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other foreign Lotteries, now carrying on in the city of London, the matter, as it appeared to them; and he read the same in his place; and afterwards delivered the Report in at the clerk's table: Where the same was read; and is as follows; viz.

"That the said Committee have, with the ut

scribed; and that it was to be drawn at Harburg in five Classes, 100,000 tickets being to be drawn in each class, at 37. per ticket; and that every person subscribing was to pay 12s. or 6 guilders, for each ticket, before the drawing each class of the said Lottery:

"That 200,000l. of the 300,000l. in each

most diligence, endeavoured to find out by class, was to be divided in lots to the fortunate
what authority, and by virtue of what in-
struments, the said Lottery was erected; in
order to lay the same before the House; and
to make the said Lottery, and the manage
ment thereof, the more intelligible: but the
Committee, finding they should meet with
great difficulties in obtaining such instru-
ments; and the more, for that one of the
persons, who, as your said Committee was in-
formed, was capable of giving your Com-
mittee a very material account of the crea-
tion of the said Lottery, was withdrawn;
and your Committee being unwilling to enter
into the examination of any instruments, or
writings, which might be interpreted to be
part of his Majesty's German administra-
tion: have contented themselves.to lay only
before the House the printed copy of the
Scheme of the said Lottery, with some Re-
marks thereon; and the Examinations of
witnesses, viva voce, relating thereto :

adventurers; which amounts to 1,000,000l. ; to
be deducted out of the whole sum which was
to be paid to the fortunate adventurers.
"It will be necessary, in order to inform
the House how the other 500,000l. was to be
disposed of, to acquaint them with such know-
ledge as the Committee could gain of the na
ture and establishment of the company; not
being able to see the instruments by which it
was granted.

"That the Scheme proposes, that 1.500,000l. Sterling, or 16,500,000 guilders, should be sub

posed, that 1,500,000l. sterling, or 16,500,000 guilders, should be subscribed; and that it was to be drawn at Harburgh, in five classes, 100,000 tickets to be drawn in each class, at 31. per ticket; and that every person subscribing was to pay 12s. or six guilders for each ticket, before the drawing each class of the lottery. That 200,000l. of 300,000l. in each class, was to be divided into lots, to the fortunate adventurers, which amounts to 1,000,000l. to be deducted out of the whole sum, which was to be paid the fortunate adventurers. That a sum, of 1,000,000l. was subscribed for, to carry on a trade between Great-Britain and his Majesty's German dominions; and that 2 per cent. was only paid in upon the stock so subscribed: of which a sum of 13,000l. or more was actually paid in money, and 7000l. or more was secured by notes; 400,000l. whereof was subscribed. At first, 100,000l. stock was sold at 15l. 3s. per cent. of which two per cent. was only paid in to the company, and the rest disposed of as follows; 137. 3s. per cent. which amounted to 13,150l. 10,000l. of which was given to Mr. Nicolai and 3,150l. to Mr. Benjamin Joules, for their services: And as to 13,000l. paid in money, and 7,000l. in notes, the Committee could get no account what was become of it, not being able to see their books; nor could the committee learn what number of tickets had been delivered out, or what money thereupon had been received, or what was become of what they had received. That with regard to the disposition of the other 500,000l. 5 per

