Police Regulation Act 1852 No 33a (NSW)
No. XXXIII.
| An Act for tlie regulation of tlie Police Force. | roLiL'i: | R egulation. |
| [21s ̂ December, 1852.] | ~ ~ |
T ^T IIE R E A S it is deemed expedient to repeal the Act of Council
passed in the fourteenth year of Her present Majesty’s reion numbered thirty-eight and to provide for a Police Eorce as hereinafter mentioned Be it therefore enacted hy His Excellency the Governor of New Soutli 'Wales with the advice and consent of tlie Legislative Council thereof as follows :—
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1. The said Act of the fourteenth year of Her said Majesty’s Repeal of i4 vio.
reign shall he and the same is hereby repealed but all acts matters and things made done or commenced to be done under that Act shall be and he continued as if the said Act remained in force excepting in so far as the same shall he inconsistent with the provisions hereof and all appointments of Chief and other Constables made under the said Act shall remain valid and he deemed to have been renewed under this Act.
2. I t shall be lawful for the Governor by warrant under his in̂ ipcctm- Oenorai of
hand to appoint one fit and jiroper person to he Inspector General of the Police Department who shall be charged and invested Avith the general superintendence of the Police Eorce within the Metropolitan District of the Colony.
3. I t shall be laAvful for the Governor in like manner to appoint superintendont for
one Superintendent of Police for the Metropolitan District and one or
more Superintendents of Mounted Patrol for Roads and Gold Escorts Jyidents of̂ Afoimteci
| who shall be subject to the general control of the Inspector General, | appointed! ° |
4. I t shall he laAvful for the Inspector General to appoint all chief amt other Chief and other Constables for the Metropolitan District and the Con- Constables to he stables for the Mounted Patrols Gold Escorts and Gold Police and for
the several Benches of !Magistrates in all other districts to appoint Chief and other Constables for such districts respectively and such Chief and other Constables shall unless and until their appointments
respectively
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respectively shall be disallowed or annulled by the Governor have all such powers authorities privileges and advantages and be liable to all such duties and responsibilities as any Constable duly appointed now has or hereafter may have either hy the Common Law or by virtue of any Statute or Act now or hereafter to be in force in the Colony.
| Additional Consta | 5. | I t shall be lawful for the Inspector General if he shall think |
| bles may be |
| appointed at tlie | lit on tlie application of any person or persons shewing the necessity |
| cost of the indi | thereof to appoint and swear any additional number of Constables to |
| viduals applying. | keep the peace at any place within the City of Sydney and Metropolitan District at the charge of the person or persons hy whom the appli- (•ation shall be made hut subject to the orders of the said Metropolitan Superintendent and every such Constable shall have all the powers privileges and duties of other Constables belonging to the Police Porce Provided always that the amount of pay to he received hy any such Constable shall be the same as any other Constable appointed under this Act and the amount of such pay shall he paid into the hands of the Metropolitan Superintendent quarterly in advance and no person appointed a Constable under this section shall be entitled to any gratuity reward or superannuation allowance under the provisions of this Act and it shall be lawful for the person or persons on whose application such appointment shall have been made upon giving three calendar months’ notice in writing to the Metropolitan Superintendent to require that the Constables so appointed he discontinued and there upon the Superintendent shall discontinue such additional Constables. |
| Inspector General | 6. | I t shall he lawful for such Inspector General with the appro |
| v e G o v ern o r 'to '''hation of the | Governor | to frame rules orders and regulations for the |
| frame rules and to | general govcmment of the members of the Police Force Avithin the |
| same.'"̂ | Metropolitan District as well ivith respect to the places of their residence their classification rank and particular services their distribution and inspection as to the description of the arms accoutrements and other necessaries to he furnished to them and Avhich of them shall be supplied with horses and all such other rules orders and regulations relative to the said Police Force as may be necessary for the purpose of preventing neglect or abuse and for rendering the said Force efficient for the discharge of the several duties thereof. |
| Qualifications of | 7. No person shall be appointed to be a Chief or other Constable |
| Chief and other |
Constables to beunless he shall he of a sound constitution able-bodied and under the
appointed under this age ol fortv vcars of li good character for honesty fidelity and activity and unless circumstances shall render it necessary to dispense witli this qualification in any case he shall he required to read and write Provided nevertheless that so much of this enactment as relates to the age of persons to be appointed Chief or other Constables shall not he deemed or taken to apply to any person who at the time of the passing hereof Avas employed in the Constabulary Force of the said Colony.
