USA > Michigan > Michigan legislative manual and official directory for the years 1899-1900 > Part 5
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(g) By amendment proposed by the legislature of 1875, joint reso- lution No. 21, and approved by the people at the November election of 1876, section 47, article IV, was stricken out. It prohibited the license of the sale of intoxicating liquors.
(h) As amended by joint resolution No. 5, public acts of 1899; ratified April election, 1899.
33
CONSTITUTION OF MICHIGAN.
ART. V.
culverts, and may provide for one or more county road com- missioners, to be elected by the people, or appointed, with such powers and duties as may be prescribed by law.
No county shall incur any indebtedness for any purposes Indebted- in excess of three per cent of the valuation, according to the 1 ness. last assessment roll, and no such indebtedness beyond one- half of one per cent of such valuation shall be incurred, un- less authorized by a majority of the electors of said county voting thereon: Provided, That any county road system pro- vided by law shall not go into operation in any county until the electors of said county, by a majority vote, have de- clared in favor of adopting the county road system.
ARTICLE V.
EXECUTIVE DEPARTMENT.
SECTION 1. The executive power is invested in a governor Governor. who shall hold his office for two years. A lieutenant gov- Lieutenant ernor shall be chosen for the same term. governor.
Amber v. Auditor General, 38 Mich. 746; Southerland v. The Governor, 39 Mich. 320.
SEC. 2. No person shall be eligible to the office of governor Eligibility. or lieutenant governor, who has not been five years a citizen of the United States and a resident of this state two years next preceding his election; nor shall any person be eligible to either office who has not attained the age of thirty years.
SEC. 3. The governor and lieutenant governor shall be elected at the times and places of choosing the members of the legislature. The persons having the highest number of votes for governor or lieutenant governor shall be elected. In case two or more persons shall have an equal and the highest number of votes for governor or lieutenant governor, the legislature shall, by joint vote, choose one of such per- sons.
How elected.
SEC. 4. The governor shall be commander-in-chief of the Power of military and naval forces, and may call out such forces to governor. execute the laws, to suppress insurrections and to repel in- vasions.
SEC. 5. He shall transact all necessary business with offi- Executive cers of government, and may require information in writing business. from the officers of the executive department upon any sub- ject relating to the duties of their respective offices.
SEC. 6. He shall take care that the laws be faithfully exe- Execution cuted.
of laws.
SEC. 7. He may convene the legislature on extraordinary Extra occasions.
sessions.
SEC. 8. He shall give to the legislature, and at the close of Messages. his official term, to the next legislature, information by mes- sage of the condition of the state, and recommend such measures to them as he shall deem expedient.
SEC. 9. He may convene the legislature at some other When ses- place when the seat of government becomes dangerous from sion held elsewhere. disease or a common enemy.
SEC. 10. He shall issue writs of election to fill such va- Writs of cancies as occur in the senate or house of representatives. election.
5
34
CONSTITUTION OF MICHIGAN.
ART. V.
Reprieves and pardons. SEC. 11. He may grant reprieves, commutations and par- dons after convictions, for all offenses except treason and cases of impeachment, upon such conditions, and with such restrictions and limitations, as he may think proper, sub- ject to regulations provided by law, relative to the manner In case of treason. of applying for pardons. Upon conviction for treason, he may suspend the execution of the sentence until the case shall be reported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further re- prieve. He shall communicate to the legislature at each session information of each case of reprieve, commutation or pardon granted, and the reasons therefor.
People v. Moore, 62 Mich. 496; People v. Cummings, 88 Mich. 249; Rich v. Chamberlain, 104 Mich. 436.
In case of vacancy, absence, etc.
SEC. 12. In case of the impeachment of the governor, his removal from office, death, inability, resignation, or absence from the state the powers and duties of the office shall de- volve upon the lieutenant governor, for the residue of the term, or until the disability ceases. When the governor shall be out of the state in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the state.
Who to act as governor.
SEC. 13. During a vacancy in the office of governor, if the lieutenant governor die, resign, or be impeached, displaced, be incapable of performing the duties of his office, or absent from the state, the president pro tempore of the senate shall act as governor until the vacancy be filled or the disability cease.
President of senate.
