNTY rOMMISSIOXERS—

Congressional Townships— Sliall conform civil

township lines to, as far as practicable

p 43, s 148.

Congressional Townsliip School Fund — Duties

in relation tliereto p 4, s 3 ; p 34, s 104;

p 35, ss 105 and lOtt

Congressional Township School Lands — May
direct sale of, whf^n deraanded liy a majority
of the voters in such township p 2S, s 54.

County Superintendents — May dismiss such
officers for immorality, incompetency, gene-
ral neglect of duty, or acting as sales-agents

for articles used in the public schools

p 19, s 33.

5a»»e.— Shall make settlements with p 24.

s43.

Purdue University — May appoint and keep
two students from each county p 56, s 1.

School Funds and Revenues — Authorized and

required to provide for deficiencies in

p 4, 8 3.

School Trustees — Duties and powers in relation
to p 6, s 7 ; p 7, s 9 ; p 16, s 22.

Township Trustees — Duties and powers in re-
lation to p 7, s 9 ; p 42, s 141 ; p 43, ss 142

and 143.

COUNTY LIBRARIES. See Public Ltbraries.

COUNTY SUPERINTENDENTS—

Appeals from —Shall lie to State Superintend-
ent of Public Instruction p 22, s 39 ; p 48,

s 165.

Appeals to — From decisions of Township Trus-
tees p 17, s 26 ; p 48, s 164.

Election of— By Township Trustee?^, on first
Monday in June, biennially p 19, s 33.

Bond of— Penalty, §1000 p 19, s 33.

Compensation of — S4 a day when officially em-
ployed p 24, s 43.

Removal of — Causes therefor, etc p 19, s 33.

Vacancies in office of — Shall be filled at special
election by Township Trustees p 20, s 33.

Shall .serve as chairmen and be active mem-
bers of County Boards of Education p 25,

8 "c."

Shall have general superintendence of the
common schools within the limits of their
respective counties p 22, s 39.

City schools which are supplied with their
own Superintendents may be exempted from
the supervision of p 23, s 39.

Duties and PovyERS of— General p 22,

ss 38 and 39.

Same. — As to teachers in the Common Schools
p 20, s 34 ; p 21, ss 36 to 38.'

Same. — As to School Funds p 7, s 7, cl 4; p

24, s 42 ; p 25, ss " c " and " d."

Same. — As to School Revenues p 7, s 7, cl

4; pll, s 13; p 24, s 42; p 25, 8S "c"and
"d."

Same. — As to School Trustees p 15, s 21 ; p

16, 8 22; p 23, s 40; p 42, s 141.

Same. — As to transfers of persons for school
purposes p 11, s 13; p 24, s 42.

Same. — As to enumerations for school purposes
p 14, ss 18 and 19 ; p 23, s 41 ; p 24, s 42.

Same. — As to Teachers' Institutes p 47, ss

159 and 161.

COUNTY TREASURERS—
Fees for disbursements of School Funds and of
Special School Taxes shall be one ^er cent.
p35, sl07.



COUNTY TREASURERS, continued.
School Funds — Duties in relation to p 32,.

ss 92 and 93 ; p 34, ss 100, 103, and 104 ; p 40,.

s 127 ; p 54, s 5.
School Lands — Duties at sales of p 28, s 54 ;.

p 29, ss 56 and 64 ; p 30, s 69.
Scliool Revenues — Duties in relation to p 38,

ss 116 and 118 ; p 40, s 127 ; p 54, s 5.
Special School Taxes — Duties in relation to

p 11, s 13.
Township School Library Taxes— Shall be paid

by into State treasury p 41, s 133.

DIRECTORS. See Scnooi. Directors.

DISTRICTS. See School Districts.

DISTRICT SCHO(jLS. See School Districts..

EDUCATION, B0.i.RnS OF. See County
Boards of Education ; State Board oe"
Education.

ELECTIONS -

Of Boards of School Commissioners for cities
of 30,000 or more inhabitants— By qualified
voters of school districts, on second Satur-
day in June, annually pp 51 and 52, ss 1

and 2.

Of Countjf Superintendents of Schools— By
Township Trustees, on first Monday in June,
biennially p 19, s 33.

Of School Directors for School Districts— By
voters of school districts, on first Saturday
in October, annually p 16, s 25.