| Oath to be taken by | 8 . Neither the Inspector General nor the Superintendent of |
| f̂bie's* *"'* | Police for the Metropolitan District nor any Superintendent or other Officer of Mounted Patrol for Roads and Gold Escorts nor any Chief or other Constable shall be capable of holding office or of acting in any Avay therein until he shall take and subscribe or unless he shall have taken and subscribed under the recited Act the folloAving oath (that is to say)— |
| . | “ I A. B. do SAvear that I Avill Avell and truly serve our “ Sovereign Lady the Queen in the office of Inspector “ General of the Police Department Superintendent of “ Police for the Metropolitan District Superintendent of “ Mounted Patrol for Roads and Gold Escorts Chief or “ other Constable (as the case may be) without favour or “ affection malice or ill-will that I will see and cause Her “ Majesty’s peace to he kept and preserved and that I |
will
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| . | “ will prevent to tin; best of iny ])ower all offences against |
“ the same and that while I shall continm^ to hold tlu'
“ said office T will to the best of my skill and knowledge
“ discharge all the dutit's thereof in the execntion of
“ warrants and othc'rwise faithfully according to law and
“ tliat I do noi. now belong to and that I will not while 1
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| “ })olitical society whatsoevcn* or to any secret society “ whatsoever nnh'ss to tin* Society ol‘ Prc'emasoiis So “ hel]) me God ” |
| And the said oath shall be administered either at General or Petfy | ' |
| Sessions or otherwise by any Justice of tlu' l^eace and shall in all cases be subscribed by the pei-son taking tlu' sam(> and th(' oath so taken hy the Inspector General shall be forthwith transmitted to tlu> Colonial Secretary by the Justice' or Justiea's Ix'fore' whom the same Avas taken and tin; oaths so taken and subscribe'd by all other |)crsons appointed under this Act shall Ih; forwarded by the Justice or Justices 1)('for(> Avhom tin; same were tak('u to the said Ins])ector General. | |
| 1). If any Chief or other Constahh' holding office under this i\.„aUy on Consu- Act shall neglect or refuse to obey and execute any warrant directed |
| to be by him executed or shall Ik; guilty of any neglet't or violation of | ' |
duty in his office; every such Chief or other Constable shall forfeit and pay any such penalty not (;xcc(;ding five ])ounds as any two or more' Justices of the Peae;e after examinatieen upmt oath e>f one' e>r men-e' credible; witness eer witnesses or upon e'onfession e)f the party shall thitik ])roper in a summary manne'r te> impose or infli(;t and tin' amount of such pe'iialty shall be; de'ducted trom and end of any salary ae*e;i'uing tine to such offeneh'r unde'r this Act upon a ce'rtificatc thereof to he by the Justice;s be'fore' whenn he; may have' been convicteel traiismitteel to the' Colonial Tre'asuia'i' or edhe'r ])e'rson by Avhom the' payment e)f such salary shall be made Provided ahvays that it shall ea.vemoi'may miu
| in any such case it shall be' lawful for the; Justice's asse;mbleel in Pe;tty | be; lawful for the Governor to mitigate or remit any such penalty and s»tronemitpenaity. shall be attached to dismiss such Chief or e)thei‘ Constable from his | |
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| against the decision of such Justices and thereupon the said Governetr may if he shall see lit confirm the; elecision of such Jnstice;s etr e)rde;r :t further inquiry to be made into the matter e;om])lained of before the Inspector General Metropolitan Superintendent or any Justice to be' nominated by" the Governor fetr the; purpose; anel e)n obtaining a report of the result of such inquiry the; said Governor shall finally de;ciele whe'ther such Chie'f or othe;r Constable; shall be eiismissed or restoi-ed to his office. |
10. When any Chief or eetlu'r Constable; sliall be' dismissed frenn All ])owers mid
e>r shall cease to hold and exercise; his office all ])OAvers and authorities ^ cease" vested in him as a Constalele shall immediatelv cease; and elete'rmineto uinm di.smissai rrom all intents and purjeoses whatsoeve'r and if any Chief or otlu'r Con-°
stable shall not within oneweiek after he shall have; been eiismissed from or shall haw; e‘e;ase;el to heeld Ins office delive'r ove'r all anel e;A"e'r.v the* arms ammunition and ae;coutrements heerse saddle bridle clotliing anel othe'r appointments whatsoever which may have Ijeen supplieel to him leer the; e'xecution e>f such offieee te> such person as maybe appointed b\" the Inspector Ge'neral in the' Me;tropolitau I)istrie;t anel by the se'veral Benches of Magistrates in all other districts to receive them every such Chief eer eether Constable' shall upem e'onviction of sue'h eeffence in a summary manner liefore' any twee or more Justices e>f the Peace- be- imprisoned and kept to hard labor for any such period not exceeding
three
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three calendar months as such Justices may direct audit shall he law
