Chap. 400.—An ACT to prevent industrial accidents; to provide medical and
surgical care for injured empluyees; to establish rates of compensation
for personal injuries or deaths sustained by employees in the course of
employment; to provide methods for insuring the payment of such com-
pensation; to create an industrial commission for the administration of
this act, and to prescribe the powers and duties of such commission; tc
levy a tax and appropriate funds for the administration of this ae :

[S 5)

Became a law notwithstanding the objections of the Governor, March 21, 1918.

Section 1. Be it enacted by the general assembly of Virginia.
that this act shall be known as “The Virginia Workmen’s Com-
pensation Act.”

Sec. 2. In this act unless the context otherwise requires: _

(a) “Employers” shall include the State and any municipal
corporation within the State or any political division thereof, and
any individual, firm, association or corporation, or the receiver or
trustee of the same, or the legal representative of a deceased
employer, using the service of another for pay. If the employer is
insured it shall include his insurer so far as applicable.

(b) ‘Employee” shall include every person, including a minor,
in the service of another under any contract of hire or apprentice-
ship, written or implied, except one whose employment is not in the
usual course of the trade, business occupation or profession of the
employer. Any reference to an employee who has been injured
shall, when the employee is dead, include also his legal representa-
tives, dependents and other persons to whom compensation may be
payable.

(c) “Average weekly wages” shall mean the earnings of the
injured employee in the employment in which he was working at
the time of the injury during the period of fifty-two weeks imme-
diately preceding the date of the injury, divided by fifty-two; but
if the injured employee lost more than seven consecutive calendar
days during such period, although not in the same week, then the
earnings for the remainder of such fifty-two weeks shall be divided
by the number of weeks remaining after the time so lost has been
deducted. Where the employment prior to the injury extended over
a period of less than fifty-two weeks, the method of dividing the
earnings during that period by the number of weeks and parts
thereof during which the employee earned wages shall be followed;
provided, results fair and just to both parties will be thereby
obtained. Where by reason of a shortness of time during which
the employee has been in the employment of his employer or the
casual nature or terms of his employment, it is impracticable to
compute the average weekly wages as above defined, regard shal]
be had to the average weekly amount which during the fifty-two
weeks previous to the injury was being earned by a person of the
same grade and character employed in the same class of employ-
ment in the same locality, or community.
But where for exceptional reasons the foregoing would be unfair
either to the employer or employee, such other method of computing
average weekly wages may be resorted to as will most nearly approx-
imate the amount which the injured employee would be earning
were it not for the injury.

Wherever allowances of any character made to an employee in
lieu of wages are specified part of the wage-contract, they shall be
deemed a part of his earnings.

(d) “Injury” and “personal injury” shall mean only injury by
accident arising out of and in the course of the employment and
shall not include a disease in any form, except where it results natu-
rally and unavoidably from the accident.

(e) In all claims for compensation for hernia resulting from
injury by accident arising out of and in the course of the employee's
employment, it must be definitely proven to the satisfaction of the
“industrial commission.”

First: That there was an injury resulting in hernia;
Second: That the hernia appeared suddenly;
Third: That it was accompanied by pain;
Fourth: That the hernia immediately followed an accident;
Fifth: That the hernia did not exist prior to the accident for
which compensation is claimed.

All hernia, inguinal, femeral or otherwise, so proven to be the
result of an injury by accident arising out of and in course of the
employment, shall be treated in a surgical manner by radical opera-
tion. If death results from such operation, the death shall be con-
sidered as a result of the injury, and compensation paid in accord-
ance with the provisions of section thirty-nine. In non-fatal cases,
time loss only shall be paid, unless it is shown by special examina-
tion, as provided in section twenty-eight, that the injured employee
has a permanent partial disability resulting after the operation. If
so, compensation shall be paid in accordance with the provisions of
section thirty-one with reference to partial disability.

In case the injured employee refuses to undergo the radical oper-
ation for the cure of said hernia, no compensation will be allowed
during the time such refusal continues. If, however, it is shown
that the employee has some chronic disease, or is otherwise in such
physical condition that the commission considers it unsafe for the
employee to undergo said operation, the employee shall be paid as
provided in section thirty-one.

Sec. 3. The provisions of this act shall not affect pending liti-
gation.

Sec. 4. From and after the taking effect of this act, every
employer and employee, except as herein stated, shall be presumed
to have accepted the provisions of this act respectively to pay and
accept compensation for personal injury or death by accident aris-
ing out of and in the course of the employment, and shall be bound
thereby, unless he shall have given prior to any accident resulting
in injury or death notice to the contrary in the manner herein pro-
vided.

Sec. 5. Either an employer or an employee, who has exempted
himself, by proper notice, from the operation of this act, may at
any time waive such exemption and thereby accept the provisions of
this act by giving notice as herein provided.

The notice of waiver and the notice of acceptance heretofore
referred to shall be given thirty days prior to any accident result-
ing in injury or death, provided that if any such accident occurred
less than thirty days after the date of employment, notice of such
exemption or acceptance given at the time of employment shall be
sufficient notice thereof. The notice shall be in writing or print in
substantially the form prescribed by the industrial commission, and
shall be given by the employer by posting the same in a conspicu-
ous place in the shop, plant, office, room or place where the employee
is employed, or by serving it personally upon him; and shall be
given by the employee by sending the same in registered letter
addressed to the employer at his last known residence or place of
business, or by giving it personally to the employer or any of his
agents upon whom a summons in civil action may be served under
the laws of the State.

A copy of the notice in prescribed form shall also be filed with
the industrial commission.

. Sec. 6. Every contract of service between any employer and
employee covered by this act, written or implied, now in operation
or made or implied prior to the taking effect of this act, shall, after
the act has taken effect, be presumed to continue, subject to the pro-
visions of this act; and every such contract made subsequent to the
taking effect of this act shall be presumed to have been made sub-
ject to the provisions of this act; unless either party shall give
notice, as provided in section five, to the other party to such con-
tract, that the provisions of this act other than sections sixteen, sev-
enteen, eighteen and sixty-seven are not intended to apply.

A like presumption shall exist equally in the case of all minors,
unless notice of the same character be given by or to the parent or
guardian of the minor.

Sec. 7. No contract or agreement, written or implied, no rule,
regulation or other device, shall in any manner operate to relieve
any employer in whole or in part of any obligation created by this
act, except as herein otherwise expressly provided.

Sec. 8. Neither the State, nor any municipal corporation within
the State, nor any political sub-division thereof, nor any employee
of the State or of any such corporation or sub-division shall have
the right to reject the provisions of this act relative to payment and
acceptance of compensation; and the provisions of sections five, six,
sixteen, seventeen and eighteen shall not apply to them.