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"It appeared to the Committee, That a sum of 1,000,000l. was subscribed for, to carry on a trade between Great Britain, and his Majesty's German dominions; and that 2 per cent. was agreed to be paid in upon the stock so subscribed; of which, a sum of 13,000l. or more was actually paid in money; and 70001. whereof was subscribed for at first and or more, was secured by notes; 400,000l. 1,000,000l. stock was sold at 15l. 3s. per cent.: of which 2 per cent. only was paid in to the company; and the rest disposed of as follow; viz. 137. 3s. per cent. which amounted to 13,150l.; 10,000l. of which was given to Mr. Nicolai, and 3,150l. to Mr. Joules, cent. upon 1,500,000l. which amounts 75,000l. was to be deducted for management; which being taken out of the said 500,000. leaves 425,000l. which sum was to be incorporated into the stock of the first company, and to make a part of a capital of 1,500,000l. as the Committee apprehended, of which they could get no positive information. But whether the former capital was intended to be so great, or only to consist of this 425,000l. and the 1,000,000l. which was before subscribed, it appeared to the Committee, that a plain fraud was intended in joining this real sum with an imaginary subscription: of which 2 per cent. only was paid in or secured, and that probably embezzled.' The trustees of this lottery were twenty; some of whom were in Germany; the rest, who were in England, were the lord Barrington, sir John Hartop, Charles Frederick Krenbergh, John London, Fiennes Harrison, Peter Hartop, William Squire, Edward Richier, John Caswal, William Sterling, Benjamin Smith, Benjamin Burroughs, John Thomp son, Henry Bendish, Foster, Benjamin Joules, and John Manley. But several of them resigned their trust immediately, being dissatisfied with the scheme; for, when sir Thomas Webster, sir Charles Wager, and lord Barrington waited upon lord Townshend, lord Carteret, and Mr. Walpole, they were told, that an English charter for the advantage of the Lottery could not be granted, because it was illegal and impracticable." Tindal.

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for their services: And as to the 13,000l. paid in money, at 9 per cent. for stock, as aforesaid, and 7,000l. in notes, the committee could get no account of what was become of it; not being able to see their books: Nor can your Committee learn what number of tickets have been delivered out, or what money thereupon has been received, or what is become of what they have received.

"The, Committee thought it necessary to lay this matter before the House, to inform them what was to be done with the other 500,000l.

"In the first place, 5 per cent. upon 1,500,000l. which amounts to 75,000l. was to be deducted for management; which, being taken out of the said 500,000l. leaves 425,000.; which sum was to be incorporated into the stock of the first company, and to make a part of a capital of 1,500,000l. as they apprehend; of which they could get no positive information: But, whether the former capital was in tended to be so great, or only to consist of this 425,000l. and the 1,000,000 which was before subscribed; it appears to us, that a plain fraud was intended, in joining this real sum with an imaginary subscription, of which 2 per cent. only was paid in, or secured; and that, probably, embezzled :

"As to the further particulars of the Lottery; the Committee beg leave to refer to the printed copy of the Scheme, which is hereunto annexed (No 1.)

"And, in order to inform the House more fully of the subject matter of the said Lottery, the Committee have thought fit to lay before the House the most material parts of the examinations themselves: Which are as follow: viz.

"Mr. Benjamin Joules informed your Committee, That, he the examinant, had not the written scheme of the Harburgh Lottery; for that Mr. Ridpath, who is secretary to the said Lottery, has all the writings and accounts relating thereto; but that he had a printed copy of the scheme of the said Lottery, which he delivered to the Committee, and is hereunto annexed; and said, He takes it to be a true copy of the written scheme; which, as far as he knows, has been always in Ridpath's hands; That, in the 6th Article of a charter for commerce, granted by his Majesty as duke and elector of Brunswick, there is a grant given for setting up a Lottery; which grant was made to several gentlemen, in trust for the benefit of the examinant: That he has seen the original charter: That it bore date about the latter end of November 1720; and that it specifies the Lottery to be drawn at Hanover: That the grant of the Lottery was made to the examinant, about this time 12 months: That, when sir Thomas Webster proposed to make the examinant recompence for his said right in the charter, as to the grant of the Lottery: sir Thomas said, That they were agreed to give the examinant a gratuity, and offered him 10,000; and the examinant made VOL. VIII.

answer, He would leave it to them; and did accept of the 10,000l. for assigning his said right; which assignment was made to several persons, in trust for the company: That there were 5 classes in the said Lottery; and that he was to receive the 10,000l. at 5 several payments, at 2,000l. each payment, before the drawing each class of the said Lottery: That the payment of the money is secured to the examinant, by articles in writing, bearing date the 16th October 1722, which he delivered to the Committee, under the hands and seals of the persons, to whom the profits of the Lottery are conveyed, in trust for the company; and that it appears thereby, that the exami nant was to be paid the 10,000l. as beforementioned; That it likewise appears, by the recital of the said articles, that the profits of the said Lottery, which are purchased of him for the sum before-mentioned, was by an agree ment made at Hanover, bearing date the 14th November 1720, N. S. previously granted to the said examinant Benjamin Joules:

"Being shewn one of the tickets of the said Lottery, No 17, M. 211, to which the examinant's name is printed as treasurer: Said, That the tickets were issued by his privity and consent; and that he believes, they were not delivered out numerically: That he is not treasurer to the trustees for the Lottery; for that they act themselves as treasurers, alternately, in manner following; viz. That there are two iron chests; and that two of the trustees have each of them a key, and the secretary has another; and that the trustees deliver over their keys to the next that wait, and then they are answerable no longer: That the two trustees and secretary, when in waiting, had it in their power to take out the effects, that were in those chests: That there are 20 trustees; but some of them are in Germany; and those that are here now, are lord Barrington, Wm. Sterling, sir John Hartop, Benja. Smith, Chr. Fred. Kreinberg, Benja. Burroughs, John Loudon, John Thompson, Fiennes Harrison, H. Bendish, Peter Hartop, Foster, Wm. Squire, Benja.. Joules the examinant, Edward Richier, John Manley, John Caswall: That every one of the said trustees have accepted the trust, except Mr. John Manley, Mr. Henry Bendish, and Mr. Foster, by signing the coun terpart of the assignment of the Lottery: but that lord Barrington, sir John Hartop, and Mr. Henry Bendish, never acted: That he believes, That all the trustees he has named, who have acted, have had the keys of the chests: That there were to be printed 500,000 tickets; and the examinant believes most of them are printed: and that they are printed upon Towerbill; and that the examinant believes, Mr. Billingsley did agree for the printing them; That the tickets were brought to the Yorkbuildings house, and locked up in the iron chests by the said trustees, who deliver them out, and receive the money for them. That he does not know what number of tickets have been issued out, nor what sums of money re F

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ceived for tickets delivered, for that he never saw any account of it: That he believes, Mr. Ridpath keeps the account of the money received: That if the Lottery should take place, the stock would be worth 29 per cent.: That the whole stock is called 1,500,000l. stock; and that it was as large before the new proprietors came in That 2 per cent. is paid in upon 1,000,000l.; in money, 13,000l.; in notes, 7,000l. which were paid to the examinant as treasurer to the company.

"Being examined by what authority he was treasurer, said, he was appointed treasurer by the Charter of the King, and that his name is in the warrant of the king as treasurer: Being asked, how he came to take notes; declared, he received orders from some of the directors to take them; and that the notes are some of their own That the notes are in the custody of Ridpath; for that he, the examinant, has accounted with the Company, and delivered the account to him the said Ridpath.

them; and desired the Committee would not put him upon difficulties: Being again asked Whether he would not deliver the papers; said, that he was very willing to deliver the papers, if it was not for the difficulties he has before-mentioned; and that he is afraid those difficulties extend to all the papers, as well the deed that conveys the profits of the Lottery to Joules, and the minute-books, as the char

ters:

"The Abstract of the scheme of the Harburg company's Lottery for 1,500,000l. sterling, or 16,500,000 guilders, in the FlyingPost, from Tuesday November 13th, to Thursday November 15th, 1722 (which is the same as that hereunto annexed, N° 1.), being read to the examinant, said, that it was printed by his direction; and that the scheme in the same, to the best of his knowledge, agreeth with that which is signed by his Majesty; and that the warrant, and approbation of the scheme, recited in the said abstract, are signed at St. James's, as mentioned in the said paper:

"Mr. Geo. Ridpath, Secretary to the Trustees for the Harburgh Lottery, being examined as to "The Advertisement, relating to the Har the scheme of the said Lottery, said, That the hurg Lottery, in the Flying-Post, from Tuesday calculations of the Lottery agree with the December 4th, to Thursday December 6th, scheme that was approved by his Majesty: That 1722 (which is hereunto annexed, N°. 2.), there is a power to erect a Lottery by the 6th being read to the examinant; he declared, article of a charter granted by his Majesty, That he believes he sent it to the printer's which was in order to clear the river Elbe: That he drew the advertisement himself, and af That he cannot be positive who formed the Lot-terwards shewed it to several gentlemen; and tery; but that he has heard, that Mr. Billingsley formed the scheme of it:

particularly, as he believes, to Mr. Burroughs and Mr. Squire, who are trustees and directors, at a meeting at the York-Buildings-house and that it was not ordered either by a court of directors, or the trustees :