| ' | fill for such JListices and they are hereby authorized and required to issue their warrant to search for and seize to the use of Her Majesty all and every the arms ammunition accoutrements horses saddles bridles clothing and other appointments whatsoever which shall not he so delivered over wherever the same shall be found. |
| Three moiitiis’ notice | 11. No Chief 01’ othci’ Constahlc holding office under this Act from the duties thereof unless expressly authorized in writing so to do hy the Inspector General or Benches of Magistrates respectively under whom he may be placed or unless he shall have given to such Inspector General or to such Benches respectively three months’ notice of his intention so to resign or withdraw and if any Chief or other ConstalJe shall so resign withdraw or absent himself without such previous permission or before the expiration of such notice he shall for sucli offence forfeit and pay a penalty not exceeding ten pounds upon conviction in a summary way before any two Justices of the Peace and it shall be lawful for such Justices in case such penalty shall not be paid to commit such person to gaol there to he kept to hard labor for any period not exceeding three calendar months and every such Chief or other Constahle so resigning withdrawing or absenting himself as aforesaid without such permission or b(ifore the expiration of such notice shall also be liable to serve as a Constahle for a period corresponding with the time during which he shall so have unlawfully withdrawn or absented himself and any Chief or other Constable who shall resign his office or shall he convicted of unlaw fully withdrawing or absenting himself from the duties thereof shall forfeit all claim to any allowance remuneration or superannuation to which he might otherwise have been entitled on retirement under the provisions of this Act. |
| ol resigimtion to he | p g | liberty to I’csigu his office or to withdraw or absent himself |
| given by Constables | ||
| under a penalty. | ||
| tolls. |
| Exemption from | 12. The Inspector General and the Superintendent of Police for the Metropolitan District and all Chief and other Constables being on actual duty and in proper dress or undress as such and all prisoners under their charge and all carriages and horses exclusively employed in carrying or conveying such persons or their prisoners or baggage or returning therefrom and not otherwise engaged or employed shall be exempt from payment of any tolls or dues otherwise demandable in passing any toll-gate turnpike road bridge or ferry and every toll collector who shall demand or receive any duty or toll contrary to this Act shall forfeit and pay any sum not exceeding ten pounds for every such offence to he recovered hy distress and sale of the goods and chattels of the person so offending on conviction before a Justice of the Peace the same to he applied in aid of the Police Reward Fund provided in this Act. |
| Inquiries as to con | |
| duct of Police. | 13. I t shall he lawful for the Inspector General and Metro politan Superintendent or either of them or for any Justice or Justices of the Peace to examine on oath into the truth of any charge or complaint preferred against any member of the Police Porce holding office under this Act of any neglect or violation of duty in his office and also into the matter of any appeal made under the proviso contained in the eighth clause of this Act. |
| inquiries, | |
| Witnesses on siicli | 11. I t shall he lawful for such Inspector General and Metro politan Superintendent respectively or any Justice as aforesaid to issue a summons or summonses requiring all such persons as shall he named tlu'rein to appear before him at a pla:]C and time to be therein appointed to give evidence as to all matters and things known to anj' such person respecting any charge or complaint preferred against any member of the Police Porce holding office under this Act of any neglect or violation of duty in his office or touching the matter of |
any
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any such appeal as aforesaid and all persons duly summoned as afore said who shall not attend at the time and place named in such summons or attending shall refuse to he sworn or being sworn shall refuse to give evidence or to answer all such questions as may he legally demanded of them shall forfeit and incur such penalty not exceeding live pounds as the said Inspector General Metropolitan Superintendent or Justice holding such inquiry shall direct and in default of payment thereof such person so offending shall and may be imprisoned for such period not exceeding one calendar month as such Inspector General Metropolitan Superintendent or Justice holding such inquiry may direct and adjudge and the payment of such fine may be enforced or the person liable thereto imprisoned according to the law in force for the time being regulating summary proceedings before Justices of the Peace.