Sec. 9. This act shall not apply to any common carrier by rail-
road engaging in commerce between any of the several States or
territories, or between the District of Columbia and any of the
States or territories and any foreign nation or nations, nor to any
person suffering injury or death while he is employed by such car-
rier in such commerce, nor shall this act be construed to lessen the
liability of such common carrier or to diminish or take away in any
respect any right that any person so employed or the personal rep-
resentative or kindred or relation or dependent of such person may
have under the act of congress relating to the liability of common
carriers by railroad to their employees in certain cases, approved
April twenty-two, nineteen hundred and eight, or under the act of
the general assembly of Virginia relating to liability of common
carriers whose motive power is steam and engaged in intra-state
commerce for injury to or death of their employees and providing
for pleading thereof, approved March twenty-one, nineteen hundred
and sixteen, or under the act of the general assembly of Virginia
to amend and re-enact an act entitled an act imposing upon rail-
road corporations hability for injury to their employees in certain
cases, approved March fourteen, nineteen hundred and twelve.

Sec. 10. The provisions of this act shall not apply to injuries
or death, nor to accidents which occurred prior to the taking effect
of this. act.

Sec. 11. Every employer who accepts the compensation pro-
visions of this act shall insure the payment of compensation to his
employees in the manner hereinafter provided, and while such insur-
ance remains in force he or those conducting his business shall only
be liable to any employee for personal injury or death by accident
to the extent and in the manner herein specified.

Sec. 12. The rights and remedies herein granted to an employee
where he and his employer have accepted the provisions of this act
respectively to pay and accept compensation on account of personal
injury or death by accident shall exclude all other rights and rem-
edies of such employee, his personal representative, parents, depend-
ents or next of kin, at common law or otherwise on account of such
injury, loss of service or death. |

Sec. 13. Nothing in this act shall be construed to relieve any
employer or employee from penalty for failure or neglect to per-
form any statutory duty.

Sec. 14. No compensation shall be allowed for an injury or death
lue to the employee’s wilful misconduct, including intentional self-

nflicted injury, or growing out of his attempt to injure another, or
lue to intoxication or wilful failure or refusal to use a safety appli-
ance or perform a duty required by statute, or the wilful breach of
any rule or regulation adopted by the employer and approved by
the industrial commission, and brought prior to the accident to the
knowledge of the employee. The burden of proof shall be upon
him who claims an exemption or forfeiture under this section.
Sec. 15. This act shall not apply to common carriers whose
motive power is steam and engaged in intra-state trade or com-
merce, nor shall this act be construed to lessen the liability of such
common carriers or to take away or diminish any right that any
employee, or in case of his death, the personal representative of
such employee, of such common carrier may have, under the act
of the general assembly of Virginia, relating to liability of com-
mon carriers whose motive power is steam and engaged in intra-
state commerce for injury to or death of their employees, and pro-
viding for pleading thereof, approved March twenty-one, nineteen
hundred and sixteen, or under the act of the general assembly of
Virginia, to amend and re-enact an act entitled an act imposing
upon railroad corporations liability for injury to their employees
in certain cases, approved March fourteen, nineteen hundred and
twelve, nor to casual employees, farm laborers and domestic ser-
vants nor to employees of such persons, nor to any persons, firm or

rivate corporation, including any public service corporation, that
has regularly in service less than eleven operatives in the same busi-
ness within this State; unless such employees and their employers
voluntarily elect in the manner hereinafter specified to be bound by
is act.

Sec. 16. An employer who elects not to operate under this act,
shall not in any suit at law instituted by an employee subject to this
act to recover damages for personal injury or death by accident, be
permitted to defend any such suit at law upon any or all of the fol-
lowing grounds:

( That the employee was negligent.

b) That the injury was caused by the negligence of a fellow
employee.

(c) That the employee had assumed the risk of the injury. _

sec. 17. An employee who elects not to operate under this act
shall, in any action to recover damages for personal injury or death
brought against an employer accepting the compensation provisions
of this act, proceed at common law, and the employer may avail
himself of the defenses of contributory negligence, negligence of a
fellow servant and assumption of risk, as such defenses exist at
common law.

Sec. 18. When both the employer and employee elect not to
operate under this act, the liability of the employer shall be the
same as though he alone rejected the terms of this act, and in any
suit brought against him by such employee the employer shall not
be permitted to avail himself of any of the common law defenses
cited in section seventeen. :

Sec. 19. Nothing herein contained shall be construed so as to
prevent settlements made by and between the employee and em-
ployer, but rather to encourage them, so long as the amount of com-
pensation and the time and manner of payment are in accordance
with the provisions of this act. A copy of such settlement agree-
ment shall be nied, by employer, with the commission.

Sec. 20. (a) here any person (in this section referred to as
principal contractor) undertakes to execute any work, which is a
part of his trade, business or occupation or which he has contracted
to perform, and contracts with any other person (in this section
referred to as sub-contractor) for the execution by or under the
sub-contractor of the whole or any part of the work undertaken by
such principal contractor, the principal contractor shall be liable
to pay to any workman employed in the work any compensation
under this act which he would have been liable to pay if that work-
man had been immediately employed by him; and where compen-
sation is claimed from or proceedings are taken against the princi-
pal contractor, then, in the application of this act, reference to the
principal contractor shall be substituted for reference to the sub-
contractor, except that the amount of compensation shall be cal-
culated with reference to the earnings of the workman under the
sub-contractor by whom he is immediately employed.

(b) Where the principal contractor 1s liable to pay compensa-
tion under this section, he shall be entitled to indemnity from any
person who would have been liable to pay compensation to the work-
man independently of this section or from an intermediate contrac-
tor, and shall have a cause of action therefor.

(c) Nothing in this section shall be construed as preventing
a workman from recovering compensation under this act from a sub-
contractor instead of from the principal contractor, but he shall not
collect from both.

(d) A principal contractor when sued by a workman of a sub-
contractor; shall have the right to call in that sub-contractor or any
intermediate contractor or contractors as defendant or co-defendant.

Sec. 21. All rights of compensation granted by this act shall
have the same preference or priority for the whole thereof against
the assets of the employer as is allowed by law for any unpaid wages
for labor. _

Sec. 22. No claim for compensation under this act shall be as-
signable, and all compensation and claims therefor shall be exempt
from all claims of creditors.