SEC. 14. The lieutenant governor shall, by virtue of his office, be president of the senate. In committee of the whole he may debate all questions; and when there is an equal division, he shall give the casting vote.
Ineligibility of certain persons.
SEC. 15. No member of congress, nor any person holding office under the United States, or this state, shall execute the office of governor.
Att'y Gen'l v. Detroit Common Council, 112 Mich. 147, 151, 168.
Ineligibility to office.
SEC. 16. No person elected governor or lieutenant governor shall be eligible to any office or appointment from the legis- lature, or either house thereof, during the time for which he was elected. All votes for either of them for any such office shall be void.
Compensa- tion.
Att'y Gen'l v. Detroit Common Council, 112 Mich. 151. SEC. 17. The lieutenant governor and president of the. sen- ate pro tempore, when performing the duties of governor, shall receive the same compensation as the governor.
Great seal.
SEC. 18. All official acts of the governor, his approval of the laws excepted, shall be authenticated by the great seal of the state, which shall be kept by the secretary of state. Attorney General v. Jochim, 99 Mich. 358.
35
CONSTITUTION OF MICHIGAN.
ART. VI.
SEC. 19. All commissions issued to persons holding office Commis- under the provisions of this constitution shall be in the name sions; how and by the authority of the people of the State of Michigan, issued. sealed with the great seal of the state, signed by the gov- ernor, and countersigned by the secretary of state.
ARTICLE VI. JUDICIAL DEPARTMENT.
SECTION 1. The judicial power is vested in one supreme Judicial court, in circuit courts, in probate courts, and in justices of power. the peace. Municipal courts of civil and criminal jurisdiction may be established by the legislature in cities.
People v. Auditor General, 5 Mich. 193; Chandler v. Nash, 5 Mich. 409; Daniels v. People, 6 Mich. 381; Street- er v. Paton, 7 Mich. 341; Underwood v. McDuffee, 15 Mich. 361; Boyce v. Goodwin, 22 Mich. 320; Rowe v. Rowe, 28 Mich. 353; Southerland v. The Governor, 29 Mich. 499; Jones v. Judge, etc., 35 Mich. 494; Covell v. Treasurer Kent Co., 36 Mich. 322; Heath v. Judge, 37 Mich. 372; Allen v. Judge, etc., 37 Mich. 474; G. R. N. & L. S. R. Co.v. Gray, 38 Mich. 461; Burger's case, 39 Mich. 203; Shurbun v. Hooper, 40 Mich. 503; Douvielle v. Man- istee Sup., 40 Mich. 585; People v. Hurst, 41 Mich. 328; Allor v. Auditors Wayne Co., 43 Mich. 76; Elliott v. Far- well, 44 Mich. 186; People v. Gallagher, 75 Mich. 512; Per- rott v. Pierce, 75 Mich. 578; People v. Cummings, 88 Mich. 249; Bissell v. Heath, 98 Mich. 472.
(j) SEC. 2. For the term of six years and thereafter, until Supreme the legislature otherwise provide, the judges of the several court. circuit courts shall be judges of the supreme court, four of whom shall constitute a quorum. A concurrence of three shall be necessary to a final decision. After six years the legislature may provide by law for the organization of a su- preme court, with the jurisdiction and powers prescribed in this constitution to consist of one chief justice and three associate justices, to be chosen by the electors of the state. Such supreme court, when so organized, shall not be changed or discontinued by the legislature for eight years there- after. The judges thereof shall be so classified that but one Classifica- of them shall go out of office at the same time. The term of office shall be eight years.
People v. Auditor General, 5 Mich. 193.
SEC. 3. The supreme court shall have a general superin- Powers of. tending control over all inferior courts, and shall have power to issue writs of error, habeas corpus, mandamus, quo warranto, precedeno, and other original and remedial writs, and to hear and determine the same. In all other cases it shall have appellate jurisdiction only. .
Teller v. Wetherell, 6 Mich. 46; People v. Jackson, S Mich. 78; Sanger 'v. Truesdail, 8 Mich. 543; Farrell v. Taylor, 12 Mich. 113; People v. Mahaney, 13 Mich. 481 ; Jones v. Smith, 14 Mich. 334; Demaray v. Little, 17 Mich. 386; Hick's case, 20 Mich. 129; Specht v. Detroit, 20 Mich. 168; McBride v. Grand Rapids, 32 Mich. 360; Wyandotte
(j) Act No. 6, public acts of 1887, provides that there shall be five justices of the supreme court and that the term of office of each shall be ten years.
tion and term of office.
