the substantial rights of the parties and to carry out justly the spirit of this act. Sec. 29. The Board shall have the power:-(a) To inspect or cause to be inspected the premises where the injury occurred. (b) To require any books or papers, tools, or other movable chattels to be produced or inspected. (c) To require any employe claiming compensation to be physically examined by a physician appointed by the Board. (d) To apply to the Circuit Court for an order and said Circuit Court shall have power to issue such order compelling the attendance before said board of witnesses or parties and the production of books, papers,. records, or chattels. (e) To administer oaths. Sec. 30. The Board shall make its findings in writing in such terms as it shall decide to be consistent with the facts and the spirit and powers of this act and in substantially the following form: 1. Title of the claim. 2. We find in the above case that (employe's name) on (date), received injuries arising in and growing out of the course of the employment of (employer's name) at (place), while working at the job of (kind of work), and was receiving as wages the sum of $.... per payable...... 3. That the injuries appear now to be and are as follows: 4. That for (temporary, etc.) disability it is hereby found and awarded that the said employer shall pay compensation in the amount of $...... in all, payable to the following persons (names) during (length of period). 5. (Amount of compensation, if any, allowed to attorney or other agent.) 6. (Any further or different material matters that conform to the facts.) Sec. 31. The findings shall thereupon be filed by the Board of Arbitrators with the clerk of the Circuit Court of the County who shall forthwith notify the parties in writing of such filing. Sec. 32. The expenses of such arbitration shall be fixed by the Probate Court as it shall deem just upon five days' notice to the employer, and shall be paid by the employer. The compensation allowed each arbitrator shall not exceed five dollars per day actual time necessarily spent in the hearing and determining of the issues, together with the expenses incurred in performance of their duty. Sec. 33. An arbitration as prescribed herein shall be a condition precedent to any action brought to enforce the payment of any compensation under this act. Sec. 34. Should either party to any controversy before a board of arbitrators, after findings have been filed as above provided, fail to comply with the terms of said findings the other party may, upon five days' written notice to the one in default apply for judgment thereon in said Circuit Court. The findings of said Board so filed shall be prima facie evidence upon which the said Circuit Court shall thereupon render a judment in accordance therewith unless the opposing party shall before said judgment is rendered file a written demand for a further trial of the issues involved. If such further trial be demanded the cause shall be placed upon the docket of said circuit court and set for hearing in the discretion of the court at as early a date as the business of said court will warrant. In such further trial the findings of the said Board of Arbitrators shall be admissible as evidence of the facts found therein. Such cause shall be heard by the court without a jury and the burden of proof shall be upon the party opposing the finding of the Board of Arbitration. Any judgment entered thereon shall be in accordance with the provisions of this act and execution shall issue thereon only for such sum as shall from time to time become due under the provisions of this act. Sec. 35. Any person entitled to weekly payments under this act from any employer shall have the same preferential claim therefor against the assets of the employer as is now allowed by law for a claim by such person against such employer for unpaid wages or personal services, but the same shall not, if accrued against a corporation, become at any time a personal liability against the stockholders thereof. Sec. 36. The Board of Arbitrators shall fix the amount of compensation which any attorney or other agent of an employe or dependent shall be entitled to receive for services out of the sum awarded as compensation, and such award shall be subject to review by the Probate Court, and shall be confirmed by said Probate Court before the same shall be payable. Sec. 37. Any such employer or any association of employers may keep the risks created by this law insured to the full liability under this law, in associations or insurance companies approved by the insurance department of this State. Sec. 38. Any person or persons who shall become entitled to compensation under the provisions of this act shall, in the event of his inability to recover such compensation from the employer on account of his insolvency or other cause, be subrogated to all the rights of such employer against any insurance company or association which may have insured such employer against loss growing out of the compensation required by the provisions of this act to be paid by such employer, and in such case only a payment of the compensation that has accrued to the person or persons entitled thereto in accordance with the provisions of this act shall relieve such insurance company from such liability. Sec. 39. The making of a lawful claim against an employer for compensation under this act for the injury or death of his employe and the payment of compensation in accordance with an award thereunder shall cperate as an assignment of any assignable cause of action in tort which the workman or his dependent or his personal representative may have against any other party for such injury or death, and such employer may enforce in his own name the liability of such other party. Sec. 40. In case an injured workman shall be mentally incompetent at the time when any right or privilege accrues to him under this act, a guardian of the incompetent appointed pursuant to law, may, on behalf of such incompetent, claim and exercise any such right or privilege with the same force and effect as if the workman himself had been competent and had claimed or exercised any such right or privilege; and no limitation of time herein provided for shall run so long as an incompetent workman has no guardian. Sec. 41. Nothing in this act contained shall be construed as impairing the right of parties interested after the injury or death of a workman, to compromise and settle upon such terms as they may agree upon, any liability which may be claimed to exist under this act on account of such injury or death, nor as conferring upon the dependents of an injured