Sec. 23. Every injured employee or his representative shall im-
mediately on the occurrence of an accident or as soon thereafter as
practicable, give or cause to be given to the employer a written notice
of the accident, and the employee shall not be entitled to physician’s
fees nor to any compensation which may have accrued under the
terms of this act, prior to the giving of such notice; unless it can
be shown that the employer, his agent or representative, had knowl-
edge of the accident, or that the party required to give such notice
had been prevented from doing so by reason of physical or mental
incapacity or the fraud or deceit of some third person; but no com-

nsation shall be payable unless such written notice is given with-
in thirty days after the occurrence of the accident or death, unless
reasonable excuse is made to the satisfaction of the Industrial Com-
mission for not giving such notice, and the commission is Satisfied
that the employer has not been prejudiced thereby.
Sec. 24. The notice provided in the foregoing section shall state
in ordinary language the name and address of the employee, the
time, place, nature and cause of the accident and of the resulting in-
jury or death, and shall be signed by the employee or by a person
on his behalf, or in the event of his death by any one or more of
his dependents or by a person in their behalf.

No defect or inaccuracy in the notice shall be a bar to compensa-
tion unless the employer shall prove that his interest. was prejudiced
thereby, and then only to such extent as the prejudice.

Said notice shall be given personally to the emplover or any of
his agents upon whom a summons in civil action may be served un-
der the laws of the State, or may be sent by registered letter ad-
dressed to the employer at his last known residence or place of
business,

Sec. 25. The right to compensation under this act. shall be for-
ever barred, unless a claim be filed with the Industrial Commission
within one year after the accident, and, if death results from the
accident, unless a claim therefor be filed with the commission within
one year thereafter.

Sec. 26. For a period not exceeding thirty days after an acci-
dent the employer shall furnish or cause to be furnished free of
charge to the injured employee such necessary medical attention as
the nature of the accident may require, and the employee shall ac-
cept, and during the whole or any part of the remainder of his dis-
ability resulting from the injury, the employer may, at his own
option, continue to furnish or cause to be furnished, free of charge
to the employee, and the employee shall accept, an attending physi-
cian, unless otherwise ordered by the industrial commission, and in
addition such surgical and hospital service and supplies as may
be deemed necessary by said attending physicians or the industrial
commission.

The refusal of the employee to accept such service when pro-
vided by the employer shall bar said employee from further com-
pensation until such refusal ceases, and no compensation shall at
any time be paid for the period of suspension unless in the opinion
of the industrial commission the circumstances justified the refusal,
in whith case the industrial commission may order a change in the
medical or hospital service.

If in an emergency on account of the employer’s failure to
provide the medical care during the first thirty days, as herein
specified, or for other good reasons, a physician other than that pro-
vided by the employer is called to treat the injured employee, dur-
ing the first thirty days, the reasonable cost of such service shall
be paid by the employer if ordered so to do by the industrial com-
mission.

Sec. 27. The pecuniary liability of the employer for medical,
surgical and hospital service herein required when ordered by the
commission shall be limited to such charges as prevail in the same
community for similar treatment of injured persons of a like stand-
ard of living when such treatment is paid for by the injured per-
son, and the employer shall not be liable in damages for malprac-
tice by a physician or surgeon furnished by him pursuant to the
provisions of this section, but the consequences of any such mal-
practice shall be deemed part of the injury resulting from the acci.
dent and shall be compensated for as such.

Sec. 28. After an injury and so long as he claims compensa-
tion, the employee, if so requested by his employer, or ordered by
the industrial commission, shall submit himself to examination, at
reasonable times and places, by a duly qualified physician or surgeon
designated and paid by the employer or the industrial commission.
The employee shall have the right to have present at such examina-
tion any duly qualified physician or surgeon provided and paid by
him. No fact communicated to, or otherwise learned by any physi.
clan or surgeon who may have attended or examined the employee
or who may have been present at any examination, shall be privi.
leged, either in hearings: provided for by this act, or any action at
law brought to recover damages against any employer who may
have accepted the compensation provisions of this act. If the em:
ployee refuses to submit himself to or in any way obstructs suct
examination requested by and provided for by the employer. hi:
right to compensation and his right to take or prosecute any pro
ceedings under this act shall be suspended until such refusal o1
objection ceases, and no compensation shall at any time be payable
for the period of suspension unless in the opinion of the industria
commission the circumstances justify the refusal or obstruction
The employer, or the industrial commission, shall have the right ir
any case of death to require an autopsy at the expense of the part
requesting the same.

Sec. 29. No compensation shall be allowed for the first four
teen calendar days of incapacity resulting from an injury excep’
the benefits provided for in section twenty-six; but if incapacity ex
tends beyond that period compensation shall commence with th«
fifteenth day of disability.

Sec. 30. Where the incapacity for work resulting from the in.
jury is total, the employer shall pay, or cause to be paid, as here.
inafter provided, to the injured employee during such total inca:
pacity a weekly compensation equal to one-half his average-weekl;
wages, but not more than ten dollars, nor less than five dollars :
week; and in no case shall the period covered by such compensatior
be greater than five hundred weeks, nor shall the total amount o:
all compensation exceed four thousand dollars.

Sec. 31. Except as otherwise provided in the next section here
after, where the incapacity for work resulting from the injurv i
partial, the employer shall pay, or cause to be paid, as hereinafte:
provided, to the injured employee during such incapacity a weekl:
compensation equal to one-half the difference between his. average
weekly wages before the injury and the average weekly wages whic!
he is able to earn thereafter, but not more than ten dollars a week
and in no case shall the period covered by such compensation b
greater than three hundred weeks from the date of the injury. I
case the partial incapacity begins after a period of total incapacit)
the latter period shall be deducted from the maximum period herei
allowed for partial incapacity.

Sec. 32. In cases included by the following schedule, the ince
pacity in each case shall be deemed to continue for the period spec
fied, and the compensation so paid for such injury shall be as spec’
fied therein, and shall be in lieu of all other compensation, to-wit:

(a) For the loss of a thumb, fifty per centum of the averag
weekly wages during sixty weeks.

(b) For the loss of a first finger, commonly called the inde
finger, fifty per centum of the average weekly wages during thirty
five weeks.

(c) For the loss of a second finger, fifty per centum of averag
weekly wages during thirty weeks.

(d) For the loss of a third finger, fifty per centum of averag
weekly wages during twenty weeks.

(e) For the loss of a fourth finger, commonly called the litt]
inger fifty per centum of average weekly wages during fiftee
weeks,

(f) The loss of the first phalange of the thumb or any finge
shall be considered to be equal to the loss of one-half of such thum
or finger, and the compensation shall be for one-half of the period
of time above specified.

(g) The loss of more than one phalange shall be considere
the loss of the entire finger or thumb; provided, however, that i
no case shall the amount received for more than one finger excee
the amount provided in this schedule for the loss of a hand.

