Whenever an employe of a subcontractor files a claim under this Article against the principal contractor, the principal contractor shall have the right to join the subcontractor or any intermediate contractors as defendant or codefendant in the

case.

Ibid, sec. 60.

61. The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this Act; but this Act shall be so interpreted and construed as to effectuate its general purpose.

Ibid, sec. 61.

62. In any proceeding for the enforcement of a claim for compensation under this Act, it shall be presumed, in the absence of substantial evidence to the contrary:

(a) That the claim comes within the provisions of this Act. (b) That sufficient notice thereof was given.

(c) That the injury was not occasioned by the wilful intention of the injured employee to bring about the injury or death of himself or of another.

(d) That the injury did not result solely from the intoxication of the injured employee while on duty.

Ibid, sec. 62. 1916, ch. 597. 1916, ch. 86.

63. Definitions as used in this Act:

1. "Extra-harzardous employment" means a work or occupation described in Section 32 of this Act.

2 "Employer," except when otherwise expressly stated, means a person, partnership, association, corporation, and the legal representatives of a deceased employer or the receiver or trustee of a person, partnership, association or corporation employing workmen in extra-hazardous employments.

3. "Employee" means a person who is engaged in an extrahazardous employment in the service of an employer, carrying on or conducting the same upon the premises or at a plant, or in the course of his employment away from the plant of his employer, and shall not include farm laborers. "Farm laborers," as used in this Act, shall mean any employees who, at the time

of the accident, are engaged in rendering any agricultural service, including the threshing and harvesting of crops, or who, at the time of the accident, are engaged in service incidental to and in connection with agricultural pursuits or developments, whether the employer be the farmer or other person undertaking or contracting with the farmer to perfom any such agricultural service, pursuit or development. This Act shall not apply to farm laborers, domestic servants, nor to country blacksmiths, wheelwrights or similar rural employments, nor in any case where the accident occurred before this Act takes effect, nor to casual employees or any empolyee whose salary is in excess of two thousand dollars a year, or any employees who are employed wholly without the State.†

4. "Employment" includes employment only in a trade, business or occupation carried on by the employer for pecuniary gain.

5. "Compensation" means the money allowance payable to an employee or to his dependents as provided for in this Act, and includes funeral benefits provided therein.

6. "Injury" and "Personal Injury" mean only accidental

See opinion of S. I. A. C., Claim 287, William Smith, employee, for medical services when injury did not arrive in the course of employment. Not allowed. See opinion of S. I. A. C., Claim 857, Arthur P. Decker, employee. Claim that workman was stabbed by a fellow-workman. Claim disallowed. See opinion of S. I. A. C., Claim 315, Thomas Hughes, employee, party injured going to work. Claim disallowed. See opinion of S. I. A C., Claim 4199, Marie Bothner, employee, as to right of accident arising out of and in the course of her employment. The claimant was employed as a dipper in an enameling department, which had to be emptied several times a day. The employee claimed that in emptying the tub she had injured herself so as to cause a lump on her left side. Claim was allowed. (Daily Record, February 3, 1916.) See opinion of S. I. A. C.. Claim 4698, Samuel J. Owens, employee, as to effect when foreman took injured employee beyond the scope of his employment. The claim was disallowed. (Daily Record, April 17, 1916.) See opinion of S. I. A. C., Claim 285, Charles H. Meile, employee, horseplay. Claim disallowed. See opinion of S. I. A. C., Clair 335. Martha Heinmiller, employee. Claim based upon injury when going to work and claim disallowed. See opinion of S. I. A. C., Claim 435, Charles P. Nelson, em ployee. Claim based upon going to work and disallowed as not being received in the course of employment. See opinion of S. I. A. C., Claim 476, Harold Keene, employee. Claim based upon injury while going to supper. Disallowed- See opinion of S. I. A. C., Claim 1550, Max Altbroit, employee, held that evidence showed relation of master and servant and claim allowed.

See opinion of S. I. A. C., Claim 1643, Samuel Baemel, employee, as to injury arising in course of ployment. Employee was pushed by another workman while they were resting and injured. Claim disallowed. See opinion of S. I. A. C., Claim 1641, Henry Onley, employee, as to casual employment.

injuries arising out of and in the course of employment, and such disease or infection as may naturally result therefrom.*

7. "Death," when mentioned as a basis for the right to compensation, means only death resulting from such injury.

8. "Average weekly wages" for the purposes of this Act shall be taken to mean the average weekly wages earned by an employee when working on full time.†

9. "State Accident Fund" means the State Insurance Fund provided for in Section 16 of this Act.

10. "Child" shall include a posthumous child and a child legally adopted prior to the injury of the employee.