Of School Trustees for cities of less than 30,000
inhabitants — By Common Councils, at their

first regular meetings in June, annually

p 5, s 5.

Of School Trustees for Incorporated Towns —
By Boards of Ti-ustecs, at. their first regular
meetings in June, annually p 5, s 5.

Of State Superintendent of Public Instruction
—At the general (State) elecliun, biennially
p .38, s 119.

ENUMERATIONS—

Of colored children — By the School Trustees,
between March 1st and May 1st, annu-
ally p II, B 14; p50, s2.

Of white children — To be taken as above p

11, sl4.

Of counties— To be reported by County Super-
intendents to State Superintendent of Public
Instruction, on or before May 15th, annu-
ally p23, s 41.

Of civil townships— To be taken by Township)
Tru.«itees, and reported to County Superin-
tendents, on or before May 1st, annuallv

p 14, s 18.

Of divided congressional townships — To be
taken by the several Township Trustees, and
reported to County Superintendent of the
county where the Congressional Township
[School] Fund is kept and managed, on or
before May 1st, annually p 14, s 19.

Of persons transferred for school purposes —

How made and reported p 13, s 16 ; p 14,

sl8.

GERMAN LANGUAGE—
Conditions under which it may be introduced'
into the public schools p 43, s 147.

GRADED SCHOOLS-

Establifhment of p 8, s 10 and foot-notes;.

p 53, s 4, clause 7.

Establishment of Joint Graded Schools by the
School Trustees of two or more distinct mu-
nicipal corporations for school purposes

p 10, s "b."

INCORPORATED TOWNS. See Towns.



3:



SCHOOL LAWS OF INDIANA.



INSTITUTES. See Tbachkrs' Institui es.

iiANDS. See School Lands.

LIBRARIES. See Public Libkariks.

.LICENSES. (See, also, Teachers.)

(ri-anted for the sale of intoxicating liquors,
shall be paid into the School Revenue for
Tuition p 4, s 2.

LOANS. See School Funds.

MORTGAGES. See School Finds.

NORMAL SCHOOL. See State Normal
School.

PRIVATE SCHOOLS—
Unoccupied public school-houses may be used
i>y, when application for such privilege is
made by a majority of the patrons of such

public school p 46, s 158.

Teachers of must report certain facts to school
(itficers in charge of the granted public
i>roperty p 46, s 158.

PUBLIC LIBRARIES—

In Cities — Inhabitants must subscribe the
sum of SoO, or upwards, before proceeding to
organize p 57, s 1.

Satiie. — Proceedings in organizing p u7, ss 2

a id 3.

Snh.e. — Transcript of proceedings at meeting
held for organization must be sworn or af-
firmed to, and filed or recorded in County
Recorder's office p 57, ss 4 and 5.

Same. — Record of above mentioned transcript
shall make such library a body corporate and
politic p 57, s 6.

Same. — Prohibited from doing the business of
bankers and brokers p 58, s 7.

<Saffi€.— Regular elections of directors of, shall
be held on the first Monday in January, an-
nually p 58, s 8

Same. — May make by-laws for their govern-
ment p 58, s 9. .

Same: — May adopt a common seal p 58, s 10.

Sam-e. — May levy an annual tax not exceeding
$1 on each share of stock p 58, s 10.

Same. — Above levy may be increased to S5 a
share, bj' a vote of two-thirds of the share-
holders. .....p 58, s 10.

Same. Quorum, vacancies, and tenure of office
of directors p 58, s 11.

Same. —May receive donations of lands, books,
moneys, papers, etc., for use and benefit of
p.^8, s 12.

■ Same. — Boardc of School Commissioners for cit-

ies of 30,0' K) or more inhabitants are author-
ized to levy an annual tax, not exceeding
one-fifth of a mill on each dollar of taxable
property, for the support of free libraries in
connection with the Common Schools; and
to make and enforce regulations therefor,
and to prescribe penalties for the violation
thereof p 53, s 4, clause 3.

■ Same. — Where population of cities is equal to

10,000, according to State or National census,
the School Boards, by whatever particular
name they may be designated, shall have the
power to establish free public libraries in
connection with the Common Schools of such
cities, and make all necessary rules and regula-
tions for their management, etc p 60, s 1.