36
CONSTITUTION OF MICHIGAN.
ART. VI.
R. M. Co. v. Robinson, 34 Mich. 428; King v. Carpenter, 37 Mich. 363; Tawas R. R. v. Iosco Judge, 44 Mich. 479; People v. Swift, 59 Mich. 540; Auditor General v. Super- visors, 89 Mich. 552; Giddings v. Blacker, 93 Mich. 1; Bank of Mich. v. Niles, Walk. Ch. 398.
Terms.
SEC. 4. Four terms of the supreme court shall be held an- nually at such times and places as may be designated by law.
Rules, etc.
SEC. 5. The supreme court shall, by general rules, estab- lish, modify, and amend the practice in such court and in the circuit courts, and simplify the same. The legislature shall, as far as practicable, abolish distinctions between law and equity proceedings. The office of master in chancery is prohibited.
Master in chancery prohibited.
Ismond v. Sccugale, 78 N. W. R. 546.
State Tax Law Cases, 54 Mich. 372; Brown v. Circuit Judge, 75 Mich. 289; Lee v. Circuit Judge, 101 Mich. 406.
Judicial circuits.
(k) SEC. 6. The state shall be divided into judicial circuits, in each of which the electors thereof shall elect one circuit judge, who shall hold his office for a term of six years, and until his successor is elected and qualified. The legislature may provide for the election of more than one circuit judge in the judicial circuit in which the city of Detroit is or may be situated, and in the judicial circuit in which the county of Saginaw is or may be situated, and in the judi- cial circuit in which the county of Kent is or may be sit- uated (and in the judicial circuit in which the county of St. Clair is or may be situated). And the circuit judge or judges of such circuits, in addition to the salary provided by the constitution, shall receive from their respective counties such additional salary as may from time to time be fixed and determined by the board of supervisors of said county. And the board of supervisors of each county in the upper peninsula is hereby authorized and empowered to give and pay to the circuit judge of the judicial circuit to which said county is attached, such additional salary or compensation as may from time to time be fixed and determined by such board of supervisors.
This section as amended shall take effect from the time of its adoption.
G. R. N. & L. S. R. R. Co. v. Gray, 38 Mich. 461; At- torney General v. Burch, 84 Mich. 408; Att'y Gen'l v. De- troit Common Council, 112 Mich. 150.
Alteration of circuits, etc.
SEC. 7. The legislature may alter the limits of circuits or increase the number of the same. No alteration or increase shall have the effect to remove a judge from office. In every additional circuit established the judge shall be elected by the electors of such circuit and his term of office shall con- tinue, as provided in this constitution for judges of the circuit court.
Jurisdiction.
Royce v. Goodwin, 22 Mich. 496.
(m) SEC. 8. The circuit court shall have original jurisdic- tion in all matters civil and criminal not excepted in this con-
(k) As amended by joint resolution No. 3, public acts, 1899; rati- fied April election, 1899.
(m) As amended by joint resolution No. 12, public acts, 1893; rati- fled April election. 1893.
37
CONSTITUTION OF MICHIGAN.
ART. VI
stitution and not prohibited by law, and appellate jurisdic- tion from all inferior courts and tribunals and a supervisory control of the same. They shall also have power to issue Writs. writs of habeas corpus, mandamus, injunction, quo warranto, certiorari, and other writs necessary to carry into effect their orders, judgments and decrees, and give them general control over inferior courts and tribunals within their re- spective jurisdictions, and in all such other cases and mat- ters as the supreme court shall by rule prescribe.