(h) For the loss of a great toe, fifty per centum of the averag
weekly wages during thirty weeks.

(j) For the loss of one of the toes other than a great toe, fift
per centum of average weekly wages during ten weeks.

(k) The loss of the first chalange of any toe shall be considere
to be equal to the loss of one-half of such toe, and the compensatio
shall be for one-half of the periods of time above specified.

(1) The loss of more than one phalange shall be considered a
the loss of the entire toe.

(m) For the loss of a hand, fifty per centum of the averag
weekly wages during one hundred and fifty weeks.

(n) For the loss of an arm, fifty per centum of average week]
wages during two hundred weeks.

(o) For the loss of a foot, fifty per centum of average week
ly wages during one hundred and twenty-five weeks.

(p) For the loss of a leg, fifty per centum of average weekl
wages during one hundred and seventy-five weeks.

(q) For the loss of an eye, fifty per centum of the averag
weekly wages during one hundred weeks.

(r) The loss.af both hands, or both arms, or both feet, or bot!
legs, or both eyes, or any two thereof, shall constitute total an
permanent incapacity, to be compensated according to the pro
visions of section thirty.
The weekly compensation payments referred to in this section
shall all be subject to the same limitations as to maximum and
minimum as set out in section thirty.

Sec. 33. If an injured employee refuses employment procured
for him suitable to his capacity, he shall not be entitled to any com-
pensation at any time during the continuance of such refusal, un-
less in the opinion of the industrial commission such refusal was
justified.

Sec. 34. If an employee has a permanent disability or has sus-
tained a permanent injury in service in the army or navy of the
United States or in another employment other than that in which
he received a subsequent permanent injury by accident, such as speci-
fied in section thirty-two, he shall be entitled to compensation only
for the degree of incapacity which would have resulted from the
later accident if the earlier disability or injury had not existed.

Sec. 35. If an employee received an injury for which compen-
sation is payable, while he is still receiving or entitled to compen-
sation for a previous injury in the same employment, he shall not
at the same time be entitled to compensation for both injuries,
unless the later injury, be a permanent injury, such as specified in
section thirty-two; but he shall be entitled to compensation for that
injury and from the time of that injury which will cover the longest
period and the largest amount payable under this act.

Sec. 36. If an employee receives a permanent injury as specified
in section thirty-two, after having sustained another permanent in-
jury in the same employment, he shall be entitled to compensation
for both injuries, but. the total compensation shall be paid by ex-
tending the period and not by increasing the amount of weekly com-
pensation, and in no case exceeding five hundred weeks.

When the previous and subsequent permanent injuries received
in the same employment result in total disability, compensation shall
be payable for permanent total disability, but payments made for
the previous injury shall be deducted from the total payment of
compensation due.

Sec. 37, (a) Where an accident happens while the employee
is employed elsewhere than in this State, which would entitle him
or his dependents to compensation if it had happened in this State,
the employce or his dependents shall be entitled to compensation, if
the contract of employment was made in this State; if the em-
ployer’s place of business is in this State; and if the residence of the
employee is in this State; provided his contract of employment was
not expressly for service exclusively outside of the State.

(b) Provided, however, if an employee shall receive compen-
sation or damages under the laws of any other State, nothing herein
contained shall be construed so as to permit a total compensation for
the same injury greater than is provided for in this act.

Sec. 38. When an employee receives or is entitled to compensa-
tion under this act, for an injury covered by section thirty-two,
and dies from any other cause than the injury for which he was
entitled to compensation, payment of the unpaid balance of com-
pensation shall be made to his next kin dependent upon him for
support, in lieu of the compensation the employee would have been
entitled to had he lived.

Sec. 39. Ifthe death results from the accident within six years,
the employer shall pay or cause to be paid, subject, however, to the
provisions of the other sections of this act, in one of the methods
hereinafter provided, to the dependents of the employee, wholly de-
pendent upon his earnings for support at the time of accident, a
weekly payment equal to one-half his average weekly wages, but
not more than ten dollars nor less than five dollars a week for a
period of three hundred weeks from the date of the injury, and
burial expenses not exceeding one hundred dollars. If the em-

loyee leaves dependents only partly dependent upon his earnings

or support at the time of the injury, the weekly compensation to
be paid as aforesaid, shall equal the same proportion of .the weekly
payments for the benefit of persons wholly dependent as the amount
contributed by the employee to such partial dependents bears to the
annual earnings of the deceased at the time of his injury. When
weekly payments have been made to an injured employee before
his death the compensation to dependents shall begin from the date
of the last of such payments, but shall not continue more than three
hundred weeks from the date of the injury. If the employee does
not leave dependent, citizens of and residing at the time of the acci-
dent in the United States or the Dominion of Canada, the amount
of compensation shall not in any case exceed $1,000.00.

Sec. 40. The following persons shall be conclusively presumed
to be the next of kin wholly dependent for support upon the de-
ceased employee:

(a) A wife upon a husband whom she had not voluntarily de-
serted or abandoned at time of the accident.

(b) A husband upon a wife with whom he lived at the time
of her accident if he is then incapable of self-support and actually
dependent upon her.

(c) A boy under the age of eighteen, or a girl under the age
of eighteen, upon a parent. If a child is over the ages specified
above, but physically or mentally incapacitated from earning a
livlihood, he or she shall be presumed to be totally dependent.

As used in this section, the term “Boy,” “Girl” or “Child” shall
include stepchild, legally adopted children, posthumous children,
acknowledged illegitimate children, but shall not include married
children; the term “Parent” shall include stepparents and parents
by adoption. In all other cases questions of dependency, in whole
or in part, shall be determined in accordance with the facts as the
facts may be at the time of the accident; but no allowance shall be
made for any payment made in lieu of board and lodging or ser-
vices, and no compensation shall be allowed, unless the dependency
existed for a period of three months or more prior to the accident;
if there is more than one person wholly dependent, the death benefit
shall be divided among them; and persons partly dependent, if
any, shall receive no part thereof; if there is no one wholly de-
pendent and more than one person partially dependent, the death
benefit shall be divided among them according to the relative ex-
tent of their dependency.

For the purpose of this act, the dependence of a widow or
widower of a deceased employee shall terminate with legal or com-
mon law remarriage, and the amount to be received by him or her
shall be divided among the children or other dependents in the pro-
portion in which they are receiving compensation, and the depend-
ence of a child, except a child physically or mentally incapacitated
from earning a livlihood, shall terminate with the attainment of
eighteen years of age.

Sec. 41. If the deceased employee leaves no dependents, the em-
ployer shall pay the burial expenses of the deceased, not to exceed
one hundred dollars ($100.00).