1 5 . I f any person not being a member of the Police Porce Penalty fm-personat-
| under this Act shall have in his or her possession any arms or | Constables &c. |
| ammunition or any article of clothing accoutrements or appointments supplied to any member of tlie I^orce and shall not be able satis factorily to account for his or her possession thereof or shall put on or assume the dress name designation or description of any member of the Porce or of any class of such members for the purpose of thereby obtaining admission into any house or other place or of doing or procuring to be done any other act which such person or persons so putting on or assuming such dress name designation or description would not by law be entitled to do or procure to be done of his or their own authority every such person so offending shall in addition to any other punishment to which he or she may be liable for such offence forfeit and pay for every such offence any sum not exceeding ten pounds to be recovered by distress and sale of the goods of such offender on summary eouviction before two Justices of the Peace or in default of payment thereof shall be imprisoned and kept to hard labor for any period not exceeding three calendar months such penalty to be applied in aid of the Police Reward Pund provided in this Act. |
1 6 . If any question shall arise as to the right of the Inspector Repute to be evi-
| General or other officer or other member of the Police Porce to | appomt- |
| hold or execute his office or as to his holding such office common reputation shall to all intents and purposes be deemed to be sufficient primd facie evidence thereof and it shall not be tiecessary to have or to produce any written appointment or any oath affidavit or other document or matter whatsoever in proof of such right. |
1 7 . There shall be dedueted from the pay and salary of the Superannuatiou
several members of the Police Porce under this Act the sum of two pounds per centum per annum and so rateably from any pay or salary of whatever amount winch sums so deducted shall be invested in sucli manner as may be directed by Ilis Excellency the Governor with the advice and consent of the Executive Council and the interest and dividends thereof if any or so much of the same as shall not be required for the purposes hereinafter mentioned shall be invested in like manner and accumulate so as to form a fund to b(i called “ The Police Superannuation Pund ” and to be applied as occasion may require for the payment of such superannuation or retiring allowances or gratuities as may be ordered or appointed by the said Governor under the powers hereinafter given to him to be charged on the said fund or payable thereout.
