History of Worcester County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I, Part 4

Author: Hurd, D. Hamilton (Duane Hamilton)
Publication date: 1889
Publisher: Philadelphia : J.W. Lewis & Co.
Number of Pages: 1576


USA > Massachusetts > Worcester County > History of Worcester County, Massachusetts : with biographical sketches of many of its pioneers and prominent men, Vol. I > Part 4


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x


HISTORY OF WORCESTER COUNTY, MASSACHUSETTS.


-


Nye, Asaph Wood, Zadock A. Taft, James Allen, Velorus A. Taft, Amory Holman, J. W. Bigelow, William O. Brown, Henry G. Taft, H. E. Rice, George S. Duell and James H. Barker.


The Superior Court of Judicature which was finally established June 26, 1699, but which had been in operation since the act of November 25, 1692, which was disallowed by the Privy Council, formed a part of the judicial system of the province until February 12, 1781. It has been found difficult by some to draw the line between the death of the Superior Court of Judicature and the birth of the Supreme Judicial Court. An act was passed February 12, 1781, fixing the salaries of the justices of the Supreme Judicial Court, and yet the law establishing that court was not passed until July 3, 1782. Sufficient light is thrown on this discrepancy to explain it by an act passed February 20, 1781, which in its preamble uses the language, " Whereas by the Constitution and Frame of Government of the Commonwealth of Massachu- setts the style and title of the Superior Court of Judicature is now the Supreme Judicial Court of the Commonwealth of Massachusetts," and which in the body of the act uses the further language, "That the Court which hath been or shall be bereafter appointed and commissioned according to the Constitution as the Supreme Judicial Court of the Commonwealth, etc." During its existence the judges on its bench were :


Commissioned


Commissioned


William Stoughton 1692


Thomas Greaves 1737


Stephen Sewall 1739


Thomas Danforth. 1692 Wait Winthrop. 1692


Jolm Richards. 1692


Samnel Sewall 1692


Elisha Cooke 1695


John Walley


1700


Peter Oliver 175G


Jobn Saffiu.


1701


Thomas Hutchinson 1761


Isaac Addington 1702


Edmund Trowbridge. 1767


Jolin Hathorne. 1702


John Levereit 1702


Nathaniel Ropes 1772


Jonathan Corwin 1708


William Cushing. 1772


Benjamin Lynde. 1712


William Browue 1774


Nathaniel Thomas, 1712


Jolın Adanıs 1775


Addington Davenport. 1715


Nathaniel P. Sargent. 1775


Paul Dudley 1718


William Reed 1775


Edmund Quincy 1718


Robert Treat Paine 1775


John Cushing .. 1729


Jedediah Foster. 1776


Jonathan Remington 1733


James Sullivan 1776


Richard Saltonstall 1730


David Sewall 1777


The chief justices of the court were, William Stoughton, 1692; Isaac Addington, 1702; Wait Win- 1hrop, 1708; Samuel Sewall, 1718; Benjamin Lynde, 1718; Paul Dudley, 1745; Stephen Sewall, 1752; Thomas Hutchinson, 1761; Benjamin Lynde, 1769 ; Peter Oliver, 1772; William Cushing, 1775.


The Supreme Judicial Court, which superseded the Superior Court of Judicature, was established by law February 20, 1781. It was established with one chief justice and four associate justices, which number was increased to six in 1800, and the State divided into two circuits-the East, including Essex County and Maine, and the West, including the remainder of the


State except Suffolk County. In 1805 the number of associates was reduced to four, and in 1852 increased to five. In 1873 the number of associates was increased to six, making the court as since constituted to consist of seven judges, including the chief justice.


The judges of the court have been


Commissioned


Commissioned


William Cushing 1781


Richard Fletcher 1848


Nathl. Peaslee Sargent. .1781


George Tyler Bigelow. 1850


Caleb Cushing 1852


Benj. Franklin Thomas 1853


Pliny Merrick 1853


Ebenezer Rockwood Hoar. .1859


Francis Dana .1785


Robert Treat Paine 1790


Nathan Cushing. 1790


Thomas Dawes 1792


Theophilus Bradbury 1795


Samuel Sewall 1800


Simeon Strong 1801


George Thacher 1801


Theodore Sedgwick. 1802


Isaac Parker 180G


Theophilus Parsons 180G


Charles Jackson 1813


Daniel Dewey.


