Chap. 7.—An ACT to amend and re-enact sections 12, 20, 30, 31, 32, 35, 39, 40,
41, 55, 61, 65, 67, 69 and 75 of the Virginia workmen’s compensation act,
which became a law March 21, 1918, as heretofore amended. [H B 12]

Approved January 29, 1926.

_ 1. Be it enacted by the general assembly of Virginia, That sec-
tions twelve, twenty, thirty, thirty-one, thirty-two, thirty-five, thirty-
nine, forty, forty-one, fifty-five, sixty-one, sixty-five, sixtv-seven,
sixty-nine and seventy-five of the Virginia workmen's compensation
act, which became a law March twenty-first, nineteen hundred and
eighteen, as heretofore amended, be further amended and re-enacted
so as to read as follows:

Section 12. The rights and remedies herein granted to an em-
ployee 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
remedies of such employee, his personal representative, parents, de-
pendents or next of kin, at common law or otherwise, on account of
such injury, loss of service or death; provided, however, that where
such employee, his personal representative or other person may have a
right to recover damages for such injury, loss of service or death from
any person or persons other than such employer, he may institute an
action at law against such third person or persons before an award is
made under this act and prosecute the same to its final determination,
but either the acceptance of an award hereunder, or the procurement
of a judgment in an action at law, shall be a bar to proceeding further
with the alternate remedy; and provided, further, that if the em-
ployee who has so accepted the provisions of this act be an infant
employed knowingly and wilfully in violation of law, nothing herein
contained shall be construed to prevent the parents of such infant
employee from maintaining an action at law for loss of service of said
infant against his employer or other person who may be responsible
therefor and recovering damages therefor in addition to the compen-
sation recoverable hereunder. In all cases where an employer and em-
ployee have accepted the workmen's compensation act as hereinbe-
fore provided, any injury to a minor while employed contrary to the
laws of this State shall be compensable under this act the same, and
to the same extent, as if said minor employee was an adult.

The acceptance of an award under this act against an employer
for compensation for the injury or death of an employee shall operate
as an assignment to the employer of any right to recover damages
which the injured employee or his personal representative or other
person may have against any other party for such injury or death,
and such employer shall be subrogated to any such right and may en-
force, in his own name or in the name of the injured employee or his
personal representative, the legal liability of such other party. If the
injured employee, his personal representative or other person entitled
so to do has made a claim under this act against his employer, and has
not proceeded against such other party, the employer may, in order
to prevent the loss of his rights by the passage of time, institute such
action prior to the making of an award hereunder.

The amount of compensation paid by the employer or the amount
of compensation to which the injured employee or his dependents are
entitled shall not be admissible as evidence in any action brought to
recover damages, but any amount collected by the employee under
the provisions of this section in.excess of the amount paid by the em-
ployer or for which he is liable shall be held by the employer for the
benefit of the injured employee or other person entitled thereto, less
such amounts as are paid by the employer for reasonable expenses
and attorney's fees; provided, that no compromise settlement shall
be made by the employer or insurance carrier in the exercise of such
right of subrogation without the approval of the industrial commis-
sion and the injured employee, or the personal representative or
dependents of the deceased employee, being first had and obtained.

Where any employer is insured against liability for compensation
with any insurance carrier, and such insurance carrier shall have. paid
any compensation for which the employer is liable or shall have as-
sumed the liability of the employer therefor, it shall be subrogated to
all the rights and duties of the employer, and may enforce any such
rights in its own name or in the namg of the injured employee or his
personal representative; provided, however, nothing herein shall be
construed as conferring upon insurance carriers any other or further
rights than those existing in the employer at the time of the injury to
his employee, anything in the policy of insurance to the contrary not-
withstanding.

Section 20-a. Where any person (in this section referred to as
‘‘owner’’) undertakes to perform or execute any work which is a part
of his trade, business or occupation and contracts with any other
person (in this section referred to as “‘subcontractor’’) for the execu-
tion or performance by or under such subcontractor of the whole or
any part of the work undertaken by such owner, the owner shall be
liable to pay to any workman employed in the work any compensa-
tion under this act which he would have been liable to pay if the work-
man had been immediately employed by him. :

Where any person (in this section referred to as ‘‘contractor’’) con-
tracts to perform or execute any work for another person which work
or undertaking is not a part of the trade, business or occupation of
such other person and contracts with any other person (in this section
referred to as ‘“‘subcontractor’’) for the execution or performance by
or under the subcontractor of the whole or any part of the work un-
dertaken by such contractor, then the 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 workman had
been immediately employed by him.