1 8 . Upon the petition of the Inspector General or other Offict'r offioera how super-
of Police Chief or other Constable who shall have been appointed under this Act or the Act hereby repealed (and in case of any Chief or other Constable upon such recommendations and certificates as tin* Governor shall require) it shall be lawful for the Governor to order
| K— V̂OL. 4. | and |
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aud direct that such Inspector General or otlicr Officer of Police Chief or other Constahle shall he superannuated and shall receive such yearly allouunce remuneration superannuation or gratuity and upon such cou- ditions and not exceeding such proportion as to age length of service and other circumstances as h(U‘einafter mentioned and provided for and thereupon such person shall cease to hold such office and every such allowance remuneration superannuation or gratuity shall he charge able upon and paid out of the said “ Police Su])erannuation Pund ” so far as the same shall he adequate to discharge such allowance remu-
| ■ | . | neration superannuation or gratuity together with the several allow ances remunerations superannuations and gratuities previously charged and made payable out of the said fund Provided always that if the said “ Polict} Su])erannuation Pund” should at any time be found inadequate to meet any such payment the deficiency shall he made |
| . . . | .. | good hy a grant from the General Revenue to he proposed and passed in the usual manner. |
| Conditions of super- | 19. The Conditions and proportions of such allowanct; remu- neration or superannuation shall he as follows that is to say where any person applying lor the same shall be under sixty years of age it shall not he lawful ttj grant any such allowance compensation remuntu’a- lion or superannuation unless ;ts hereinafter provided or upon certi ficate from some legally qualified medical practitioner duly appointed in that hehalJ' hy the Governor that such person is incapahh; from infirmity of mind or body to discharge tlu; duties of his office in which case if he shall have served with diligence and fidelity for fifteen years and less than twenty years it shall be lawful to grant to him hy way ol“ superannuation an annual sum not exceeding one-half of the salary of his office if al)Ove twenty years and less than twenty-five years any sum not exceeding two-thirds of such salary if ahoA'C twenty- five yeai's and less than thirty years any such sum not (ixceeding three- fourths of such salary aud if above thirty years any such sum not exceeding the wliole of such salary and if such ])erson shall he above sixty yc'ars of age and he shall have served fifteen years and less than twenty years it shall he lawful although there sliall he no cer tificate of incapacity from infirmity or injury of body or mind to grant him hv wav of superannuation anv annual sum not exceeding one-half of the salary of his office if he shall have served twenty years and less than twenty-five years any sum not exceeding tivo-thirds of such salary if he shall have served twenty-fiv(' years and less than thirty years any sum not exceeding three-fourths of such salary and if he shall have served thirty years or upwards any sum not exceeding |
| annuation. |
Proviso as to persons the wliolc of sucti Salary and if anv member of the Porce shall he dis-
iiieanloH in
| disabled in the exe | <a-vn_ | l 1 | 1 1 | T | • | 1 • | T | T | • | T |
| cution of duty. | allied by any wound or injury received in the actual execution of the duty of his office it shall he lawful to grant to him such yearly allowance or remuneration :is may in the opinion of the Governor he proportioned to the nature of the injury received without reference to the length of his service provided that such allowance or remuneration shall in no case exceed the whole of such salary and that in calculating the period for which any such person has served the time he may have seiwed in the Police of this Colony previously to the passing of this Act sliall be reckoned. |
| Gratuities in certain | 20. | It shall be lawful for the Governor to order that a gratuity |
| other cases. | not exceeding one month’s pay for each year’s service shall he paid to :tny officer or other member of the Police Force ivho shall he duly certified to htt unfit for stn-vicc- and to liaise st'rved Avith diligence and fidelitv for anv number of vears not exceeding ten and a further gratuity of tA\o mouths’ pay for each year he shall have served exceeding ten years and not exceeding fifteen years. | |
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Police Pegulation.
21. If any person to wliom any allowance compensation Officers superannu- reniuiioration or superannuation shall have been granted under the keopinR tL peace provisions of this Act shall refuse when called upon hy any Magis- &c.
tratc or other ofllcer of the peace to assist in the su])pression of any riot or breach of the peace or in the apprehension of any offender or shall he convicted of any felony misdemeanor or other disgra(!eful conduct or shall have committed any fraud with i-espect to the claiming obtaining or receiving such allowance compensation rc;- mumn’ation oi‘ superannuation or shall conceal his enjoyment of tin' same for the purpose of evading the provisions of this Act or shaU assunn; a false name or make a false statement as to his place of residence for the same or any other fraudulcait purpose or shall fail to conform to the rrdes applying to notification of residence and changes of residence laid down for his guidance such person shall in addition to any otlua’ punishment to which he may be by law lial)le forfeit at the pleasure of tlu! Governor for tln ̂ time bdng tlu ̂ whole or any part of such allowance compensation remuneration or superannuation and if any such person shall Avithout leave previously granted by the Governor dc])art from the Colony lu‘ shall be subject to the like forfeiturt' for and during the period of his absence.
22. All fin(!s imposed on any Chief or other Constable under Approjiriation of
this Act and all penalties or portions of penalties and damages awarded to any member of the Police Porce hy any Justice or Justices of the Pi'ace on any summary conviction as the prosecutor of any information or otherwise shall be paid to the Colonial Treasurer of the said Colony to be by him applied and set apart towards a fund to be called “ The Police Reward Fund ” out of which shall be paid to the Chief and other Constables appointed under this Act or to the widows of any such p(;rsons after their death such rewards gratuities bounties pensions and other allowances as may be directed by any rules or rc'gulations to be for that purpose from time to time established and promulgated by the Governor and Executive Couinal of the said Colony.