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"Being asked, who was the person that first handed the scheme to the examinant ; said, that he saw it in company, but cannot tell who brought it to the company that lord Barring Being asked, What, was meant by these ton, and some others, were then present; and words, part of the advertisement, as will conthat it did appear to have his Majesty's Sign vince their enemies, or rather those of his MaManual, and seal of the Electorate, when it wasjesty, and the trade of the nation;' said, That first handed to the company, as a company; those that are enemies to his Majesty, have but that the examinant, previous to that, saw opposed the Lottery: That the examinant bethe scheme in the hands of Mr. Billingsley, lieves the tickets were printed at Tower-hill; whom he takes to be chief projecter; and that and that the examinant never heard, that any he is not certain it was the same scheme as is of them were printed at Hanover, or Harburg: printed; and that, then, it neither had his Ma- That the persons that are appointed agents to jesty's Sign Manual, nor the Privy-Seal of the deliver out the tickets, were nominated by the Electorate; That, when this scheme was pro-acting trustees; who are Mr. Burroughs, Mr. jected, the profits of the lottery were Mr. Joules's, by an agreement made at Hanover, for which he was to clear and deepen the river Elbe; and that lord Barrington, sir Alexander Cairnes, Mr. Nicolai, Mr. Alderman Baylis, Mr. Fiennes Harrison, and Mr. Mount, made that agreement with him; which was confirmed by the company, nem. con. and is entered in the minutes that Mr. Joules petitioned his Majesty for an order to issue the Lottery; but that it was previously granted to him by a vote of the company: That, since he was Secretary, there has been minutes kept, which is since the charter was granted for the Commerce Company, in which there is a power to erect a Lottery:

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"Being desired to produce the charters, books, and papers, relating to the Lottery; said, That he has not his Majesty's leave to produce

Caswall, Mr. Squire, Mr. Thompson, Mr. Richier: That there are some of the trustees at Harburg; but that no Committee of them have met there; nor has there been any orders or directions, sent from them, that this examinant knows of: That abundance of gentlemen bave subscribed for tickets, to the amount of about 100,000 tickets; which they are to pay for, when they take the tickets out; and that there was a commission sent lately, from a gentleman in France, for 1,000 tickets: that be cannot tell how many are delivered out; for that the trustees keep the accounts, and have the books now in their custody: that the examinant has heard, they have received about 1001. for tickets

"The examinant, being further examined, said, That lord Barrington did not give him dis rections to publish the abstract of the scheme

1

in the Flying-Post, of 13th November, nor any of the advertisements now shewn to the examinant: That the Lottery has been under the consideration of several meetings of directors, and general meetings of proprietors; and that it has had their approbation in general: That he do not remember he ever heard any one, at any one meeting, complain of the Lottery, as taking too much from adventurers, and giving too much to the proprietors of the stock:

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minutes relating to the foreign charter; and that he has not those minutes now in his custody; for that they were locked up by the trus tees, since he was ill: That the patents, warrant, and minute-book, were locked up yesternight: That he did not see them locked up; for that they lay in the room where usually the directors meet: That several trustees were there that afternoon; and particularly, Mr. Squire, Mr. Burroughs, and Mr. Richier: That the examinant supposed Mr. Squire either locked them up himself, or the messenger, by his direction: Said, That the reason he gave for so doing, was to clear the room; and that neither Mr. Squire, or the messenger, knew what papers they were:

Being asked, Whether there was ever ten votes against the Lottery? said, there was not half ten That the last general meeting ordered, that endeavours should be used to fill the Lottery with all possible speed; and that all the deputy-governors, and directors, were summoned to that meeting; and that it was then "The Examinant owned, That he did ac also agreed, that endeavours should be used to quaint them, before they locked up the papers, obtain an English Charter for trade; but that that the Committee had sent him notice, in writhe never heard, that any application was de-ing, that they would examine him the next day: signed to be made for a charter for a Lottery: that there are minutes taken of the order to apply for an English Charter :