Where the subcontractor, as the term is hereinbefore used, in turn
contracts with still another person (in this section also referred to as
subcontractor’) for the performance or execution by or under such
last subcontractor of the whole or any part of the work undertaken
by the first subcontractor, then the liability of the owner or con-
tractor, as those terms are hereinbefore used, shall be the same as
the liability imposed by the preceding paragraphs of this subsection.

Where compensation is claimed from or proceedings are taken
against the owner or contractor, as those terms are hereinbefore used,
then, in the application of this act reference to the owner or contractor
shall be substituted for reference to the subcontractor, except that the
amount of compensation shall be catculated with reference to the
earnings of the workman under the subcontractor by whom he ts im-
mediately employed.

(b) Where the principal contractor is liable to pay compensation
under this section, he shall be entitled to indemnity from any person
who would have been liable to pay compensation to the workman in.
dependently of this section or from an intermediate contractor, anc
shall have a cause of action therefor.

(c) Nothing in this section shall be construed as preventing 2
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 subcon-
tractor, shall have the right to call in that subcontractor or any inter.
mediate contractor or contractors as defendant or co-defendant.

Section 30. Where the incapacity for-work resulting from the in-
jury is total, the employer shall pay, or cause to be paid, as herein.
after provided, to the injured employee during such total incapacity
a weekly compensation equal to fifty per centum of his.average weekly
wages, but not more than twelve dollars, nor less than six dollars z
week; and in no case shall the period covered by such compensation be
greater than five hundred weeks, nor shall the total amount of all
compensation exceed four thousand five hundred dollars.

Section 31. Except as otherwise provided in the next section here-
after, where the incapacity for work resulting from the injury is partial,
the employer shall pay, or cause to be paid, as hereinafter provided.
to the injured employee during such incapacity a weekly compensa-
tion equal to fifty per centum of the difference between his average
weekly wages before the injury and the average weekly wages which
he is able to earn thereafter, but not more than twelve dollars a week,
and in no case shall the period covered by such compensation be
greater than three hundred weeks from the date of the injury. In
case the partial incapacity begins after a period of total incapacity,
the latter period shall be deducted from the maximum period herein
allowed for partial incapacity.

Section 32. Cases in which incapacity shall be deemed to con-
tinue for periods specified in section; compensation.—In cases included
by the following schedule the incapacity in each case shall be deemed
to continue for the period specified, and the compensation so paid for
such injury shall be as specified therein, and shall be in lieu of all other
compensation, to-wit:

(a) For the loss of a thumb, fifty per centum of the average week-
ly wages during sixty weeks.

(b) For the loss of a first finger, commonly called the index 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 average
weekly wages during thirty weeks.

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

(e) For the loss of a fourth finger, commonly called the little
finger, fifty per centum of average weekly wages during fifteen weeks.

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

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

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

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

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

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

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

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

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

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

(q) For the permanent total loss of the vision of an eye, fifty
per centum of the average weekly wages during one hundred weeks;
and for the permanent partial loss of the vision of an eye, the per-
centage of one hundred weeks equivalent to the percentage of the
vision so permanently lost.

(r) For the permanent total loss of the hearing of an ear, fifty per
centum of the average weekly wages during fifty weeks; and for the
permanent partial loss of the hearing of an ear, the percentage of
fifty weeks equivalent to the percentage of the hearing so permanently
lost.

(s) The loss of both hands, or both arms, or both feet, or both
legs, or both eyes, or any two thereof, shall constitute total and per-
manent incapacity, to be compensated according to the provisions
of section thirty..

(t) For-marked disfigurement of the head or face resulting from
an injury not above mentioned in this section which will impair the
future usefulness or occupational opportunities of the injured em-
ployee, fifty per centum of the average weekly wages during sixty
weeks.
|! The weekly compensation payments referred to in this section
shall all be subject to the same limitations as to maximum and mini-
mums as set out in section thirty.

(u) In construing the foregoing section the permanent loss of the
use of a member shall be held equivalent to the loss of such member,
and for the permanent partial loss or loss of use of a member compen-
sation may be proportionately awarded.

