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MICROCOPY RESOLUTION TEST CHART \NSI and ISO TEST CHART No. 2) 1.0 I.I 1.25 ■ 4.5 I so 1^ 2.8 IIM 14.0 1.4 12.5 2.2 2.0 L8 1.6 ^ APPLIED IIVMGE Inc ^^ 1653 East Main Street r.= Rochester, New York H609 USA ^= (716) 482 - 0300 - Phone = (716) 288 - 5989 - Fax as- THIS PulMFjUx.* FO/l PUBLIC BENEFIT. 4- «rs HALL'S ^ patent; A CANADA PATENTEE. Portable s/rai.tT.^ ^^'S''" ""^ "^ff^^J^ now of Toronto, did invent a f;r?^^¥^-t-^^^^-r?^^^^^ '''''^ obtained a Patent Right of Property irUBFSid Invention, witE the following promises from my Government :-l "Wk, the Government, do, by these Presents, for us our heirs and successors require and strictly command all and every persC or persons bocUes pol.t.c and corporate, and all our subjects withinWr said P^rovS tinurA'f h'' "• w"' '^ir '^^y '^ ^'^«"^' '' ^^y time during tie ion or "XLm f ""'^ ^'"^ ^^ ^''"•"*'"? y'^""^ ^''"'''^^y g'-^^ted, either directly m4 of ?/ ^; ^° ""^^^ ^««' ^' P"t ^^ Pra'^tice the said Invention, or any pa.t of It; nor make, or cause to be made, any addition thereto or ^unsTnACTioN therefrom, without written LiceW LmTeTid SX o?offeSr?S^ pcnalnes as can or may be justly inflicted on such offeS or offenders, tor their contempt of this Ouk Royal Command: and further dama'geT'''''^'' '' '^' ''^^ ^'''''''''^ ^'' ^'''' '^^ succmo^/'^^^^^ *!, TJ"! ^?^®°^ i*^^ ^^^""^ *^ ^'^ *" *^a^ a Patentee could ask for and vet pLJrfunL'f'? T? ^^'^"^ ^"^ ^^^^ ^^^^' 5 one reason is, that'all other ^ropaty can be locked up or watched; but Patent Property is in the possession of every man that sees it, or the plan of it. It Is impossible to prJnerTaoV? '-l.^'-'^n? ''''''' ^''''' '' "^^^ ^« ^^^' and u3 In its proper place, I will give the name of a man on whose farm I saw an infringe- ment of my Patent. I asked his permission to let me bringl mal S fee It and he would not, but threatened us with prosecution, so that I could not get witness to prove it. 4.0 ^"^ Patent Law has a defect, or else it is misunderstood, and the Patent tee suffers great loss by it. ' ^aious What a Patentee wants is the same privileges as men have for the recovery and damages to other kinds of Prc^^jer^jZ-a^ privilege to identify by oath before a Justice of the Peace, that the article is ma%e in part o7whole on his Pat«nt Plan of Invention, without Licence from him : then, if the intrmger, or supposed infringer, cannot give proof before tlie Justice of Peace, thai he ha^ a Lawful Right to make and use the said Invention, by showing that he had it before the date of said Patent, or show that it was in public use, or described m some pubUc print. If he cannot proye liis ^m^ claim to It, and is not willing to satisfy the claim of the Patentee, he have the pnvilege to bring his case before the High Courts, by giving security for the damages done and that may be done, by his continuing to make and use the said article babre the time of trial: this would br a Lrfeat benefit to the Patentee. ° In 1850, 1 set my Fence at the Market in Toronto, that all miffht see it, and took my stand by it, and there it is standing for five ymra without any man being able to make one Improvement on it. To bring out competition, I offered |20, then 125, then a Township Right to any man who would make as good on any other plan— "Cost, Convbnienck and Durability the Test." i I hereby certify, that Samuel Hall, of Toronto, was awarded First Prize for a FARM FENCE, at the last Proviucial Exhibition, in Hamilton, in 1864. , ' HUGH C. THOMSON, Secretary Board Agriculture of Upper Canadn. At the Union Exhibition, held in the City of Toronto, in the Autumn ««|:f3.