23. When any action siiall be; brought against any Ohh'f (jr For protection of
other Constable for any act done in obedience to tint warrant of any Magistrate such Chief or other Constable shall not be responsible for
any irregularity in the issuing of sudi Avarrant or for any want of jurisdiction in the Magistrate issuing the same and such Chief or other Constabh; may plead the general issue and give such warrant in evidence and upon producing such Avarrant and proAung that the signature thereto is the handwriting of the person Avl)ose name shall appear subscribed thereto and that such person is reputed to be and acts as a Magistrate possessing jurisdiction in the case and that the act or acts complained of werĉ done in obediencf; to such Avarrant the jury who shall try tin; said issue shall find a  erdict for such Chief or other Constable and such Chief or other Constable shall recoA’er his costs of suit.
| 24. So much of the folloAving Acts as in any manner relates to the appointment control or suptu’vision of the Constabulary Porce of the | ° ’ |
| said Colony or is otherwise incompatible with the ])roAdsions of this Act shall be repealed that is to say an Act passed in tlie fourth y('ar of the reign of His late Majesty King lYilliam the Pourtb numb(‘red t AVm. iv. No. 7 | |
| seven and an Act passed in the second year of Her present Maji'sty’s -a vic. No. 2 |
| reign numbered two and an Act passed in the eleA'euth year of Her said ^ | 44 |
| Majesty’s reign numbered Ibrty-four and an Act passed in the fourth 4 vic. No. 17 | |
| year of Her Majesty’s reign numbered seventeen and an Act passed in 7 | ,] |
| the seventh year of Her said Majesty’s reign numbered twenty-one. |
| , | 25. aill sums of money now in the hands of the Colonial Trea- Police. Eeward Fund |
| surer for and in respect of the “ Police Reward Pund” created by the Ad. first hereby repealed (fourteen Victoria number thirty-eigli 1) annuation Fund | ̂ | * | 1 | 1 ̂ | tr^nsl6rr6d. |
snail (u Vic. No. )
| 2554 | No. 34. | 16« VIC. | 1852. |
Weights and Measures.
shall he transferred to the Police Reward Eund named in this Act and be dealt with and appropriated accordingly and all sums of money at the credit of the “ Police Superannuation Eund” created by the Act first hereby repealed shall he transferred to the Police Superannuation Eund named in this Act and he dealt with and appropriated accord ingly and all penalties incurred under the provisions of the Act first hereby repealed shall and may he recovered and appropriated as directed in this Act.
Detailed account of 26. An accouiit in detail of the appropriation of the said I’olice
pXcTRewardVund I^sward Tund and Police Superannuation Eund or any part thereof
Legislative Council &c. to be laid before during tlic preceding year shall he laid before the Legislative Council
| and when. | T | ... ' Avithin thirty days next after the beginning of the Session after sucli appropriation shall have been made. |
| Construction of |
| words. | 27. In the construction of this Act the words “ Metropolitan District” shall be held to include the Police District of Sydney as described in the Schedule annexed to this Act. |
| Commencement of | |
| Act. | 28. This Act shall come into operation and he in force on the first of January in the year of our Lord one thousand eight hundred and fifty-three. |
SCHEDULE REEEERED TO.
METROPOLITAN DISTRICT.
Bounded on the north and north-west by Broken Bay and Cowan Creek on the west by lines bearino; south-westerly and south dividing Hyndes’ Grant to Lane Cove River thence by the east side of that River and Cove to the Parramatta River crossing that River thence by the south side of that River upwards to the west boundary of the Parish of Concord thence by the western boundaries of that Parish and the Parish of St. George on the south by George’s River and the south shore of Botany Bay to Cape Solander and thence by the waters of tlie ocean to the entrance of Broken Bay aforesaid and including all the Island.s in Port Jackson and the Parramatta River.
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