Section 35. If an employee received an injury for which compen-
sation is payable, while he is still receiving or entitled to compensa-
tion for a previous injury in the same employment, he shall not at the
same time be entitled to compensation for both injuries, but if he is,
at the time of the second injury, receiving compensation under the
provisions of section thirty-two, payments of compensation there-
under shall be suspended during the period compensation is paid on
account of the second injury, and after the termination of payments
of compensation for the second injury, payments on account of the
first injury shall be resumed and continued until the entire amount
originally awarded has been paid. But if, at the time of the second
injury, he is receiving compensation under the provisions of section
thirty-one, then no compensation shall be payable on account of the
first injury, during the period he received compensation for the second
injury

Section 39. If the 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 dependent of the employee wholly depen-
dent upon his earnings for support at the time of accident a weekly
payment equal to fifty per centum of his average weekly wages, but
not more than twelve dollars nor less than six 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 employee leave
dependents only partly dependent upon his earnings for support at
the time of the injury, the weekly compensation to be paid as afore-
said, shall equal the same proportion of the weekly payments for the
benefit of persons wholly dependent, as the extent of partial depen-
dency bears to total dependency. 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 accident in the United States or Do-
minion of Canada, the amount of compensation shall not in any case
exceed one thousand dollars.

Section 40. The following persons shall be conclusively presumed
to be next of kin wholly dependent for support upon the deceased
employee:

(a) A wife upon a husband whom she thad 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 de-
pendent 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 livelihood,
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, ac-
knowledged illegitimate children, but shall not include married. chil-
dren; the term ‘‘parent”’ shall include step-parents 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 services, 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 dependent and more than one
person partially dependent, the death benefit shall be divided among
them according to the relative extent of their dependency.

For the purose of this act, the dependence of a widow or widower
of a deceased employee shall terminate with legal or common law re-
marriage, and the amount to be received by him or her shall be di-
vided among the children or other dependents in the proportion in
which they are receiving compensation, and the dependence of a child,
except a child physically or mentally incapacitated from earning a
livelihood, shall terminate with the attainment of eighteen years of
age, or upon earlier marriage of a female child. |

Section 41. If the deceased employee leaves no dependents, the
employer shall pay the burial expenses of the deceased, not to exceed
one hundred and fifty dollars ($150.00).

Section 55. 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 reas-
onably may be. The commission or any member thereof or any per-
son 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 questions in
dispute. Any party to a proceeding under this act may, upon appli-
cation to the commission, which application shall set forth the ma-
teriality of the evidence to be given, cause the deposition of witnesses
residing within or without the State to be taken, the costs to be taxed
as other costs by commission. Such depositions shall be taken after
giving the notice and in the manner prescribed by law for depositions
in actions at law, except that they shall be directed to the commission,
the commissioner or the deputy commissioner before whom the pro-
ceedings may be pending.

The county sheriff or city or town sergeant or sheriff, and their

respective deputies, shall serve all subpoenas of the commission 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 attendance the fees and
mileage for witnesses in civil cases in courts.
_ The commission or any member or deputy commissioner shall have
authority to enforce the attendance of all parties in interest and of
witnesses and the production and examination of books, papers and
records as is vested by law in the circuit courts of this State.

Section 61. The award of the commission, as provided in section
fifty-nine, if not reviewed in due time, or an award of the commission
upon such review, as provided in section sixty, shall be conclusive and
binding as to all questions of fact. Appeals shall lie from such award
to the supreme court of appeals in the manner as now provided by
law for appeals in equity cases from circuit and corporation courts;
provided, however, that the petition for such appeal shall be presented
to the supreme court of appeals or one of its judges if the court be not
in session, 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. In such case the filing with the clerk of the appellate court of
ten neatly typewritten copies of the record, duly certified by the
secretary of the commission, shall be taken as a substitute for printing
such record. The secretary of the commission shall certify to the
appellate court, as a part of the record, all the findings of fact upon
which the said action appealed from was based. Cases so appealed
shall be placed upon the privileged docket of the court and be heard
at the next ensuing term thereof wherever held. 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 commission, of questions of law, to the supreme court of ap-
peals, said appeal or certification shall operate as a supersedeas, and
no employer 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. ,

Section 65. Fees of attorneys and physicians and charges of hos-
pitals for services under this act-shall be subject to the approval of
the commission; but no physician shall be entitled to collect fees from
an employer or insurance carrier until he has made the reports re-
quired by the industrial commission in connection with the case.

Section 67. .(a) Every employer shall hereafter keep a record
of 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, as pro-
vided in section twenty-three, of an injury to an employee, causing
his absence from work for more than seven days, a report thereof
shall be made in writing and mailed to the industrial commission on
blanks to be procured from the commission for this purpose.

(b) The records of the commission, insofar as they refer to acci-
dents, injuries and settlements, shall not be open to the public, but
only the parties satisfying the commission of their interest in such
records 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 sup-
plementary 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 location
of the business of the employer, the name, age, sex and wages and oc-
cupation 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 re-
quired by this section shall be liable for a penalty of not more than
twenty-five dollars for each refusal or neglect. The fine herein pro-
vided may be assessed by the commission in an open hearing with the
right of review and appeal as in other cases.