Strong v. Daniels, 3 Mich. 466; Teller v. Wetherell, 6 Mich. 46; Raymond v. Hinkson, 15 Mich. 143; Inkster v. Carver, 16 Mich. 484; Merrill v. Butler, 18 Mich. 294; Din- hen v. Baxter, 18 Mich. 457; Thompson v. School District, 23 Mich. 483; Taylor v. Judge, 32 Mich. 95; McBride v. C. C. of Grand Rapids, 32 Mich. 360; Heath v. Kent Circuit Judge, 37 Mich. 372; Allen v. Id., 37 Mich. 474; Eddy v. Township of Lee, 37 Mich. 128; People v. Hurst, 41 Mich. 238; Atkins v. Borstler, 46 Mich. 553; Milroy v. Spur Mt. I. M. Co., 48 Mich. 231; People v. Mangold, 71 Mich. 335; People v. Dane, 79 Mich. 361; Morton v. Railroad Com- pany, 81 Mich. 437; Sullivan v. Haug, 82 Mich. 548; Wood v. Adsit, 105 Mich. 378; in re Chadwick, 109 Mich. 597.
SEC. 9. Each of the judges of the circuit courts shall re- Salaries of ceive a salary, payable quarterly. They shall be ineligible to judges. any other than a judicial office during the term for which they are elected, and for one year thereafter. All votes for any person elected such judge for any office other than judi- cial, given either by the legislature or the people, shall be void.
SEC. 10. The supreme court may appoint a reporter of its Reporter. decisions. The decisions of the supreme court shall be in Decisions. writing and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dis- sent in writing under his signature. All such opinions shall be filed in the office of the clerk of the supreme court. The judges of the circuit court within their respective jurisdic- tions may fill vacancies in the office of county clerk and of prosecuting attorney; but no judge of the supreme court or May fill circuit court shall exercise any other power or appointment certain to public office.
vacancies.
Matter of Head Notes, 43 Mich. 642.
SEC. 11. A circuit court shall be held at least twice in each Terms of year in every county organized for judicial purposes, and court. four times in each year in counties containing ten thousand Judges may inhabitants. Judges of the circuit court may hold courts for hold court each other, and shall do so when required by law.
Royce v. Goodwin, 22 Mich. 496; Toll v. Jerome, 101 Mich. 468; Donovan v. Bromley, 113 Mich. 55.
for each other.
(n) SEC. 12. The clerk of each county organized for judi- Clerk of cir- cial purposes shall be the clerk of the circuit court of such cuit courts. county. The supreme court shall have power to appoint a clerk for such supreme court.
SEC. 13. In each of the counties organized for judicial pur- Courts of noses there shall be a court of probate. The judge of such probate.
(n) As amended by joint resolution No. 5, public acts 1881, p. 408 : ratified April election. 1881.
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CONSTITUTION OF MICHIGAN.
ART. VI.
court shall be elected by the electors of the county in which he resides, and shall hold his office for four years, and until Jurisdiction. his successor is elected and qualified. The jurisdiction, pow- ers and duties of such court shall be prescribed by law.
Royce v. Goodwin, 22 Mich. 496.
Vacancies, how filled.
SEC. 14. When a vacancy occurs in the office of judge of the supreme, circuit or probate court, it shall be filled by appointment of the governor, which shall continue until a successor is elected and qualified. When elected, such suc- cessor shall hold his office the residue of the unexpired term.
People v. Lord, 9 Mich. 227; Kelley v. Edwards, 38 Mich. 210; Attorney General v. Burch, 84 Mich. 408; Adsit v. Osmon, 84 Mich. 420; Attorney General v. Trombly, 89 Mich. 50.
Courts of record.
SEC. 15. The supreme court, the circuit court and probate courts of each county shall be courts of record, and shall each have a common seal.
Circuit court com- missioners.
SEC. 16. The legislature may provide by law for the elec- tion of one or more persons in each organized county, who may be vested with judicial powers not exceeding those of a judge of the circit court at chambers.
Chandler v. Nash, 5 Mich. 409; People v. Daniels, 6 Mich. 381; Streeter v. Paton, 7 Mich. 341; Edgarton v. Hinchman, 7 Mich. 352; Waldby v. Callendar, 8 Mich. 430; Case v. Dean, 16 Mich. 12; Boinay v. Coats, 17 Mich. 411; McClintock v. Laing, 19 Mich. 300; Rowe v. Rowe, 28 Mich. 353; Buddington's case, 29 Mich. 472; DeMyer v. McGonyal, 32 Mich. 120; Burger's case, 39 Mich. 203; Watson v. Randall, 44 Mich. 514; Mulborn v. Grove, 111 Mich. 535.