Sec. 42.. The total compensation payable under this act shall in
no case exceed four thousand dollars ($4,000.00).

Sec. 48. Any payments made by the employer to the injured
employee during the period of his disability, or to his dependents,
which by the terms of this act were not due and payable when made,
may, subject to the approval of the industrial commission. be de-
ducted from the amount to be paid as compensation; provided, that
in the case of disability such deductions shall be made by shortening
the period during which compensation must be paid and not by
reducing the amount of the weekly payment.

Sec. 44. The industrial commission, upon application of either
party, may, in its discretion, having regard to the welfare of the
employee and the convenience of the employer, authorize compensa-
tion to be paid monthly or quarterly instead of weekly.

Sec. 45. Whenever any weekly payment has been continued for
not less than twenty-six weeks, the liability therefor may in unusual
cases, where the parties agree and the industrial commission deems
it to be to the best interests of the employee or his dependents, or
where it will prevent undue hardships on the employer, or his insur-
ance carrier, without prejudicing the interests of the employee or his
dependents, be redeemed, in whole or in part, by the payment, by
the employer, of a lump sum which shall be fixed by the commis-
sion, but in no case to exceed the commutable value of the future in-
stallments which may be due under this act. The commission, how-
ever, In its discretion, may at any time in the case of a minor who
has received permanently disabling injuries, either partial or total,
provide that he be compensated in whole or in part by the pay-
ment of a lump sum, the amount of which shall be fixed by the
commission, but in no case to exceed the commutable value of the
future installments which may be due under this act.

Sec. 46. Whenever the industrial commission deems it expedient,
any lump sum subject to the provisions of the foregoing section shall
be paid by the employer to some suitable person or corporation ap-
pointed by the circuit or corporation court in the county or city
wherein the accident occurred, as trustee, to administer the same for
the benefit of the person entitled thereto in the manner provided
by the commission. The receipt of such trustee for the amount as
paid shall discharge the employer or any one else who is liable there-
or.

Sec. 47. Upon its own motion before judicial determination or
upon the application of any party in interest on the ground of a
change in condition, the industrial commission may at any time
review any award and on such review may make an award ending,
diminishing or increasing the compensation previously awarded,
subject to the maximum or minimum provided in this act, and shall
immediately send to the parties a copy of the award. No such re-
view shall affect such award as regards any monies paid.

Sec. 48. (a) Whenever payment of compensation is made to
a widow or widower for her or his use, or for her or his use and
the use of the child or children, the written receipt thereof of such
widow or widower shall acquit the employer.

(b) Whenever payment is made of any person eighteen years
of age or over, the written receipt of such person shall acquit the
employer. In case where an infant or minor under the age of
eighteen years shall be entitled to receive a sum or sums amount-
ing in the aggregate to not more than three hundred dollars as
compensation for injuries, or as a distributive share by virtue of
this act, the father, mother or natural guardian upon whom such
infant or minor shall be dependent for support, shall be authorized
and empowered to receive and receipt for such monies to the same
extent as a guardian of the person and property of such infant or
minor duly appointed by proper court, and the release or discharge
of such father, mother, or natural guardian shall be full and com-
plete discharge of all claims or demands of such infant or minor
thereunder.

(c) Whenever payment of over three hundred dollars is made
to a minor under eighteen years of age, or to a dependent child over
the age of eighteen years of age, the same shall be made to some
suitable person or corporation appointed by the circuit or corpora-
tion court as a trustee, and the receipt of such trustee shall acquit
the employer.

(d) Payment of death benefits by an employer in good faith to
a dependent subsequent in right to another or other dependents shall
protect and discharge the employer unless and until such dependent
or dependents prior in right shall have given him notice of his or
their claim. In case the employer is in doubt as to the respective
rights of rival claimants, he may apply to the industrial commis-
sion to decide between them.

Sec. 49. If an injured employee is mentally incompetent or is
under eighteen years of age at the time when any right or privilege
accrues to him under this act, his guardian, trustee or committee may
in his behalf claim and exercise such right or privilege.

Sec. 50. No limitation of time provided in this act for the giv-
ing of notice or making claim under this act shall run against any
person who is mentally incompetent, or a minor dependent, so long
as he has no guardian, trustee or committee.
Sec. 51. Whenever any employee for whose injury or death
compensation is payable under this act shall at the time of the in-
jury be in the joint service of two or more employers subject to this
act, such employers shall contribute to the payment of such com-
pensation in proportion to their wage liability to such employe;
provided, however, that nothing in this section shall prevent any
reasonable arrangement between such employers for a different dis-
tribution as between themselves of the ultimate burden of compen-
sation. .

Sec. 52. There is hereby created a commission which shall be
known as the industrial commission of Virginia, which shall con-
sist of three members to be appointed by the governor. One of
the members of this commission shall be appointed for a term of
two years, one member for a term of four years and one member for
a term, of six years, and thereafter each member shall be appointed
for a term of six years. Not more than one member of said com-
mission shall be a person who on account of his previous vocation,
employment or affiliation, shall be classified as a representative of
employers, and not more than one such appointee shall be a person
who, on account of his previous vocation, employment or affiliation,
shall be classed as a representative of employees. The commission
thus composed shall elect one of its number chairman. Each mem-
ber of said commission shall devote his entire time to the duties of
his office, and shall not hold any position of trust or profit, or
engage in any occupation or business interfering or inconsistent with
his duties as such member. ,

Sec. 538. (a) The salary of each member of the commission
shall be thirty-six hundred dollars a year, payable in the same man-
ner as the salaries of other State officers are paid. The commission
may appoint a secretary at a salary of not more than two thousand
dollars a year, and may remove him.

(b) The commission may also, subject to the approval of the
governor, employ such clerical or other assistants, as it may deem
necessary, and fix the compensation of all persons so employed.

(c) The members of the commission and its assistants shall be
entitled to receive from the State their actual and necessary ex-
penses while traveling on the business of the commission, but such
expenses shall be sworn to by the persons who incurred the same
and shall be approved by the chairman of the commission before
payment is made.

(d) All salaries and expenses of the commission shall be audited
and paid out of the State treasury in the manner prescribed for
similar expenses in other departments or branches of the State
service.

Sec. 54. (a) The commission shall be provided with adequate
offices in the capitol or some other suitable building in the city of
Richmond, in which the records shall be kept and its official busi-
ness transacted during regular business hours; it shall also be
provided with necessary office furniture, stationery and other sup-
plies. ,
(b) The commission may appoint deputies who shall have the
power to subpoena witnesses and administer oaths, and who may
take testimony in such cases as the commission may deem proper.
Such testimony shall be transmitted in writing to the commission
and the commission shall fix the compensation of such deputies.