-^''- Samuel Hall was awarded a Diploma for his Patent "PORTABLE FARM FENCE"-that being the highest Prize within the Committee to give. W. EDWARDS, Secretary. 1 *t, ^'' ^t^^^^ ^KLL, of Toronto, is exhibiting in the Market, opposite the City Scale, a Patent Fence. It is very simple in construction ; alleged to be the cheapest ever made, and is highly approved by the farmers who have examined it. — Thronto Globe. (This was in 1860.) The farmers were well pleased with the Pence, and with the price. I charged tor Farm Rights $2 for 100 acres— $3 for 200 acres. If the farmer was poor, I gave it free. The farmers advised me not to sell County Rights to speculators ; they were afraid that speculators would take advantao-e of It; for a Patent Right is like nothing else— there is only one to get it of • if It 18 useful he may ask what he pleases for it. I promised the farmers that I would not sell to speculators ; the farmers and I did not see 8,-jy neces- sity to let a third party have a profit out of it. m,'^\^®^^'t"^^ ^^^ practical farmers were buying Rights, as my book Will show. It was then believed that in a short time every farmer in Canada would have it. I believed it from the time I invented it. I said in my first jc, he have ig security g to make reat benefit ght see it, 8 without Townsliip clecl First Hamilton, Canad'*. ! Autumn is Patent i?ithin the cretary. opposite ; alleged aers who price. I de farmer ty Rights antage of get it of; } farmers ny neces- tny book 1 Canada I my first I i i .3 any min."'''''' '^'- '^ "' "'''''" ^''"'^^ ^« *" hnprovomeut made on it by Seeing I !.ad secured the exclusivb ni(;nT ok propektt in an Tnvi>n ion that every fuvmer in C.nada would have, as soon as I could ?how iw nT'jr''- ^ r'^^'^^'^'^. '"^ ^•*^'"' ^^^^ ''' "P the ManufuSe o f my ience and Borihg Machmes, in a shop, 437 Yonge Street, Toronto Wh^J my prospects were bri^dit I concluded to give all the profits of my Fence to ibe poor. Sometime Fn .Tune, 1859, I weSt to see the Toronto Ilosnital I ^ote my name in a book, and was shown through the diflTrent apartments The Steward informed me that there was plenty of room but nSinZ«tn accommodate all that were seeking to come in. I e a^ked 1?! c^uW do anything. I told him he was mistaken in me, for I was ne thei^woalthv nor influential. He requested me to speak to the CoSl I fSt dee»W that the sick would have to be turned'^away from such accommodaSs I made up my nund to do so.aething for the sick; at th^t J^e i was "^^^ Toronto o get a Patent for my Fencel' From that t me I was pSnninThow to make the most of it, and give all to the poor, without favor to ry|ai?7 PATENT. This Form of Agency s»^as printed in 1860, when my prosnects were bnght. I did not then know the power of sLander. MHlan wal to shJwsT- ^' ^^ '^^^y Township, who would do as the foUowbg^rS than a hundred acres ; two dollars for one hundred acres ;om dollar added for every hundred over one he is to retail and have ten per cent, for his pay, one half of all that remains of the proceeds of the saSL he is to pay to the aforesaid Samuel Hall, his Agentfor Hei?, at Sy Itme he may demand; the other half he shall pay on demand to any^^an™? naen, that the Township Council may appoint for the purpose of^seS to the poor, and givmg it as he or they may judge best. ^ ^ aforesaid " ' ^^''' ^""^ ^^^ ^""''^^ ^^^ "^^^^ ^* *« *^« conditions (Signed) Toronto, 186... In 1861, William Gooderham, the Agent of Gooderham & Worts of Toronto, came to my shop to buy the Right of my Patent Fence for the