1814


Samuel Putnam 1814


Samuel Sumner Wilde, 1815


Levi Lincoln 1824


Marens Morton 1825


Lemuel Shaw 1830


Charles Augustus Dewey. .. 1837


Oliver Wendell Holmes, Jr ... 1882


Samuel Hubbard. 1842 William Sewall Gardner 1885


Charles Edward Forbes 1848


Theron Metcalf 1848


Renben Atwater Chapman .186 0


Horaco Gray 1864


James Denison Colt 1865


Dwight Fos ter 18GG


John Wells 1866


James Denison Colt 1868


Setli Ames 1869


Marcus Morton 1869


Wm. Crowninsh ield Endicott .. 1873 Charles Devens 1873


Otis Phillips Lord, 1875


Augustus Lord Soule,


1877


Wolbridge Abuer Field. 1881


Charles Devens 1881


William Allen 1881


Charles Allen


1882


Waldo Colburn 1882


Marcus Perrin Knowlton ...... 1887


The chief justices of the court have been William Cushing, 1781; Nathaniel Peaslee Sargent, 1790 ; Francis Dana, 1791 ; Theophilus Parsons, 1806; Sam- uel Sewall, 1814; Isaac Parker, 1814; Lemuel Shaw, 1830 ; George Tyler Bigelow, 1860; Reuben Atwater Chapman, 1868 ; Horace Gray, 1873 ; Marcus Mor- ton, 1882.


The administration of probate affairs up to the accession of President Dudley, in 1685, was in the hands of the County Court ; Dudley assumed probate jurisdiction, but delegated his powers in some of the counties to a judge, appointed by himself. Under the administration of Andros he assumed jurisdiction in the settlement of estates exceeding fifty pounds, while judges of probate had jurisdiction in estates of a lesser amount. The provincial charter gave jurisdic- tion to the Governor and Council in all probate mat- ters, who claimed and exercised the right of delegat- ing it to judges and registers of probate in the several counties. On the 12th of March, 1784, a Probate Court was established by law, of which the judge and register were to be appointed by the Governor, until, under an amendment of the Constitution, ratified by the people May 23, 1855, it was provided by law that in 1856, and every fifth year thereafter, the register should be chosen by the people for a term of five years. In 1856 a Court of Insolvency was also estab- lished for each county, with a judge and register, and in 1858 the offices of judge and register of both the Probate and Insolvency Courts were abolished, and


Nathaniel Hubbard 1745


Benjamin Lynde 1745


John Cushing 1747


Chambers Russell 1752


Foster Hutchinson 1771


James Sullivan 1781


David Sewall 1781


Increase Sumner. 1782


WORCESTER COUNTY.


the offices of judge and register of probate and insol- vency were established. It was also provided that the registers of probate and insolvency should be chosen by the people for a term of five years, in that year and every fifth year thereafter. In 1862 the Probate Court was made a Court of Record.


The judges of probate in Worcester County have been


John Chandler, of Woodstock 1731 to 1740


Joseph Wilder, of Lancaster .. 1740 to 1756


Julin Chandler, of Worcester. 1756 to 1762


John Cluundler, Jr., of Worcester. .1762 to 1775


Jedediah Foster, of Brookfield 1775 to 1776


Artemas Ward, of Shrewsbury 1776 to 1778


Levi Lincoln, of Worcester. 1770 to 1783


Joseph Dorr, of Ward (Auburn) 1783 to 1801


Nathaniel Paine of Worcester ISUI to 1836


Ira M. Barton, of Worcester, 1836 to 1844


Benj. F. Thomas, of Worcester, 1844 to 1848


Thomas Kinnientt, of Worcester 1848 to 1857


Dwight Foster, of Worcester. 1857 to 1858


Henry Chapin, of Worcester (P. & In.). 1858 to 1878


Aden Thayer, of Worcester (P. & In.) .. 1878 to 1888


Wm. T. Forbes, of Westboro (P. & Io.). .1888


During the short life of, the Court of Insolvency the judges were Alexander H. Bullock and W. W. Rice, and the register was John J. Piper. The registers of Probate have been John Chandler, Jr., of Worcester ; Timothy Paine, of Worcester; Clarke Chandler, of Worcester; Joseph Wheeler, of Worces- ter; Theophilus Wheeler, Charles G. Prentice, John J. Piper (P. & In.), Charles E. Stevens (P. & In.) and Frederick W. Southwick (P. & In.).