(c) The commission or any member thereof may hold sessions
at any place within the State as may be deemed necessary by the
commission.

Sec. 55. (a) The commission may make rules, not inconsistent
with this act, for carrying out the provisions of this act. Processes
and procedure under this act shall be as summary and simple as
reasonably may be. The commission or any member thereof or any
person deputized by it shall have the power for the purpose of this
act to subpoena witnesses, administer or cause to have administered
oaths, and to examine or cause to be examined such parts of the
books and records of the parties to a proceeding as relate to ques-
tions in dispute.

(b) The county sheriff; or city or town sergeant or sheriff,
and their respective deputies, shall serve all subpoenas of the com-
mission or its deputies and shall receive the same fees as are now
provided by law for like civil actions; each witness who appears in
obedience to such subpoena of the commission shall receive for at-
tendance the fees and mileage for witnesses in civil cases in courts.

(c) The circuit or corporation court shall, on application of
the commission or any member or deputy thereof, enforce by proper
proceedings the attendance and testimony of witnesses and the pro-
duction and examination of books, papers and records.

sec. 56. The commission shall prepare and cause to be printed,
and upon request furnish free of charge to any employee or em-
ployer such blank forms and literature as it shall: deem requisite
to facilitate or promote the efficient administration of this act.

The commission shall tabulate the accident reports received from
employers in accordance with section sixty-seven, and shall publish
the same in the annual report of the commission and as often as it
may deem advisable, in such detailed or aggregate form as it may
deem best. The name of the employer or employee shall not appear
in such publications and the employers reports themselves shall be
private records of the commission, and shall not be open for public
inspection except for the inspection of the parties directly involved,
and only to the extent of such interest. These reports shall not be
used as evidence against any employer in any suit at law brought
by any employee for the recovery of damages.

Sec. 57. If after fourteen days from the date of the injury or
at any time in case of death, the employer and the injured employee
or his dependents reach an agreement in regard to compensation
under this act, a memorandum of the agreement in the form pre-
scribed by the industrial commission shall be filed with the commis-
sion; otherwise such agreement shall be voidable by the employee
or his dependents.

If approved by the commission, thereupon the memorandum shall
for all Purposes be enforceable by the court’s decree as hereinafter
specified.

Sec. 58. If the employer and the injured employee or his de-
pendents fail to reach an agreement in regard to compensation un-
der this act, or if they have reached such an agreement which has
been signed and filed with the commission and compensation has
been paid or is due in accordance therewith, and the parties thereto
then disagree as to the continuance of any weekly payment under
such agreement, either party may make application to the industrial
commission for a hearing in regard to the matters at issue and
for a ruling thereon.

Immediately after such application has been received the commis-
sion shall set the date for a hearing, which shall be held as soon as
practicable, and shall notify the parties at issue of the time and
place of such hearing. The hearing shall be held in the city or
county where the injury occurred, unless otherwise agreed to by the
parties and authorized by the industrial commission.

Sec. 59. The commission or any of its members shall hear the
parties at issue and their representatives and witnesses and shall de-
termine the dispute in a summary manner. The award, together
with a statement of the findings of fact, rulings of law and other
matters pertinent to the questions at issue shall be filed with the
record of the proceedings, and a copy of the award shall immediate-
ly be sent to the parties in dispute. The parties may be heard by a
deputy, in which event he shall swear or cause the witnesses to be
sworn and shall transmit all testimony to the commission for its
determination and award.

Sec. 60. If an application for review is made to the commission
within seven days from the date of the award, the full commission.
if the first hearing was not held before the full commission, shall
review the evidence, or, if deemed advisable, as soon as practicable.
hear the parties at issue, their representatives and witnesses, and
shall make an award and file the same in like manner as specified
in the foregoing section. ,

Sec. 61. The award of the commission, as provided in section
fifty-nine, if not reviewed in due time, or an award of the commis-
sion upon such review, as provided in section sixty, shall be con-
clusive and binding as to all questions of fact; but either party to
the dispute may within thirty days from the date of such award,
or within thirty days after receipt of notice to be sent by registered
mail, of such award but not thereafter, appeal from the decision of
said commission to the circuit court of the county or corporation
court of the city in which the alleged accident happened or in which
the employer resides or has his principal office; or 1f the cause be in
the city of Richmond, then to the circuit or law and equity court
of said city; the form and manner of said appeal shall be prescribed
by the supreme court of appeals of Virginia within thirty days af-
ter this act takes effect. The judge shall hear and determine the
case within thirty days after the granting of the appeal if court be
in session, and if court be not in session the judge granting such
appeal shall hear and determine the case within thirty days after the
beginning of the ensuing term. The commission, of its own motion,
may certify questions of law to the supreme court of appeals for
decision and determination by the said court. In case of an appeal
from the decision of the commission, or of a certification by said com-
mission of questions of law, to the supreme court of appeals, said
uppeal or certification shall operate as a supersedeas, and no em-
ployer shall be required to make payment of the award involved
in said appeal or certification until the questions at issue therein
shall have been fully determined in accordance with the provisions
of this act.

Sec. 62. Any party in interest may file in the circuit or cor-
poration court of the county or city in which the injury occurred,
or if it be in the city of Richmond, then in the circuit or law and
equity court of said city, a certified copy of a memorandum of
agreement approved by the commission, or of an order or de-
cision of the commission, or of an award of the commission unap-
pealed from, or of an award of the commission affirmed upon ap-
peal, whereupon said court shall render judgment in accordance
tuerewith and notify the parties. Such judgment shall have the
same effect, and all proceedings in relation thereto shall thereafter
be the same, as though said judgment had been rendered in a suit
duly heard and determined by said court.

Sec. 63. If the industrial commission or any court before whom
any proceedings are brought under this act shall determine that
such proceedings have been brought, prosecuted or defended with-
out reasonable ground, it may assess the whole cost of the proceed-
ings upon the party who has brought or defended them.

Sec. 64. The commission or any member thereof may, upon the
application of either party or upon its own motion, appoint a dis-
interested and duly qualified physician or surgeon to make any
necessary medical examination of the employee and to testify in re-
spect thereto. Said physician or surgeon shall be allowed traveling
expenses and a reasonable fee to be fixed by the commission, not ex-
ceeding ten dollars for each examination and report, but the com-
mission may allow additional reasonable amounts in extraordinary
cases.

The fees and expenses of such physician or surgeon shall be paid
by the State.

See. 65. Fees of attorneys and physicians and charges of hos.
pitals for services under this act shall be subject to the approva.
of the commission.