United Counties of York and Peel, for the said Company. I told him, and them, by him, that I had promised to the farmers tliat I woulil not sell Counties, Thfl promise spread all over Canada in my advertiHements and hand bills, to stop men who were applying to mu l>y letter, and to assure the faraura that 1 was the only man to apply to for a Farn» Right. I also told in my advirtistjments that I had no Travelling Agent— this was to save the farmers from being deceived. I told the Agent to what purpose I had devoted the protits, and that I wished to carry out my plan. lie •went away. Bometime after, I received the following letter from the said Company : — (a copy.) Sib, Meadow viLLE, 8th, May, 1861. We feel disposed to buy one of your lioring Macliines, if you will come out and see it practically put to work. We have two Saw Mills, and every convenience for manufacturing the Portable Fence to good advantage. We should like to arrange, so that no one else have the right to manufacture and sell the Fence or use thu Boring Machine in the County of Peel. We shall have teams at Port Credit daily, and if we can come to an arrangement, the Machine can be sent through from Toronto. Your 01)edient Servant, W. GOODERHAM, .Tun., A^A li^ J .17 n ^ ^or G. W. & W. Address— Meadowmlle P. O. ^ I did not comply with the request. It would have prevented the farmers from making or getting the Fence made by any other party. The said Company found that I would not sell the farmers into their power— you may see the dodge. If I had given them the exclusive right to Mauufac- ture the Fence and Boring machine, it would be as good to them as the County Right. I saw it would break my promise to the farmers, and I refused to do it. ' Some time after, the said Company bought a Boring Machine of me, and I went out to Meadowville and set iv up, and they paid me $68. I then made them the present of the Right to make my Fence on two Lots of Land Nos. 11 & 12 on third conces. andhalf of No. 7 on fourth conces. of Toronto Township. At the same time, I made two panels in the mill yard, so that there might be no mistake m making it— this was the understanduag— that the farmers might see the Fence, and if they liked it, they could send to mo lor a Right; then the farmers having the Right to make, or have made could buy the Fence at Gooderham & Co.'s, if they wished. Some time after, I gave to James Gooderiiam, of Meadowville, an Agencv to sell Rights to farmers coming to the mills, or to sell the Fence ?eadv made, on conditions that he marked it S. Hall's Patent Fence, 1859. After holding It for eight months, he gave me up the papers and blank forms of RigMs, sayingr-that he sold no Fence or Rights— this was in presence of the Clerk. J i t J In 1801, 1 was told that my Inventions was injurious to mocbanicg, m they aavea almur; an.l soon afr.-r, n^y shop, with the Boring Machine and S'rn.'i; ?; ""^ 'rr T^ *"°'r^ '' ^""^''''- ^ ^^"« "^^ injures, so I lost an. Froir thia time tho farmers dM not come to buy Rights as before and for t^o years I could not find o, t what was hindering them. I wekt Sut to see he farmers, as hey had ,) omise.l to buy llight,s'*of me when they Lot JS"';. ^"""^ °^ •".'" ^""' ' '^'r"y 'l''^^ ^" "^«' "thors abused m^e Ibr trjmg to spunge u living out of honest peoi.jo. Some said that if thev were going to make the F.'nce, they would iot come to me for U. After making several journeys, I got discouraged. I was in very trying circum- JhItM:.'