Same. — Such Boards shall have power to levy
an annual tax, not exceeding one-third of a
mill on each dollar of taxable property in
said cities, which shall be collected in the
same manner as other municipal taxes, and
be used for the support and maintenance of

such libraries p 61, s 2.

.Sume — Such cities may purchase, or other-
wise acquire, and hold real estate for the
use or benefit of said libraries p 61, s 3.



PUBLIC LIBRARIE.>. continued.

In Incori'ORATKD Towns [Same regulations
as are contain, d in ail but the last four pre-
ceding provisions) pp57 and 58, ssl to 12.

In Villages — (Same as last above) pp 57

and 58, ss 1 to 12.

In Neighborhoods— (Same as above) pp 57

and 58, ss 1 to 12.

In Tovtnships- State Board of Education shall

direct what books shall be purchased for

p 41, 3 132.

Same., — No sectarian or strictly party work
shall be admitted to p 41, s 132.

Same. — Tax moneys for benefit of, shall be
paid into State Treasury p 41, s 133.

.' ame. — State Superintendent of Public In-
struction shall superintend purchase of books
for p 41, s 134.

Same. — Books purchased for, shall be appor-
tioned and distributed according to the school
population of the townships p 41, s 135.

;&?«<".- Township Trustees shall have charge
of p41, ss 136 and 137.

Same. — Use of, shall be free to inhabitants of
the townships p 42, ss 137 and 138.

Same. — Library may be deposited at some cen-
tral, eligible, and convenient place ; a libra-
rian may be appointed ; and it shall be open
without regard to school session, Sundays

and holidays excepted p 42, ss 139 and

140

Same. — In any township where a free public
library of the value of 81,000 or more, has
been or shall be established by private doa:'.-
tions, the Township Trustee shall ansually
levy and collect not more than one cent on
each SlOO of taxable property within said
township, to be applied by the trustees of
said library in the purchase of books there-
for p 60, s 1.

An Act lor the incorporation of public libra-
ries, by not less than seven persons, for the
general benefit and advantage of all the in-
habitants of any city or county in this State
pp 61 to 63, ss 1 to 5.

PURDUE UNIVERSITY—
Titles of Acts approved in 186") and 1869, under

which this University was established

p 56, foot-note.
Each county is entitled to enter two students

at p 56, s 1.

County Commissioners to have the appointing

power p 56, s i .

Scholarship vacancies to be filled by County

Commissioners, as thev may occur p 57,

s2.
Ordinary college expenses at, to be free p

56, s 1.

REAL ESTATE, APPROPRIATION OF—
Township Trustees or School Tiugtees are au-
thorized and empowered to .select, to have
appraised, and to appropriate by purchase,
such real estate as may be necessary for
school purposes p 63, ss 1 to 4.

SCHOLARS. See Common Schools; District
Schools ; Graded Schools.

SCHOOL BOARDS. See School Commission-
ers; School Trustees.

SCHOOL bonds-
Cities- Are authorized (by Act of March 3,
1871) to issue and sell bonds, to the aggregate
SlOO, 000, payable within five years from
(late, to aid in the erection of school-houses
therein; interest on such bonds shall not be
higher than ten per cent, per annum, and
they shall not be sold for a less price than 95

cents on the dollar p 53, s 4, clause 8.

Sam^e. — By Act of March 3, 1873, the aggregate
of bonds to be issued for the erection and
completion of school-house.s, the purchase of



A X A I. YTIC A L I N D E X .



SCHOOL BONDS, continued.

grounds and buildings for school purposes,
and for the payment of indebtedness thus
created, is limited to 850,000, payable in one
year or twenty years; and the minimum
selling-price of such bonds is placed at 94
cents on the dollar p 64, s 1.

Towns — Are authorized to issue and sell bonds
for the several purposes and under the same

regulations as last above mentioned p 64,

si.

Same.— By Act of February 25, 1875, the aggre-
gate of bonds to be issued for the completion
of any unfinished sehf»ol-house is limited to

810,000, payable in one year or ten vears

p 67, s 1.

Townships — Whenever a sum of money in
excess of $10,000 shall be raised by gift or
devise and by public subscription, for the
purpose of erectiug a public-school building
or seminary in any uuincorporatt'd town of
this State, the Trustee of the township in


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