During the existence of the Massachusetts Colony the executive officer of the court was called either " beadle " or " marshal," except under Dudley, when he was called " provost marshal," and under Andros, when he was called "sheriff." Since the union of the Plymouth and Massachusetts Colonies, and the estab- lishment of the province of Massachusetts Bay, in 1692, he has been called " sheriff." Under the prov- ince charter he was appointed by the Governor, and continued to be after the adoption of the Constitution until 1831. On the 17th of March in that year a law was passed providing that the Governor should appoint and commission sheriff's for terms of five years, and giving him power to remove them from office at pleasure. Under the nineteenth article of amendments of the Constitution, ratified by the peo- ple in 1855, a law was passed in 1856 providing that in that year, and every third year thereafter, a sberiff should be chosen by the people of each county at the annual election.


The sheriff's of Worcester County have been as follows :


Appointed


Daniel Cookin .. 1731


Benjamin Flagg (vice Gookin, deceased) .1743


John Chandler (cice Flagg, deceased) 1751


Gardner Chandler (cice Chandler, mado judge) 1712


Simeon Dwight ( under the new order) 1775


William Greenleaf (vice Dwight, deceased) 1778


John Sprague .. 1788


Dwight Foster (vice Spragne, resigned). 1792


Willhun Caldwell .1793


Thomas W. Ward .1805


Calvin Willard. .1824


John W. Lincoln 1844


James W. Estabrook 185L


George W. Richardson 1853


Chosen


J. S. C. Knowlton 1856


A. B. R. Sprague .. 1871


In the colony of Massachusetts the clerks of the courts were appointed by the courts. Under the Province the clerks of the County Courts and of the Superior Court of Judicature, and afterwards of the Supreme Judicial Court, until 1797, were distinct, and the clerk of the two latter courts had his office in Boston. The courts continued to hold the ap- pointment of clerks until 1811, when it was trans- ferred to the Governor and Council. In 1814 it was given to the Supreme Judicial Court, and so re- mained until 1856, when it was provided by law that in that year, and every fifth year thereafter, clerks should be chosen by the people in the several coun- ties. The clerks of the courts in Worcester County have been as follows:


Appointed


John Chandler (2d) 1731


Timothy Paine, 1751


Levi Lincoln 1775


Joseph Allen. 1776


William Stedman 1810


Francis Blake 1814


Abijah Bigelow 1817


Joseph G. Kendall 1832


Charles W. Hartshorn 1848


1852


Joseph Mason


Chosen


Joseph Masoo. 1856


John A. Dana.


1876


Theodore S. Johnson .18S1


Timothy Paine, the second on the list of clerks, was appointed joint clerk with John Chandler, and continued sole clerk after the promotion of Mr. Chandler to the bench.


The assistant clerks have been,-


William A. Smith .1847 to '64


John A. Dana, 1864 to '76


Wm. T. Harlowe 1876 to -


During the colonial period and up to 1715 clerks of courts were registers of deeds, but on the 26th of July, in that year, it was provided by law "that in each county some person having a freehold within said county to the value of at least ten pounds should be chosen by the people of the county register of deeds for the term of five years." This practice con- tinued until 1855, having been confirmed and re- newed by a law of 1781. In 1855 it was provided that in that year and every third year thereafter a register of deeds should be chosen for the term of three years. The registers of deeds in Worcester County have been :


Chosen


Jolin Chandler (2d) .1731


Timothy l'aine ..


1761


Nathan Baldwin


1775


Daniel Clapp 1784


Oliver Fiske


1816


xii


HISTORY OF WORCESTER COUNTY, MASSACHUSETTS.


Artemas Ward 1821


Alexander II. Wilder .. 1846


Harvey B. Wilder 1873


Charles A. Clase. 1876


Harvey B. Wilder.