\\r%r'^'^' this caused farmers tl, believe mTdisSon^;,* ^^d that the Invention was not New, and that ;it had been Improved upon bo that a number of them made infringements' on my Patenrand pR So ltr?ri ^' ^ *ir^ °^ '"""^y' ^ ^""'^^ ""' «" t^> 1^^ ^ith them, ^and they being rich men, they were i.olieved to know the Patent Law, and thaH LicZe. "" "^''^ "'^ "^"^ '"''' ^^"'°^'' ^ '"^''^^S m^ Fenc^ wUhout In 1868, a friend lent me $r,0, and I commenced a suit against Charles Small, a rich man, holding a Crown oflice in Osgoode Hal^ amongst the lawyers. I thought that if I got a suit with him it would set le ZXpute of who was the hrst Inventor and lawful Patentee. Boomer & StepC were my lawyers. George Pangman was to be my witness : he was Smairs carpenter ; he made the Fence. When the man went to h a ho^S to sum mons him, his wife said that he was gone to Mr. Small's to wor? Wh^ the man got there, he was showed his tools, and the work thaUie had been doing; but ho could not be found. The next time the man went to hk louse, he gates were nailed, so as to prevent getting to the hou^ he could not be found. So we got the suit laid over to the^next term To make sure, we had hini summoned six weeks before court ; but abou two weeks before the erm Small died, and I had no one to appear aJaiiTst The meTo rA^ ''"' ^? '^' ""i^l ''^'''''''^ "" ''' ^"^^ th?e^e daysTo ate fo? me to g ve them notice : and because I c(;uld not go on with the suit thev tuS. So \T/''' ri'T "" '■''^' "^'^^^^'y ^' for^hefr cos?, p epa^ fo^r suit. So they got off that time and I was in for costs, lam holding on to my claim, and they are still using the Pence The Executon, Arl S son John Small, he holds a Governmen^t office in Osgoode Hal?" m7s Rhjy and Edward Goldsmith, who is a Manager in the Branch Bank of Unne; d^t^ f^'r^eing^rSr^ ""''' ^^^^ ^ ^^^^^^ ^^^ ^- ^^^^ ^'l^ ?et"e1KTl n^e^^l^'^ me that he had lumbfr^LVed to'mai:"^ wl +fi 1 ^f .1^^* P^^^ ^^^ *^^t ^e must first get a Risrht of me He told me that he understood that it was at Meadowville. iXwed h?m my papers; but he did not seem to believe me and tlmf 1a t n?o T \ MeadowviUe to see what was done I th\7e foU°fntfnn '«^^^^ a iZl intmTamt'' ''^""' '"' "'"* '^'^ ''''''''^' *''« ««^« °^ -^ It was the Company of Ooodcrham & Wortg who tried to hnv t>.o Countiea Uight, or to get the exclusive Right of making Tt in I' 7 To wa« In "^^"^'•^o'-se than it could In- under any other circum.taices i was done at the time wlien one of their sons was Am.,,V for .,,» „f It formers to be leve that I was not the lawful Patentee. This cZe f ho ot »plit Rails, to make crooked Fences. This was sufficient tn r./»nfir»f ?i ana by the aid of so many mechanics as thev had to heln fh,.m f ! »\ i ' &oTt'sucf^«?>lr^ ^" '^^^-^ ^onChat wilk^^ri^ co^r t me the reason; they teared it mi^Lt bring them into troul leWwitnlo! Slander makes a man's friends his enemies, so that they kTeDoiVtot'ln; company. Slander has slain its thousands ; men and wlen have with Jl.? under it m the most painful manner of suffering manT have .HMh -I when their friends forsook them and their foes ^nsulte"ftem A sla/der that takes away a man's Property, and leaves him without bi"ad or hml or friends, is the most heartless kind of slander. ' "'^ * l^^f ^^l"^ *° eivc the names of parties wlio obtained the said Voun. at the Manufactory of Gooderham & Worts, at MeadowvU L Tn the Tol^ ship of T ronto, and the names of the witne'sses to what was done and 8a7.f: ?n m^ I ^X lu ^' ^^^"^ *^ set a suit at some time, it woul5 noU.e wisclom in me to tell their names or the names of those who werrjed tTn Z qSZTHV'"'' ""^ '^'^ ^"^ ^-^ ^' '^^ ^i"« an"d"^a!ilSoTof T w!!?f ^i^^ P!