11. "Beneficiary" means a husband, wife, child, children or dependents of an employee in whom shall vest a right to receive payment under this Act.

12. "Mining" means all underground workings by shaft, drift, slope or otherwise, for the securing, removing and taking out from under the ground, coal, iron ore, clays and all other minerals and mineral substances, found in and under the earth, and shall mean all work done by any miner or em ploye working in and about said mines in said shafts, slopes, headings, tunnels, rooms and other subterranean places therein, for the purposes of obtaining and removing therefrom all such minerals and mineral substances, and the benefits of this Act shall be extended to any employe, or in case of his death, to his dependent relatives, otherwise entitled, who shall be killed or injured while so working or employed therein, and such mineworker shall be deemed to be wholly employed in the State of

This subsection is an amendment made by the Legislature of 1916, ch. 397. See opinion of S. I. A. C., Claim 533, Henry Roemer, employee, as to burden of proof. See opinion of S. I. A. C., Claim 503, Cyrus J. McClain, employee. Ap. proximate cause, apoplexy. The claim was disallowed. See opinion of S. I. A. C., Claim 1618, Luther H. Galloway, employee. Disease vs. injury. See opinion of S. I. A. C., Claim 2799, Meyer Snyder, employee, as to occupational disease. See opinion of S. I. A. C., Claim 2067, Rufus C. Fleetwood, employee, as to disease vs. injury and predisposing physical condition. See opinion of S. I. A. C., Claim 2095, Sarah Pollock, claimant, as to blood poisoning, approximate cause and burden of proof. See opinion of S. I. A. C., Claim 1177, Frank W. Krug, employee, as to personal injury and occupational disease. See opinion of S. I. A. C., Claim 1823, Harry Cohen, employee, as to occupational disease. See opinion of S. I. A. C., Claim 1387, Winfield Hensley, employee, disease or injury.

See opinion of S. I. A. C., Claim 409, William Keating, employee, as to average daily wages. As this sub-section now reads, it is an amendment made by section 63, sub-section 6, of the Acts of 1916, ch. 597.

Maryland, and entitled to the benefits of this Act, if the tipple, mouth or principal mine entrance in and about which he works is situated in this State, notwithstanding such shaft, heading, slope or other subterranean tunnel may extend underground into an adjoining State, and notwithstanding such mine-worker so employed in this State may be killed or injured while working in said mine beyond the lines of this State and within the lines of an adjoining State.*

1914, ch. 800, sec. 63.

64. The sum of forty thousand dollars ($40,000) annually for the years 1914, 1915 and 1916, or so much thereof as may be necessary anuually for the maintenance of the State Industrial Accident Commission, and the payment of the salaries and expenses of said Commission and its officers and employees, and so much thereof, if any, as may be necessary to maintain a solvent State Accident Fund, is hereby appropriated, and shall be payable on the order or orders of the said Commission from time to time, as in this law provided; and the Comptroller shall draw his warrant upon the Treasurer of Maryland, as in law provided, for the annual appropriations. And a further appropriation is hereby made of the sum of fifteen thousand dollars for the year 1914, for the necessary expenses of the aforesaid State Industrial Accident Commission to cover printing, office fixtures and such other legitimate expenses as the Commission may incur in establishing their office, or offices, as in this Act contemplated, and the Comptroller of the State of Maryland shall draw his warrant upon the Treasurer of Maryland for the said sum of fifteen thousand dollars ($15,000), or any part thereof, upon the order or orders presented to the State Comptroller by the said State Industrial Accident Commission.

65. Chapter 153 of the Acts of 1910, as amended by Chapter 445 of the Acts of 1912 of the General Assembly of Maryland be and the same are hereby repealed, except for the purpose of providing confirmation for all claims which may arise thereunder, prior to the first day of November, 1914; and if after all

Being the amendment made by Chapter 86 of the Acts of 1916.

such claims are paid there be a surplus in the fund, it shall be turned over to the Treasurer of Maryland for the account of the State Industrial Accident Fund, but if there be a deficit in said fund at the time this Act takes effect as between employers and employees, the payments provided for under Chapter 153 of the Acts of 1910, as amended by Chapter 445 of the Acts of 1912, shall be continued by the employer and employees of Allegany and Garrett counties to the Treasurers of said counties until such pending claims are paid, when said payment shall cease.

66. The Acts of 1902, Chapter 139, and the Acts of 1912, Chapter 837, be and the same are hereby repealed; and that all Acts or parts of Acts in conflict with this Act are hereby repealed to the extent that they conflict with this Act and no further.

67. This Act shall take effect from the date of its passage, but that its application as between employers and employes shall date from and include the first day of November, one thousand nine hundred and fourteen.