Sec. 66. <All questions arising under this act, if not settled by
agreements of the parties interested therein, with the approval o:
the commission, shall be determined by the commission, except a:
otherwise herein provided.

Sec. G7. (a) Every employer shall hereafter keep a record o:
all injuries, fatal or otherwise. received by his employees in the
course of their employment, on blanks approved by the commission
Within ten days after the occurrence and knowledge thereof, a
provided in section twenty-three, of an injury to an employee caus-
ing his absence from work for more than seven days, a report there-
of shall be made in writing and mailed to the industrial commis-
sion on blanks to be procured from the commission for this purpose.

(b) The records of the commission, insofar as they refer to
accidents, injuries and settlements, shall not be open to the public,
but only to the parties satisfying the commission of their interest
in such recorls and the right to inspect them.

(c) Upon the termination of the disability of the injured em-
ployee, or if the disability extends beyond a period of sixty days,
then also at the expiration of such period, the employer shall make
a supplementary report to the commission on blanks to be procured
from the commission for the purpose.

(d) The said report shall contain the name, nature and foca-
tion of the business of the employer, and name, age, sex and wages
and occupation of the injured employee, and shall state the date and
hour of the accident causing the injury, the nature and cause of
the injury and such other information as may be required by the
commission.

(e) Any employer who refuses or neglects to make the report
required by this section shall be liable for a penalty of not more
than twenty-five dollars for each refusal or neglect, to be recover-
able in any court of competent jurisdiction in a suit by the com-
mission.

Sec. 68. Every employer who accepts the provisions of this act
relative to the payment of compensation shall insure and keep
insured his liability thereunder in some corporation, association,
organization or State insurance fund authorized to transact the
business of workmen’s compensation insurance in this State, or in
some mutual insurance association formed by a group of employers
so authorized, or shall furnish to the industrial commission satis-
factory proof of his financial ability to pay direct the compen-
sation in the amount and manner and when due as provided for
in this act. In the latter case the commission may in its discretion
require the deposit of an acceptable security, indemnity or bond
to secure the payment of compensation liabilities as they are
incurred.

Provided that it shall be satisfactory proof of the employer's
financial ability to pay direct the ‘compensation in the amount
and manner when due, as provided for in this act, and acceptable
security, indemnity or bond to secure the payment of compensation
liabilities as they are incurred, if the employer shall show to the
industrial commission that he is a member of an association or
group of employers and as such is exchanging contracts of insur-
ance with the employers of this and other States, through a medium
as specified and located in their agreements between each other, and
shall further file with said industrial commission a certificate of
authority issued by the insurance department of any State to said
group of employers or association, together with a sworn financial
statement showing said group of employers or association to be
in solvent condition, but this proviso shall in no wise restrict or
qualify the right of self insurance as hereinbefore authorized.

Sec. 69. (a) Every employer accepting the compensation pro-
visions of this act shall within thirty days after this act takes effect
file with the commission in form prescribed by it, and thereafter
annually or as often as may be necessary, evidence of his compliance
with the provisions of section sixty-eight and all others relating
thereto.

(b) If such employer refuses and neglects to comply with these
provisions he shall be punished by a fine of ten cents for each
employee at the time of the insurance becoming due, but not less
than one dollar nor more than fifty dollars for each day of such
refusal or neglect, and until the same ceases, and he shall be lable
during continuance of such refusal or neglect to an employee either
for compensation under this act or at law in the same manner as
provided in section sixteen.

Sec. 70. Whenever an employer has complied with the pro-
visions of section sixty-eight, relating to self-insurance, the indus-
trial. commission shall issue to such employer a certificate which
shall remain in force for a period fixed by the commission, but
the commission may upon at least sixty days’ notice and hearing
to the employer revoke the certificate upon satisfactory evidence
for such revocation having been presented. At any time after such
revocation the commission may grant a new certificate to the em-
ployer upon his petition.

Sec. (1. (a) Subject to the approval of the industrial com-
mission, any employer may enter into or continue any agreement
with his employees to provide a system of compensation, benefit
or insurance in lieu of the compensation and insurance provided by
this act. No such substitute system shall be approved unless it
confers benefits upon injured employees at least equivalent to the
benefits provided by this act, nor if it requires contributions from
the employees unless it confers benefits in addition to those pro-
vided under this act at least commensurate with such contributions.

(b) Such substitute system may be terminated by the industrial
commission on reasonable notice and hearing to the interested par-
ties if it shall appear that the same is not fairly administered or
if its operation shall disclose defects threatening its solvency, or
if for any substantial reason it fails to accomplish the purpose of
this act; and in this case the commission shall determine upon
the proper distribution of all remaining assets, if any, subject to
the right of any party at interest to take an appeal to the circuit
or corporation court of the county or city wherein the principal
office or chief place of business of the employer is located.

Sec. 72. All policies insuring the payment of compensation
under this act must. contain a clause to the effect that as between
the employer and the insurer the notice to or knowledge of the
occurrence of the injury on the part of the insured employer shall
be deemed notice or knowledge, as the case may be, on the part of
the insurer; that jurisdiction of the insured for the purposes of
this act shall be jurisdiction of the insurer; and that the insurer
shall in all things be bound by and subject to the awards, judg-
ments or decrees rendered against such insured employer.

Sec. 73. No policy of insurance against liability arising under
this act shall be issued unless it contains the agreement of the in-
surer that it will promptly pay to the person entitled to same
all benefits conferred by this act, and all installments of the com-
pensation that may be awarded or agreed upon, and that the obli-
gation shall not be affected by any default of the insured after the
injury or by any default in giving notice required by such policy,
or otherwise. Such agreement shall be construed to be a direct
promise by the insurer to the person entitled to compensation en-
forceable in his name.

Sec. 74. (a) Every policy for the insurance of the compen-
sation herein provided, or against lability therefor, shall be deemed
to be made subject to the provisions of this act. No corporation,
association or organization shall enter into any such policy of in-
surance unless its form shall have been approved by the industrial
commission.

(b) This act shall not apply to policies of insurance against
loss from explosion of boilers or tly wheels or other similar single
catastrophe hazards.

Sec. 75. (a) The rates charged by all carriers of insurance,
including the parties to any mutual, reciprocal, or other plan or
scheme, writing insurance against the hability for compensation
under this act, shall be fair, reasonable and adequate, with due allow-
ance for merit rating, and all risks of the same kind and degree of
hazard, shall be written at the same rate by the same carrier. No
policy of insurance against liability for compensation under this
act, shall be valid until the rate thereof has been approved by the
commissioner of insurance, nor shall any such carrier of insurance
write any such policy or contract until its basic and merit rating
schedules have been filed with, approved and not subsequently dis-
approved by the commissioner of insurance.