°^ *° ^*y "°^' ^« ^hat I said to them, and thev to me in7r^ntement'''^Th^'^" ^ ,?'^' T^ ^«^^ '"'^ «>^ ^««« ^ susta?nerby Sie ininngement. They would not hear anything ; but told me to ao to th« & arAi^nr-IaLrA'-'^'^^'r - ^"-« -dVb i^L^9 -a^ h J ^^\^^^ ^'™ ^°^ ^^e came to sell the said Fence to mv injury ? He said that they did not sell much, and that thev obWed JK fha??or wf^.r' '"-' ^""" ^^Shts. He had'no authority from Se to do that^ nor was there any necessity ; his brother James had the blank forms of Rights m the same office with him, and was my Agent te sell RiahtsZ l^'l'Ty: '? TS'*^^ *^^^^^ "^a^^^^d it " Hall'JpSt M I went back to see If he had obligated the farmers, and the answer from thTfarmers I t I ^Ic of my l>uy the I'cel. To tances, it le at tho re st'llinjjf f Gooder- actory at 's Fence, ompany's luscd tho niHed tho tliat they , wliich I ecause it the said >y Patent housands nlirm tho air trial, to make could be make it I not tell dtnesses. It of his withered ad by it I slander or homo id Fence le Town- nd said ; wisdom to make ictory of Y to me. I by the ) to the id to be !e to my ated the e to do k forms ights or nt back farmers was Ao. I then wont o James Goodcrham, wIjo had boon my Atront fit «o I /W disclaiming Ins Imvins nui.le any Inipn.v.-m.'nt on my Fence I told him that w.nHd not he eno.mh, as I ha.l been hindered f, m se n.r for about two years before I knev.- of it. Tl, .•nrrin^^enumt won li . h ve lone mo so muH, ,lamaK<, if ho had not by wonis .aused the farnie s U, Sril'llr h;" ''"'•*''''"'? f"'"'^'''- ''>-3ing that they made the i'^nce btlore I (bd ; t us saym- an.l .lom^ caused the farmers to helieve that such men knew the law. /-s farn.erH are interested about Fences, the' w 1 S all oyer, and n.y business stepped. 1 tried for six months t-, get som et int^ to set me Uu ;:> bus news- .iii- wlw.n ♦!...„ ♦•- i .1... t 1 , . *^ owunuinig put mo to detmnce and saul they would spen.l ocerus of money bcfor.^ they would give any ; adding, that they had it". I liuve reason to beUeve I'v have a great deal tor I am told that they have a Distillery, for wlS t -y pay one thcmsand dollars a day duty, and six or eight M lis, wi h 8t res in the country. Th.y do l,usiuess with fanners iroinall parts of 1 c 'n try, tor sixty or seventy miles around Toronto-so that I have been ii / be.sieged at!/. I got into debt and had to sell my farm ; InU when l i ad money I had not found out the party ; so I was hoping for be t e tin es tm my money was gone and want i.ressing hard on me I lowered to |r a 10 acres, and went to where i supp^.t the offlr thau'ld Sa J toTaS *5(joo^' " 'l^ ""''%' ^^"^^ «"^ ' Id have annliprl tr, m,r^ take fgiOOO to settle an offence that I InadtSn^^^awye;tT.LarrS '"'^''-''^ *'"'^ offer secured me wouldhavetLSy oXaovem^^^^^^^^^ '^^' I and used in maki-g money amTken^-mf^'t ?^ Patent Property taken Infringement and Sla^X T Wi . ^^^ ^^ two years then; when by partie?to justice 1 1 ad lo.f ^onfi f '"""" 'l^'''''' ^'^^* ^ ^""^^ not brin| not wiUini to hear anvt im, n'«f "J?"^ '^ Paterson, and Mr. Harson was any more,°and Sd for thfirTi i f ' ^'r^""''- ^ ^^^'^^^ ^^'^^ ^^ doing me for a wrirthat uLy e 4d in W n?'' ^ '"'^^ *'^"' "^^^ ^^^« ^^^*^^'g»4 tions, and a.minst ii v intJrni J^ ""'"' -""^^^^I^ ^o 'ny written insTruc- writ of any kind As thev w miT.'^.T?" } "^^^^ *«^*l ^hem to serve a be done, only ?e erfor a LTtl^^^^^ ^ri'" "^' l"^f ^" '^^'^^ "«t»^"^S ^^^ to settle, they were to use the monTf^^ ^^-.'"^ ^^ ^^'"^ P'^^'^ ^«»'d ^^'ne to to,my written directioL, or fTs ^oTlrSn^^^^ '^''''^' ^ ^'"^^"^ *« ruinous for me to commence a suit wUho^r.