1877


On the 6th of June, 1856, an act was passed provid- ing that three terms of the Common Pleas Court should be held annually in the town of Fitchburg, and thus that town became a half-shire. On the 29th of Feb- ruary, 1884, it was enacted by the General Court that Worcester County should be divided into two dis- triets for the registry of deeds, one of which, includ- ing the city of Fitchburg and the towns of Lunen- burg, Leominster, Westminster and Ashburnham, should be called the Northern District and the other, including the remainder of the county, the Worcester District ; the places of registry for the two districts being Fitchburg and Worcester. It was also provided that the register then in office should continue as the register of the Worcester District, and that the Gover- nor should appoint a register for the Northern District, who should serve until a register was chosen and qualified in his place. On the 15th of June, 1885, it was provided by law that the County Commissioners should cause copies of deeds to be made in one dis- triet belonging to the other not exceeding twenty years prior to August 1, 1884. The register at Fitch- burg, under the new law, has been and continues to be Charles F. Rockwood.


It was provided by law by the Court of the Massa- chusetts Colony in 1654, that each county should an- nually choose a treasurer. After the formation of the province this provision was renewed by an act passed in 1692, and again renewed the 23d of March, 1786, and remained in force until 1855, when it was pro- vided that a treasurer should be chosen in each county in that year, and every third year thereafter, for the term of three years. The treasurers of Worc: ster County have been Benjamin Houghton, John Chan- dler (2d) and John Chandler (3d) from 1731 to 1775; Nathan Perry, from 1775 to 1790; Samuel Allen, from 1790 to 1831; Anthony Chase, from 1831 to 1865; Charles A. Chase, from 1865 to 1876, and Edward A. Brown, from 1876 to date.


The only courts remaining to be mentioned are the Police and District Courts. The only Police Court is that in Fitchburg, of which Thornton K. Ware is justice, and David H. Merriam and Charles S. Hayden are the special justices. The Police Court of Worces- ter, of which Wm. N. Green was justice, no longer exists. There are seven District Courts. The First Northern Worcester Court is held at Athol and Gard- ner, and has jurisdiction in Athol, Gardner, Peters- bam, Phillipston, Royalston, Templeton and Hub- bardston. Its officers are Charles Field, justice ; James A. Stiles and Sidney P. Smith, special justices. The First Southern is held at Southbridge and Web- ster, and has jurisdiction in Southbridge, Sturbridge, Charlton, Dudley, Oxford and Webster. Its officers


are Clark Jillson, justice ; Henry T. Clark and Elisha M. Phillips, special justices. The Second Southern Worcester is beld at Blackstone and Uxbridge and has jurisdiction in Blackstone, Uxbridge, Douglas and Northbridge. Its officers are Arthur A. Putnam, jus- tice; Zadoc A. Taft, and William J. Taft special jus- tices. The Third Southern Worcester is held at Mil- ford, and has jurisdiction in Milford, Mendon and Upton. Its officers are Charles A. Dewey, justice, and James R. Davis and Charles E. Whitney, special jus- tices. The First Eastern Worcester is held at West- borough and Grafton, and has jurisdiction in West- borough, Grafton, Northborough and South borough. Its officers are Dexter Newton, justice, and Benjamin B. Nourse and Luther K. Leland, special justices. The Second Eastern Worcester is held at Clinton, and has jurisdiction in Clinton, Berlin, Bolton, Harvard, Lancaster and Sterling. Its officers are Christopher C. Stone, justice, and Ilerbert Parker, special justice. The Central Worcester is held at Worcester, and has jurisdiction in Worcester, Millbury, Sutton, Auburn, Leicester, Paxton, West Boylston, Boylston, Holden and Shrewsbury. Its officers are Samuel Utley, jus- tice ; George M. Woodward and Hollis W. Cobb, special justices, and Edward T. Raymond, clerk.


It is not proposed to include in this chapter any allusion to the judges and members of the bar who have illustrated the judicial history of Worcester County. Another chapter will be specially devoted to sketches of their character and lives. Until 1836 the bar was divided into two classes, attorneys and barristers, though after 1806, under a rule of court, counselors, were substituted for barristers, and in 1836 the distinction between counselors and attor- neys was abolisbed. The writer will be excused if he repeats in this place substantially what he has writ- ten elsewhere concerning American barristers.