workman any interest which he may not divest by such settlement or for which he or his estate shall, in the event of such settlement by him, be accountable to such dependents or any of them: Provided, That any settlement made as herein provided, shall secure to any such employe benefits of value substantially equal to the benefits provided in this act, and shall be approved by the Judge of Probate of the county in which such injury occurred. And provided further, that the amount of any compensation claimed by an attorney or agent of the employe for services rendered in securing such settlement shall be likewise approved by the said Judge of Probate. Sec. 42. It shall be the duty of every employer of labor within this State to report between the 15th and 25th of each month to the Commissioner of Labor all accidents or injuries to any of his workmen which accidents or injuries entail a loss to the workman of more than one week's time, and in case the injury results in permanent disability, such report shall be made as soon as it is determined that such permanent disability has resulted or will result from such injury; all such reports shall state the date of the injury, including the time of day or night, the nature of the employer's business, the age, sex and members of the family of the injured person, the specific occupation of the injured person, the direct cause of injury, and the nature of the accident, the nature of the injury, the length of disability and, in case of death, the length of disability before death, the wages of the injured person, whether compensation under this act has been paid to the injured person or to his dependents the amount of such compensation paid, the amount paid for physician's, surgeon's and hospital bill, and by whom paid, and the amount paid for funeral or burial expense, if known, and any amount paid, otherwise than as compensation under this act, to the injured person, his representatives, heirs or dependents, either by such employer or by any association to which such employer may have contributed. By the Committee on Judiciary: The Committee on Judiciary reports House bill No. 212 (file No. 78), entitled A bill relative to the loaning of money and prescribing rates of interest, penalties and forfeitures for violations of the provisions of such act, and repealing Acts Nos. 334 and 337 of the Public Acts of 1907; With the recommendation that the bill pass. CHAS. E. WHITE, Chairman. The report was accepted and adopted and the committee discharged. The bill was referred to the committee of the whole and placed on the general orders. By the Committee on Judiciary: The Committee on Judiciary reports Senate bill No. 379 (file No. 352), entitled A bill to amend section 1 of chapter 165 of the Revised Statutes of 1846, entitled "Of trials in criminal cases," the same being section 11942 of the Compiled Laws of 1897; With the recommendation that the bill pass. CHAS. E. WHITE, Chairman. The report was accepted and adopted and the committee discharged. The bill was referred to the committee of the whole and placed on the general orders. By the Committee on Judiciary: The Committee on Judiciary reports Senate bill No. 406 (file No. 381), entitled A bill to authorize guardians of mentally incompetent persons, spendthrifts, or habitual drunkards to convey lands in pursuance of contracts executed prior to the guardianship of such persons; With the recommendation that the bill pass. CHAS. E. WHITE, Chairman. The report was accepted and adopted and the committee discharged. The bill was referred to the committee of the whole and placed on the general orders. By the Committee on Judiciary: The Committee on Judiciary reports Senate bill No. 399 (file No. 374), entitled A bill to amend sections 9, 14 and 17 of chapter 55 of the Revised Statutes of 1846, entitled "Of general provisions relative to corporations," the same being sections 8535, 8540 and 8543 of the Compiled Laws of 1897; With the recommendation that the bill pass. CHAS. E. WHITE, Chairman. The report was accepted and adopted and the committee discharged. The bill was referred to the committee of the whole and placed on the general orders. By the Committee on Judiciary: The Committee on Judiciary reports Senate bill No. 257 (file No. 242), entitled A bill to amend sections 3 and 4 of Act No. 478 of the Local Acts of 1905, entitled "An act to provide for the creation of a board of county auditors for the county of Kent, to prescribe the powers and duties of its members and provide for their compensation," approved April 19, 1905; With the following amendment thereto : By striking out of line 10 of section 3 the word "eight" and inserting in lieu thereof the word "six." Recommend that the amendment be concurred in, and that when so amended the bill pass. CHAS. E. WHITE, Chairman. The report was accepted and adopted and the committee discharged. Mr. White moved that the Senate concur in the amendment made to the bill by the committee. The motion prevailed. Mr. Mapes moved that the rules be suspended, and that the bill be placed on its immediate passage. The motion prevailed, two-thirds of the Senators present voting therefor. The bill was then read a third time and passed, a majority of the Senators-elect voting therefor, by yeas and nays, as follows: By the Committee on Elections: Senate bill No. 242 (file No. 230), entitled A bill to limit candidates' election expenses; to define, prevent and punish corrupt and illegal practices in nominations and elections; to secure and protect the purity of the ballot; to provide for furnishing information to the electors, and to provide the manner of conducting contests for nominations and elections in certain cases; With the following amendments thereto : 1. By striking out all of section 5 after line 35. 2. By striking out all of section 5, after the word "person" in line. 11 and down to and including the word "campaign" in line 24. 3. By striking out of line 7 of section 8 the word "district" before the word "attorney" and inserting in lieu thereof the word "prosecuting." 4. By striking out of line 7 of section 8 the word "district" and inserting in lieu thereof the word "county." 5. By striking out of line 9 of section 8 the word "district" after the word "said" and inserting in lieu thereof the word "prosecuting." By striking out of line 9 of section 9 the word "district" and inserting in lieu thereof the word "prosecuting." 7. By striking out of line 2 of section 19 the words "an election" and inserting in lieu thereof the words "a nomination." 8. By striking out of lines 4 and 5 of section 20 the words "temporal or spiritual." |