Justices of the peace, how elected. Classifica- tion of.
SEC. 17. There shall be not exceeding four justices of the peace in each organized township. They shall be elected by the electors of the townships, and shall hold their offices for four years, and until their successors are elected and quali- fied. At the first election in any township they shall be clas- sified as shall be prescribed by law. A justice elected to fill a vacancy shall hold his office for the residue of the unex- pired term. The legislature may increase the number of justices in cities.
Justices in cities.
Thompson School District, 25 Mich. 483; Brooks v. Hy- dorn, 76 Mich. 273; Hulbert v. Henry, 105 Mich. 212; Engel v. Donovan, 106 Mich. 654; Messenger v. Teagan, 106 Mich. 656; Gratopp v. Van Epps, 113 Mich. 591.
Civil juris- diction of justices. SEC. 18. In civil cases, justices of the peace shall have exclusive jurisdiction to the amount of one hundred dollars, and concurrent jurisdiction to the amount of three hundred dollars, which may be increased to five hundred dollars, with such exceptions and restrictions as may be provided by law. Criminal They shall also have such criminal jurisdiction and perform jurisdiction. such duties as shall be prescribed by the legislature.
Root v. Mayor, 3 Mich. 433; Strong v. Daniels, 3 Mich. 466; Gurney v. Mayor, 11 Mich. 202; Raymond v. Hinkson, 15 Mich. 113; Inkster v. Carver, 16 Mich. 484; Merrill v. Butler, 18 Mich. 294; Dinnen x. Baxter, 18 Mich. 457; Goodsell v. Leonard, 23 Mich. 374; Henderson v. Desbor- ough, 28 Mich. 170; Allor v. Wayne County Auditors, 43 Mich. 100; Milroy v. Spur Mt. I. M. Co., 43 Mich. 231;
39
CONSTITUTION OF MICHIGAN ..
ART. VI.
Messenger v. Teagan, 106 Mich. 656; O'Connell v. Me- nominee Bay Shore Lumber Co., 71 N. W. R. 449; Ster- ling v. Regents of University, 110 Mich. 383; Sunderlin v. Board of Sup'rs of Ionia Co., 78 N. W. R. 654.
SEC. 19. Judges of the supreme court, circuit judges and Conserva- tors of the justices of the peace shall be conservators of the peace with- in their respective jurisdictions. peace.
Daniels v. People, 6 Mich. 381; Allor v. Wayne County Auditors, 43 Mich. 100; Averill v. Perrott, 74 Mich. 296.
SEC. 20. The first election of judges of the circuit courts Election of shall be held on the first Monday in April, one thousand circuit eight hundred and fifty-one, and every sixth year thereafter. judges. Whenever an additional circuit is created, provision shall be made to hold the subsequent election of such additional judge at the regular elections herein provided.
Attorney General v. Burch, 84 Mich. 408.
SEC. 21. The first election of judges of the probate courts Election of shall be held on the Tuesday succeeding the first Monday of judges of November, one thousand eight hundred and fifty-two, and probate. every fourth year thereafter.
People v. Palmer, 91 Mich. 283.
SEC 22. Whenever a judge shall remove beyond the limits What of the jurisdiction for which he was elected, or a justice of deemed the peace from the township in which he was elected, or by vacancy. a change in the boundaries of such township shall be placed without the same, they shall be deemed to have vacated their respective offices.
Berry v. Geddes, 3 Mich. 70; Royce v. Goodwin, 22 Mich. 496; Faulks v. People, 39 Mich. 200.
SEC. 23. The legislature may establish courts of concilia- Courts of tion with such powers and duties as shall be prescribed by conciliation. law.
Chandler v. Nash, 5 Mich. 409.
SEC. 24. Any suitor in any court of this state shall have Suitors may the right to prosecute or defend his suit, either in his own appear by attorney or proper person, or by an attorney or agent of his choice. in person.
Cobb v. Judge of the Superior Court, 43 Mich. 289.
SEC. 25. In all prosecutions for libels the truth may be Libels; given in evidence to the jury; and if it shall appear to the truth may jury that the matter charged as libelous is true and was evidence. be given published with good motives and for justifiable ends, the party shall be acquitted. The jury shall have the right to Right of determine the law and facts. jury.