The term "barrister" is derived from the Latin word barra, signifying "bar," and was applied to those only who were permitted to plead at the bar of the courts. In England, before admission, barristers must have resided three years in one of the Inns of Court if a graduate of either Cambridge or Oxford, and five years if not. These Inns of Court were the Inner Temple, the Middle Temple, Lincoln's Inn and Gray's Inn. Before the Revolution this rule seems to have so far prevailed here as to require a practice of three years in the Inferior Courts before admission as a barrister. John Adams says in his diary that he became a barrister in 1761, and was directed to provide himself with a gown and bands and a tie-wig, having practiced according to the rules three years in the Inferior Courts. At a later day the term of probation was four years, and at a still later, seven. There are known to have been twenty- five barristers in Massachusetts in 1768-eleven in Suffolk County : Richard Dana, Benjamin Kent, James Otis, Jr., Samuel Fitch, William Read, Samue Swift, Benjamin Gridley, Samuel Quincy, Robert


xiii


WORCESTER COUNTY.


Auchmuty and Andrew Casneau, of Boston, and John Adams, of Braintree; five in Essex: Daniel Faru- ham and John Lowell, of Newburyport, William Pynchon, of Salem, Jolin Chipman, of Marblehead, and Nathaniel Peaslee Sargent, of Haverhill ; one in Middlesex : Jonathan Sewell; two in Worcester : James Putnam, of Worcester, and Abel Willard, of Lancaster ; three in Bristol : Samuel White, Robert Treat Paine and Daniel Leonard ; two in Plymouth : James Hovey and Pelham Winslow, of Plymouth ; one in Hampshire : John Worthington, of Spring- field, then in that county. Fifteen others were added before the Revolution-Sampson Salter Blowers, of Boston, Moses Bliss and Jonathan Bliss, of Spring- field, Joseph Hawley, of Northampton, Zephaniah Leonard, of Taunton, Mark Hopkins, of Great Bar- rington, Simeon Strong, of Amherst, Daniel Oliver, of Hardwick, Francis Dana, of Cambridge, Daniel Bliss, of Concord, Joshua Upham, of Brookfield, Shearjashub Bourne, of Barnstable, Samuel Porter, of Salem, Jeremiah D. Rogers, of Littleton, and Oakes Angier, of Bridgewater. How many barristers were admitted in Worcester County at later dates tlie writer has been unable to discover, but it is known that in 1803 Levi Lincoln had been added to the roll.


The following entry in the records of the Superior Court of Judicature will throw light on the methods which prevailed concerning the admission of barris. ters :


Suffolk SS. Superior Court of Judicature at Bostou, third Tuesday of February, 1781 ; present-William Cushing, Nathaniel P. Sargeant, David Sewall and James Sullivan, Justices ; and now at this term the following rule is made by tho court and ordered to be entered, viz .: whereas learning and literary accomplishments are necessary as well to promote the happiness as to preserve the freedom of the people, and tho learning of the law when duly encouraged aud rightly directed, being as well pecuharly subservient to the great und good purpose aforesaid, as pro- motive of public and private justice ; and the court being at all times ready to bestow peculiar marks of approbation upon the gentlemen of the bar, who, by a close application to the study of the science they profess, by a mode of conduct which gives a conviction of the rectitude of their minds and n fairness of practice that does honor to the profession of the law, shall distinguish as men of science, honor and integrity, Do order that no gentleman shall be called to the degree of barrister until he shall merit the same by his conspicuous bearing, ability and honesty ; and that the court will, of their own mere motion, call to the bar such per- sons as shall render themselves worthy as aforesaid ; and that the man- ner of calling to the bar shall be as follows : The gentleman who shall be a candidate shall stand within the bar; the Chief Justice, or in his absence the Senior Justice, shall, in the name of tho court, repeat to him the qualifications necessary for a barrister at law ; shall let him know that it is a convictioo in the mind of the court of his being pos- sessed of those qualifications that induces them to confer the honor upou bim ; and shall solemnly charge him so to conduct himself as to be of singular service to his country by exerting his abilities for the defeoce of her constitutional freedom ; and so to dementi himself as to do houor to the court and bar.