"Being asked, Whether he has ever heard the Lottery or the Company by which the Lottery is granted, treated as a bubble by those that are concerned; said, That he has heard it so treated by Mr. Hope, and sir Thomas Webster; the last of whom declared, at a meeting of directors, he would wash his hands of it; and that what made it a cheat was, that there was no English Charter granted: That the stock will be worth, according to the calculations he has seen, 29 per cent. if the Lottery is full; but, if not, the value will decline, in proportion to the number of tickets that are not sold: That he has heard it treated as a thing for the benefit of the trade of Great Britain: That the sub-governor, deputy governor, and directors, have no salaries, or other allowances, under this Charter:

"Being asked, Whether Mr. Joules is treasurer; said, that he is not sole treasurer for the Lottery; for that the trustees, of whom he (Mr. Joules) is one, act as treasurers:

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Being asked, How it comes that the tickets are printed in his name, as treasurer; said, that he is appointed treasurer, for life, by his Majesty's patent; and the tickets are ordered to be printed, in the name of the treasurer, by warrant of his Majesty; but that, some of the gentlemen not liking Mr. Joules, there is an order made in the minutes, that he should not receive any money, till he has paid the Company what he owes them: That the trustees would not permit him, alone, to receive any money; but receive it themselves: That the money that was to be received for the tickets, was to be lodged in the Bank of England, and at the treasury chamber at Hanover; and that the charter gives the directors a power of meeting either at Harburg, or in England:

"Being asked to produce the minutes relating to the application for the English Charter; and also the minutes that were made, for Joules not to receive any money, as before-mentioned; said, That they are in the same book as the

66

Being asked, Whether the directors did not take any oath; said, that there are oaths prescribed by the charter, but not taken; for that they cannot administer them here, except they had an English Charter."

"Mr. Ridpath, having attended the Committee, the last day of the Committee's sitting, since his said examination, was desired to produce, or leave with the chairman, the minutes relating to the application for the British Charter: Which he accordingly has sent to the chairman; and the same are hereunto annexed, No. III.

"Mr. Nath. Brassey said, That, in 1720, a project was going on for a charter for a manufacture company: That there was a letter of attorney made, in order to give a power for persons to subscribe for the stock of that company at Harburg; and 400,000l. of that stock was subscribed for at 2 per cent.; and 100,000l. stock was sold at 157. 3s. per cent.; whereof 2 per cent. only was paid to the company, as the examinant has been informed:

66

That, afterwards, several gentlemen went over to Hanover, endeavouring to obtain à charter for commerce, which was to be united with the manufacture charter; and that there was subscribed 2 per cent. for 540,8001. or thereabouts, of the stock of that company: That, when they were returned, gentlemen were called together, and were informed of the benefits that would arise by the aforesaid charter: That, some time after, the examinant went, with sir John Hartopp, Mr. Bendish, Mr. Richier, Mr. Henry Cairnes, Mr. Joules, and Mr. Ridpath, to Baron Bothmore, to solicit the warrant for a Lottery; of which the scheme, now shewed to him, the examinant, is a copy:

"That, when he heard the Lottery was to be granted to Mr. Joules, the examinant applied to Baron Bothmore; who told the examinant, That a private Lottery was asked for, but would not be granted; that, though this Lottery was granted to Joules, it was intended for the sole benefit of the company;

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That, after the warrant for a Lottery was obtained, the scheme was laid before the exa

minant, and some others, at a meeting, as directors; who desired, of lord Barrington, to see the warrant; but could not obtain their requests: That the examinant did not only object to the scheme itself, as not being a fair adventure, but did disapprove of it, and declare, he would not come into it; because lord Barrington told them, at that meeting, that 75,000l. was to be given for the management of the Lottery; and proposed, that 75,000%. more should be given to Mr. Joules, for resigning his right of the Lottery to the company, and for making the Port at Harburg:

"That the Examinant had a further objection to it; because it was offered, by Mr. Alderman Billers, to be managed for 20,000l. instead of 75,000l. provided he, Mr. Billers, could think the scheme fair; and the reason that was given, by lord Barrington, not to accept of that offer, was, that 75,000l. was settled, by his Majesty's approbation of the Lottery, for the management thereof; and, as it was so settled, it must so remain, and the company could have it upon no other terms: Said, That when the trustees for the Lottery were named to the directors, lord Barrington said, That he believed, that some gentlemen, who were there present, were uneasy that they were not made trustees for the Lottery; and said, That those who had attended constantly, if they would come into the scheme, need not be uneasy; for they should have 2007. apiece, if they would agree to it: That lord Barrington offered the money; but that they refused it, and declared, they scorned to take money upon any such terms: That the offer was made by lord Barrington, in a little room, at Haberdashers hall; where were present Mr. Cresnor, Mr. Billers, and several more, that were not trustees: That the examinant said, he was in that room, from the first of the meeting; for that he had some conversation with Mr. Cresnor: That, at the last general meeting the examinant was at, it was concluded, that Mr. Joules should have 10,000%. for conveying his property in the Lot tery to the company; but that it was not to be paid out of any part of the 75,000l. which was to be given to the trustees, for the management of the said Lottery:

"That the Examinant asked, Whether, if the whole 75,000l. was not expended in the execution of the Lottery, the remaining part of the money should not go to the company: He was told, by lord Barrington, That a great deal of that money was to be given to private uses: The examinant desired to know what those private uses were: Lord Barrington told him, it was not convenient for him to know, and he should never know:

"Being asked, whether he ever saw the approbation of the scheme of the Lottery; said, That he desired to see it; but was denied to see it, by lord Barrington: That he could ne ver get sight of the Company's books; and could never see any accounts, but upon scraps of papers: That the examinant takes it, that the accounts and papers lay under the immediate

direction of the sub-governor, who is lord Barrington: That when they asked for any books, or accounts, they were told by lord Barrington, It was not proper they should see the accounts of the commerce-charter, and they should not: That there was a balance of an account brought from the manufacture company to the united company, which he saw; but, as to the account of the 100,000l. stock, that was sold at 15l. Ss. per cent. by lord Barrington's order, as Joules has informed the examinant, he could never see it: That he asked lord Barrington to see the last-mentioned account; and his lordship told him, that he should not see it: The examinant, having been informed by Joules, that 10l. per cent. of the 100,000l. stock sold at 157. 3s. per cent. was to be applied to private uses, did apply to lord Barrington, to see the account of that money; and his lordship told him, it was not convenient he should, and he should not: That the reason of their pressing to see the accounts was, because they appre hended Joules was deficient in the money he had received: That Joules told the examinant, That he had orders to buy, at Harburg, a pretty large quantity of stock, which he bought of lord Barrington: That there was a note of 1,500l. which lord Barrington had given to Joules, for part of the 2 per cent. that had been subscribed for stock; and that Joules had delivered that note up to lord Barrington, in part of payment for the stock he bought of his lordship: That the examinant don't know what quantity of stock Joules bought, or at what price it was sold: That Joules told the examinant, he was ordered to buy that stock by doctor Calamy: said, That the examinant, and others, were told very frequently by lord Bar rington, that an English charter was promised, and would certainly be granted: That, he believes, there was a resolution, at a meeting of directors, to lay the scheme before the general

court:

"Being asked, Whether it was not reported, at a general meeting, that the scheme was agreed to, nem. con. said, That he cannot recollect minute circumstances; not having had the opportunity to see the minutes, to refresh his memory: that he does believe it could not he agreed to, nem. con. for, to the best of his remembrance, he did declare, in the general court, that he was against it, at the meeting of directors.

"Mr. Alderman Baylis, being, shewn the printed Scheme of the Lottery, here upon annexed, said, That there was a scheme opened by the lord Barrington (he cannot speak certainly as to the time), at a meeting, where lord Barrington and others were assembled; which, he believes, is the same as that now showed to him:

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Being asked, whether he remembers he did disapprove of that scheme; said, he believes he might then say, he could not understand some of the particulars, they never having been communicated to him; but that, in general, it appeared so unfair, that he was against it; and

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