Maclean v. Scripps, 52 Mich. 221; Park v. Free Press Co., 72 Mich. 560; Thibault v. Sessions, 101 Mich. 279.
SEC. 26. The person, houses, papers and possessions of Security of every person shall be secure from unreasonable searches and person and property seizures. No warrant to search any place or to seize any from person or things shall issue without describing them, nor searches. without probable cause, supported by oath or affirmation.
Brown v. Kelley, 20 Mich. 27; People v. Lynch, 29 Mich. 274; Weimer v. Bunbury, 30 Mich. 201; Hackett v. Judge, 36 Mich. 334; Allor v. Wayne County Auditors, 43 Mich. 76; DeLong v. Briggs, 47 Mich. 624; People v. Moore, 62 Mich. 496; Robinson v. Haug and Miner, 68 Mich. 549; Robinson v. Haug, 71 Mich. 38 (saloon screens) ;
Search war- rants.
J
40
CONSTITUTION OF MICHIGAN
ART. VI.
Grand Rapids v. Powers, 89 Mich. 94; Burroughs v. East- man, 101 Mich. 419; Newberry v. Carpenter, 107 Mich. 574.
Right of
SEC. 27. The right of trial by jury shall remain, but shall trial by jury· be deemed to be waived in all civil cases unless demanded by one of the parties in such manner as shall be prescribed by law.
O'Flynn v. Holmes, 8 Mich. 95; People v. Smith, 9 Mich. 193; Tabor v. Cook, 15 Mich. 322; Hill v. People, 16 Mich. 351; Van Sickle v. Kellogg, 19 Mich. 49; McGraw v. Sturgeon, 29 Mich. 426: Ward v. People, 30 Mich. 116; Paul v. Detroit, 32 Mich. 108; Odell v. Reynolds, 40 Mich. 21; Mabley v. Judge, etc., 31 Mich. 31; Stewart v. Kim- ball, 43 Mich. 448; People v. Harding, 53 Mich. 48 and 481; State Tax Law Cases, 54 Mich. 372; Pt. Huron & N. W. R. R. v. Callahan, 61 Mich. 14; Hewitt v. Circuit Judge, 71 Mich. 287: People v. Peterson, 93 Mich. 27; McRae v. Railroad Co., 93 Mich. 399; Ball v. Ridge Copper Co., 76 N. W. R. 130, 138.
Accused to have speedy trial.
SEC. 28. In every criminal prosecution the accused shall have the right to a speedy and public trial by an impartial jury, which may consist of less than twelve men in all courts not of record; to be informed of the nature of the accusa- tion; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and have the assistance of counsel for his defense.
Slaughter v. People, 2 Doug. 334; Hibbard v. People, 4 Mich. 125; Parson v. Russell, 11 Mich. 113; Holt v. Peo- ple, 13 Mich. 224; Hill v. People, 16 Mich. 351; Johnson v. Maxon, 23 Mich. 129; People v. Jones, 24 Mich. 215; Brown v. People, 29 Mich. 232; People v. Olmstead, 30 Mich. 431: Stevens v. People, 38 Mich. 739; People v. Sligh, 48 Mich. 55; Thomas Fowler's case, 49 Mich. 235; People v. Murray, 52 Mich. 295; People v. Luby, 56 Mich. 551; People v. Barker, 60 Mich. 277; People v. Shufelt, 61 Mich. 237; People v. Moore, 52 Mich. 496; People v. Dow, 64 Mich. 717; People v. Murray, 89 Mich. 276; People v. Peterson, 93 Mich. 27; McRae v. Rail- road Co., 93 Mich. 399; Village of Vicksburg v. Briggs, 102 Mich. 552; People v. Repke, 103 Mich. 467; in re Chadwick, 109 Mich. 598; People v. Butler, 111 Mich. 485; People v. Yaeger, 113 Mich. 229.
No trial after acquit- tal upon merits.
SEC. 29. No person after acquittal upon the merits shall be tried for the same offense. All persons shall, before con- viction, be bailable by sufficient sureties, except for murder and treason when the proof is evident or the presumption great.
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