In the act passed July 3, 1782, establishing the Su- preme Judicial Court, it was provided that the court might and should from time to time make record and establish all such rules and regulations with respect to the admission of attorneys ordinarily practicing in said court and the creation of barristers at law. Under the provisions of this act the court adopted the following rule:


Suffolk, SS At the Supreme Judicial Conrt at Boston the last Tuesday of August, 1783 ; present-William Cushing, Chief Justice, and Nathaniel l'. Sargeant, David Sowall and Increase Summer, Justices ; ordered that barristers be called to the bar by special writ to be ordered by the Court and to be in the following form :


Commonwealth of Massachusetts.


To A. B., Esq., of -- Greeting : We, well knowiog your ability, learning and integrity, command you that yon appear before our Jus- tices of our Supreme Judicial Court next to Le bolden at - in and for our Connty of - on the - Tuesday of - then and there in our said comt, to take upun yon the State and degree of a Barrister at law. Hereof fail not. Witness, -, Esq., our Chief Justice at Boston, the -- day of -in the year of our Lord -, and in the - year of our Independence -. By order of the Court. - , Clerk.


Which writ shall be fairly engraved on parchment and delivered twenty days before the session of the same Court by the Sheriff of the same County to the person to whom directed, and being produced io Court by the Barrister aud there read by the clerk and proper certificate thereoo made, shall be redelivered and kept as a voucher of his being le- gally called to the bar ; and the Barristers shall take rauk according to the date of their respective writs.


In 1806 the following rule was adopted by the court, which seems to have substituted counselors for barristers :


Suffolk SS. At the Supreme Judicial Court at Boston for the County of Suffolk and Nantucket, the second Tuesday of March, 1806 ; present- Francis Dana, chief Justice, Theodore Sedgwick, George Thatcher and Isaac Parker, Justices ; ordered : First. No Attorney shall do the business of a counsellor unless he shall have been made or admitted as such by the Court. Second. All attorneys of this Court wbo have been admitted three years before the sitting of this Court, shall be and hereby are made Counsellors, and are entitled to all the rights and privileges of such. Third. No Attorney or Counsellor shall hereafter be admitted without a previous examination, etc.


The rule of the Supreme Judicial Court, adopted in 1783, was issued under the provisions of the law of 1782 establishing that court, but the rule adopted by the Superior Court of Judicature in 1781 seems to have been made in obedience to no law, but under the general powers of the court. It is not known at precisely what period barristers were introduced into the Provincial courts, but it is probable that until 1781 the English custom and methods and qualifica- tions were substantially followed without any rule of court.


The earliest sessions of the courts were held in the meeting-house in Worcester, which was built in 1719 on the Common. This meeting-house stood until 1763. In 1732 it was decided to built a court-house. The land for its site was given by Judge Jeunison and it was erected in 1733. The county tax in that year was apportioned as follows:


£ 8. d.


£


8 d.


Worcester 22 15


4


Rutland


7 16 0


Lancaster.


62


16


Westborough 18


2 0


Mendon


36 0


0


Shrewsbury. 14


14 U


Woodstock


32


0


0


Oxford


14


4


0


Brook field.


27


1


4


Suttou. 24


10 0


Southborough


17


G


0


Uxbridge. 13


0


8


Leicester 13 19


1 Luneaburg 7


16


0


This court-house was situated near the site of the present brick court-house near Lincoln Square, and was opened February 8, 1734. It is believed that its dimensions were thirty-six feet by twenty-six. Iu 1751 a new building was erected, forty feet by thirty- six, on the Court Hill, corner of Greeu and Franklin


xiv


HISTORY OF WORCESTER COUNTY, MASSACHUSETTS.


Streets, and is now used as a residence. The corner- stone of the briek building, now in use, was laid Oc- tober 1, 1801, under the direction of a building eom- mittee composed of Isaiah Thomas, William Caldwell and Salem Towne. The original building, since en- larged, was fifty and a half feet long and forty-eight and a half feet wide, and was opened September 27, 1803, when Chief Justice Robert Treat Paine, of the Supreme Judicial Court, delivered an address. At the February meeting of the County Commissioners in 1842 it was deeided to build another court-house, and the granite structure, now chiefly in use, was ereeted at a cost of one hundred thousand dollars on the site of the house of Isaiah Thomas, which was re- moved to the rear and is still standing. This building, which was originally one hundred and eight feet long and fifty-seven wide, was enlarged in 1878. It was opened September 30, 1845, on which occasion an ad- dress was delivered by Chief Justice Lemuel Shaw.




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