In the event the employer has transmitted the report to the in-
surance carrier for transmission by such insurance carrier to the in-
dustrial commission, the insurance carrier wilfully neglecting or fail-
ing to transmit the report shall be liable for the said penalty.

Section 69. (a) Every employer accepting the compensation
provsions 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.
Every employer that has complied with the foregoing provision and
has subsequently cancelled his insurance shall immediately notify the
industrial commission of such cancellation, the date thereof and the
reasons therefor;;and every insurance carrier shall in like manner
notify the commission immediately upon the cancellation of any
policy issued by it under the provisions of this act.

(b) If such employer refuses and neglects to comply with these
provisions he shall be punished by a fine of ten cents for each em-
ployee 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 liable during con-
tinuance of such refusal or neglect to an employee either for compen-
sation under this act or at law in the same manner as provided in sec-
tion sixteen. The fine herein provided may be assessed by the com-
mjssion in an open hearing with the right of review and appeal as in
other cases.

Section 75. (a). The rates charged by all carriers of insurance,
including the parties to any mutual, reciprocal, or other association
writing insurance against the liability for compensation under this
act, shall be fair, reasonable and adequate, and all risks of the same
kind and degree of hazard shall be written at the same rate by the
same carrier. Subject to such rules as the commissioner of insurance
may prescribe, the basic rates may be modified in accordance with a
plan of physical or schedule rating, and rates for the renewal of risks
carried under policies of insurance having a normal expiration date
July first, nineteen hundred and twenty, or later, may be further modi-
fied in accordance with a plan or scheme of experience rating. No
policy of insurance against liability for compensation under this act
shall be valid until the rate thereof has been approved by the commis-
sioner 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 disapproved by the
commissioner of insurance.

(b) Each such insurance carrier shall report to the commissioner
of insurance, in accordance with such reasonable rules as the commis-
sioner of insurance may at any time prescribe, for the purpose of de-
termining 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 expenses
of the commission and its assistants and employees in administering
in carrying out the provisions of this act, an administrative fund shall
be created and maintained in the following manner:

Every person, partnership, association, corporation, whether or-
ganized 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 car-
rier, insuring employers in this State against liability for personal
injuries to their employees, or death caused thereby, under the pro-
visions of this act, shall, as hereinafter provided, pay a tax upon the
premiums received, whether in cash or notes, in this State or on ac-
count of business done in this State, for such insurance in this State,
at the rate of three and one-half per centum of the amount of such
premium, which tax shall be in lieu of all other taxes on such prem-
iums, which tax shall be assessed and collected as hereinafter 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 reinsurance with companies
authorized and licensed to transact business in Virginia, which rein-
surance shall be reported by the reinsurer; but no credit shall be al-
lowed for reinsurance in companies 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 nineteen, and
annually thereafter, make a return verified by the affidavit of its presi-
dent and secretary, or other chief officers or agents, to the commis-
sioner of insurance stating the amount of 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 three and one-half dollars on each one hundred dollars of such prem-
ium ascertained as provided in subsection (c) hereof, less returned
premiums on cancelled policies and reinsurance with other companies
licensed to transact business in this State. Upon receiving such pay-
ments the State treasurer 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-seven 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 pro-
vided 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’ fee may be taxed as costs therein, and process
may issue to any county of the State, and may be served as in civil
actions, or in case of unincorporated associations, partnerships, inter-
indemnity, 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 suspension re-
mains 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 busi-
ness 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 punislied 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 contract any
officer is required to give any notice to any insurance carrier, the same
may be given by delivery, or by mailing by registered 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.

(i) 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 employee carrying his own risk under the provisions of
section sixty-eight shall, under oath, report to the board his payroll
subject to the provisions of this act. Such report shall be made in
form prescribed by the commission and at -the time herein provided
for premium reports by insurer. The commissioner shall assess
against such payroll a maintenance fund tax computed by taking three
and one-half percentum of the basic premiums chargeable against the
same or most similar industry or business, taken from the manual in-
surance 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 maintenance
fund, in excess of the premiums 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 the collections for the succeeding period. After the pay-
ment of the expenses for the year nineteen hundred and twenty the
commission shall pay into the State treasury on or before August
first, nineteen hundred and twenty-one, and annually thereafter on
or before August first, all moneys collected under this act over and
above such sums as are necessary to pay expenses, and to pay such
sums as may be annually appropriated by law to the State rehabilita-
tion fund, which moneys shall be there held and not otherwise appro-
priated than in this section provided.

3. An emergency existing, this act shall be in force from its pas-
sage.