(b) Each such insurance carrier shall report to the commis-
sioner of insurance in accordance with such reasonable rules as
the commissioner of insurance may at any time prescribe, for the
purpose of determining the solvency of the carrier, and the adequacy
of its rates; for such purpose the commissioner of insurance may
inspect the books and records of such insurance carrier, and examine
its agents, officers and directors under oath.

(c) For the purpose of paying the salaries and necessary ex-
penses of the commission and its assitants and employees in admin-
istering and carrying out the provisions of this act an adminis-
trative fund shall be created and maintained in the following
manner:

Every person, partnership. association, corporation, whether
organized under the laws of this or any other State or country.
company, mutual company or association, the parties to any inter-
indemnity contract or reciprocal plan or scheme, and every other
insurance carrier, insuring employers in this State against liability
for personal injuries to their employees, or death caused thereby,
under the provisions of this act, shall, as hereinafter provided,

y a tax upon the premiums received, whether in cash or notes,
in this State or on account of business done in this State, for such
insurance in this State, at the rate of four per cent. of the amount
of such premium, which tax shall be in lieu of all other taxes on
such premiums, which tax shall be assessed and collected as herein-
after provided. Provided, however, that such insurance carriers
shall be credited with all cancelled or returned premiums, actually
refunded during the year on such insurance, and with premiums
on re-insurance with companies authorized and licensed to transact
business in Virginia, which re-insurance shall be reported by the re-
insurer; but no credit shall be allowed for re-insurance in com-
panies not licensed to transact business in Virginia.

(d) Every such insurance carrier shall, for the six months
ending June thirtieth, nineteen hundred and nineteen, for the twelve
months ending December thirty-first, nineteen hundred and nine-
teen, and annually thereafter, make a return verified by the
affidavit of its president and secretary, or other chief officers or
agents, to the commissioner of insurance, stating the amount of all
such premiums and credits during the period covered by such return.
Every insurance carrier required to make such return shall file
the same with the commissioner of insurance within thirty days
after the close of the period covered thereby and shall at the same
time pay into the State treasury a tax of four dollars on each one
hundred. dollars of such premium ascertained as provided in sub-
section (c) hereof, less returned premiums on cancelled policies
and re-insurance with other companies licensed to transact busi-
ness in this State. Upon receiving such payments the State treas-
urer shall place the whole thereof to the credit of the fund for
the administration of this act, and shall pay same out in the manner
provided by section seventy-eight hereof.

(e) If any such insurance carrier shall fail or refuse to make
the return required by this act, the said commissioner of insurance
shall assess the tax against such insurance carrier at the rate herein
provided for, on such amount of premiums as he may deem just,
and the proceedings thereon shall be the same as if the return had
been made.

(f) If any such insurance carrier shall withdraw from business
in this State before the tax shall fall due, as herein provided, or
shall fail or neglect to pay such tax, the commissioner of
insurance shall at once proceed to collect the same, and he
is hereby empowered and authorized to employ such legal
process aS may be necessary for that purpose, and when so
collected he shall pay the same into the State treasury.
The suit may be brought by the commissioner of insurance, in his
official capacity, in any court of this State having jurisdiction ;
reasonable attorneys’ fees may be taxed as costs therein, and pro-
cess May Issue to any county of the State, and may be served as in
civil actions, or in case of unincorporated associations, partnerships,
interindemnity, contracts or other plan or scheme, upon any agent
of the parties thereto upon whom process may be served under the
laws of this State.

(g) Any person or persons who shall in this State act or assume
to act as agent for any such insurance carrier whose authority to
do business in this State has been suspended, while such suspen-
sion remains in force, or shall neglect or refuse to comply with any
of the provisions of this section obligatory upon such persons or
party, or who shall wilfully make a false or fraudulent statement
of the business or condition of any such insurance carrier or false
or fraudulent return as herein provided, shall be deemed guilty
of a misdemeanor, and upon conviction shall be punished by a fine
of not less than one hundred nor more than one thousand dollars,
or by imprisonment for not less than ten nor more than ninety days,
or both such fine and imprisonment, in the discretion of the jury.

(h) Whenever by this act or the terms of any policy con-
tract any officer is required to give any notice to an insurance
carrier, the same may be given by delivery, or by mailing by regi
tered letter properly addressed and stamped, to the principal office
or chief agent of such insurance carrier within this State, or to its
home office, or to the secretary, general agent, or chief officer thereof
in the United States.
~ (1) Any insurance carrier liable to pay a tax upon premiums
under this act shall not be liable to pay any other or further tax
upon such premiums, or on account thereof, under any other law
of this State.

(j) Every employer carrying his own risk under the provisions
of section sixty-eight shall, under oath, report to the board his
pay roll, subject to the provisions of this act. Such report shall
be made in form prescribed by the commission and at the times
herein provided for premium reports by insurer. The commissioner
shall assess against such pay roll a maintenance fund tax computed
by taking four per cent. of the basic premiums chargeable against
the same or most similar industry or business, taken from the manual
insurance rate for compensation then in force in this State.

(k) The commission shall not be authorized to incur expenses
or indebtedness during any period, chargeable against the main-
tenance fund, in excess of the premium tax payable to such fund
for the same period. If it be ascertained that the tax collected for
a given period exceeds the total chargeable against the maintenance
fund under the provisions of this act, the commission may authorize
a corresponding credit upon collections for the succeeding period.

Sec. 76. If any section of the provisions of this act be decided
by the courts to be unconstitutional or invalid, the same shall not
affect the validity of this act as a whole or any part thereof other
than the part so decided to be unconstitutional or invalid.

Sec. 77. For the purpose of paying salaries and expenses of the
commission and its necessary employees in making preparations
and putting this act into operation the sum of ten thousand dollars
is hereby appropriated, payable out of any funds in the State treas-
ury, not otherwise appropriated. All claims for salaries or ex-
penses, when approved by resolution of the board, and counter-
signed by the chairman thereof, shall be presented to the auditor
of public accounts, who shall issue his warrant in payment thereof.
All such claims shall show to whom and for what service, material
or other things or reason such amounts are to be paid and shall be
accompanied by voucher, checks or receipts covering the same, ex-
cept as to items of less than one dollar.

The ten thousand dollars appropriated above herein shall be
repaid to the State out of the special funds raised under this act
when and as a sum sufficient therefor is available hereunder.

Sec. 78. This act, except as prescribed in section fifty-two, shall
become effective January the first, nineteen hundred and nineteen,
and section fifty-two shall become effective October first, nineteen
hundred and eighteen.

Sec. 79. All acts and parts of acts inconsistent with any pro-
visions of this act are hereby repealed.