^ "^ '"'l"''^- ^t would be Gooderham told me Xn .^^"'t ^^^thout money, with men that James them settle wUh m^ Ve answlr h. ? "'^ I'f ^PP''^* *« '^^™ to try to have oceans of money addin' 'Tth^! brought me was, that they would spend William Goode^rirm jfn his wL b% Jt f/ ^'''^^^^f^S^ wasagJinst the Agent and the i rincinal arlr in h! • ?'^'''' ^^""^ ^^^'y«^«' ^^ ^^ ^as led to believe him tfbe t e nan to ^ue b^f ?hf rf' ^"^^^^^d^'"' I was have given a copy of, the leUer was written in T/p "^ * ^'?''' ^^^^^ ^ my witness can prove that thpv , fn J«^ . ^ i^^® Company's name, and the manufactory of Gooderham & Wor. ^"^ -7^'° ^""^i^^ ^^^ ^<^"^e at said Company, and not bvanvnS?^^ ^T "'^^^ ^"^^ ^^^^ ^y the any but the Company ^ ^ ^ ^^^^ individual, nor for the benefit of writ said to bo serve In uw;ai^tYthou^^;tl'' V'^" f°' ^'''^ ^""^ ^"^^ tea da-ections and my into Jstraud' ^itS my t'Xlgo?""*^^^^^^^ '' ""^- Sec^nVp^rizrL^fi^^^^^^^ of ^Itfleet, got the forbid him of exhibit^" t asTwoniH -^T'"?^ ^^ '"^ ^'^^^"t Fence. I that it was no ham to SmkeTt He nu, Tf.T^ '"f" ,^^^" ^^^ ^^ ^^ ^hink many times, he continued to exhibit ?t T f^' ';°^\«»o"?l^ I forbid him asking him if he got tlie First Pr/. tn, 111"°!^ ""'^^^ ^"^ "'^Jec* was, by I offered to any man\X woukl mnl^ ^ ^ ^'^ '^'^''""^^ "^' ^'^ t^e $25 hat he would. Now he uTed ^T, arts of m v ¥S T f ^ *^'?^"^ ' ^'^ ^«"f^«««d Infringement ; he also confuse 1 thnfi^^ ''^'"''l ^^^'^^tio" in making hia received a plan of me W to ma e i "Z."^^ f T-'^ I" Toronto, and had Ju/:ges, and he said that ^e wou W ir^vJnf V ^-'^"^ ^« ^^« of the said that would be takkio- tL law n^onr nl r ""f ^''"^°- ^ ^"^^5 ^^'t I Prize. ° ^^^ ^^"^ ^^ 0"^ own hands-so he got the Second Freeman, v o stood up in tL pUence o? tl ' r^^'V^"^^ ^^^ ^ilUam numberofmeninthesittini-room Tf?l r *'^^ To^nsl^ip Council and a Creek, and said publichf ffi he had madt^;;^ '' '° S' ^^^ ^ "*"' ^^ Stoney mg, and said that all he could do wTtlit IT ^]^,\^\^^^ I was show- went to him and showed him how ^H ' ''''"^'^ ^® ^^own down. I his the same, and thatTt woll nTt SLd 1^^^?' ^ ^^^^ ^^« "^^de me anything, but told me what Freeman stkl S' •^"*' ^^'^^^ °°* ^^« anythmg. -pfceman said, that it was not good for This Lutz has a Saw-Mill • is afiid f o Ko .;^i, t, nee of being rich, and is brother TnW S"' ^^^^man has the appear- name is high in the rrofbssLTof law^^ ^'^ ^''^^"^'°' ^^' "^"^^^^on, wC fiv?S?iTtrCi^fo^^^^^^^^^^ secured it by my Patent Plan I .v'ent io him «L"''i *,^° ^"^^^ ^^o, a nd Infringement on my Patent. His ^n conSeJtW V^"" *^t it was an H^ad. . my damage, and to causSi^^ Z ^Z^^l t^^Z'^St mihnged on my Patent, through TantTtt'fS. noTSd.""^ ^"^ f^^^^^'^^o^^&^t'S^^ tr^r.^ F-e on my have not given the names of those who h^vn Im i"""^?? ^"" ^ "^ociel. I were willing to settle with meri only clm^od f^ ""^''^ '"^ ' ^^^" ^^^7 made others bold, and refuse to nnv oil.ii".^''^ ^^^"^ ^^^'m Rights; thi 10 DAMAGES. abSut the same in Canada East-5 G in alf Tn '^'', •" ^'^^''"^ ^"""^•'^' «"^ farms of 100 acres each " Tov/nsh.ps average about 600 At $2 for a farm, a Township would be $12 000 144 Townships is only half of Canada West. $164*000 part of the damages out of the SI64 000 i,*-nn '' ' /" ''""■ ' "'""" '°' "y L my losse,, b/selli" my fL„ ^Tto t^^^^^^ ftom the ..M'pJrty «/4,Oo'ofS' tS^u'LTo 're'cett'/H5'io.'2eha7of Proo/ 0/ i I ©;§ CO & a .B"" Mi-H "^ rt QJ t^ e3 ;~^^ C3 ^ Q S a es o ^ f) CO «.-< t-i a) C O 03 « g s n «^ 4) o «^ C rt ^ -.- O *^ -£3 tens -" -♦^03 O ^'^ .^ tXl OS ■« £ O m [7 t-. c S 0) -^ <« o mJ i " 2 »- N ^* "^ oa (U 0)