for noncompliance therewith," approved July 19, 1913, shall be sufficient compliance with this section, if such report be made within said period of seven days and shall state that the employer making the same is a subscriber to the Fund: Provided, That nothing in this section shall discharge any employer from the duty of supplying the medical and surgical services, medicine, and supplies required by section three hundred and six of the Workmen's Compensation Act of 1915: And provided further, That any subscriber who has supplied such services, medicines, and supplies shall be reimbursed therefor from the Fund.

SEC. 21. In every case where a claim is made against the Fund, the Fund shall be entitled to every defense against such claim that would have been open to the employer, and shall be subrogated to every right of the employer arising out of such accident against the employee, the dependents, and against third persons. The Fund may, in the name of the State Workmen's Insurance Fund, sue in any county of this Commonwealth, or be sued, in the court of common pleas of Dauphin County, to enforce any right given against or to any subscriber or other person under this act or the Workmen's Compensation Act of 1915; and the proceedings provided in article four of the Workmen's Compensation Act of 1915 may be instituted by or against the Fund, in the said name, to enforce, before the Board of Workmen's Compensation or any Referee thereof, the rights given to or against the said Fund by the Workmen's Compensation Act of 1915.

SEC. 22. Upon receipt of a notice or statement of knowledge of an accident to an employee of a subscriber occurring in the course of his employment the said Board shall, if it deem necessary, cause an investigation to be made by an inspector appointed by it or an inspector of the Department of Labor and industry.

SEC. 23. The Board is hereby empowered to execute the agreements provided in the Workmen's Compensation Act of 1915 and to appoint such agents and make such rules as they may deem necessary for this purpose. When any such agreement has been approved by the Bureau the same shall be properly filed and docketed, and the Board shall from time to time, until such agreement shall be modified or terminated, as provided in the Workmen's Compensation Act of 1915, issue such warrant or warrants as may be necessary to pay the sums therein agreed upon. Such warrant or warrants shall be signed by a member of the said Board or an agent appointed by the said Board for this purpose and shall be mailed to the person or persons entitled thereto under such agreement. When any award is made by the Board of Workmen's Compensation or by a Referee designated by the Bureau in any proceedings brought by an employee of a subscriber or the dependents of such employee against the said Fund such award shall be filed and docketed; and the State Workmen's Insurance Board shall from time to time, until such award is modified, reversed, or terminated, issue such warrant or warrants as may be necessary to pay the sums therein lawfully awarded against the said Fund. Such warrant or warrants shall be signed by a member of the State Workmen's Insurance Board or by an agent appointed by the Board for that purpose and shall be mailed to the person or persons entitled thereto under such award.

SEC. 24. All payments to employees, dependents of deceased employees, physicians, attorneys, investigators, and others entitled to be paid out of the Fund shall be made by the State Treasurer on a warrant of the Board as aforesaid. But where periodical installments are required to be paid under article three of said Workmen's Compensation Act of 1915, a single warrant shall be sufficient to authorize such periodical payments, but upon the modification of any agreement or award, in accordance with the provisions of article four, section four hundred and twenty-six of the Workmen's Compensation Act of 1915, or

upon review by the court, the Board shall issue a further warrant in accordance with such subsequent agreement or such modification, and such warrant when issued shall supersede and cancel the previous warrant.

SEC. 25. Information acquired by the Fund, its officers, and employees, from employers, employees, or insurance corporations or associations shall not be open to public inspection.

SEC. 26. The Board may, with the approval of the Governor, appoint a manager, at a salary not to exceed seven thousand five hundred dollars; an assistant manager, at a salary not to exceed four thousand dollars; an actuary, at a salary not to exceed four thousand five hundred dollars; and may, with the approval of the Governor, appoint at salaries fixed by the Board, with the approval of the Governor, such underwriters, bookkeepers, comptrollers, auditors, inspectors, examiners, medical advisers, agents, assistants, and clerks as may be necessary for the proper administration of the fund and the performance of the duties imposed upon the Board by the provisions of this act. The Commissioner of Labor and Industry shall include in his annual report a full and complete statement of the administration of the said Fund.

SEC. 27. The Attorney General shall ex officio be the general counsel of the Board. He shall appoint, at an annual salary or salaries to be fixed by him, 'not to exceed in the aggregate the sum of ten thousand dollars, an attorney or attorneys who shall act as counsel for the Board.

SEC. 28. The sum of three hundred thousand dollars, or so much thereof as may be necessary, is hereby appropriated for the expenses of the organization and administration of the said Fund.

SEC. 29. This act shall take effect on July 1, 1915.

PREMIUM RATES-REGULATION.

LAWS 1915, P. 769.

JUNE 2, 1915.

AN ACT regulating policies of insurance against liability arising under article three of the Workmen's Compensation Act of 1915; providing for the regulation of premium rates therefor; and providing penalties for the violation thereof.

SEC. 1. Be it enacted, etc.:

That no policy of insurance against liability arising under article three of the Workmen's Compensation Act of 1915 shall be made, unless the same shall contain the agreement of the insurer that, in the event of the failure of the insured promptly to pay any installment of compensation insured against, the insurer will forthwith make such payments to the injured employee or the dependents of the deceased employee, and that the obligations shall not be affected by any default of the insured, after the accident, in the payment of premiums, or in the giving of any notices required by such policy, or otherwise. Such agreement shall be construed to be a direct promise to such injured employee and to such dependents, enforceable by action brought in the name of such injured employee or in the name of such dependents.

SEC. 2. No suit shall be maintained for the collection of premiums upon any such policy of insurance, unless said covenant is contained in said policy.

SEC. 3. No policy of insurance against liability arising under said article of said act shall contain any limitation of the liability of the insurer to an amount less than that payable by the insured on account of the risk insured against under said article of said act; nor shall any such policy contain any limitation of the total liability of the insurer because of injuries to two or more persons in a single accident; nor shall any action be maintained for the collection of premiums on any policy violating this section; but policies may be issued to employers insuring them against their liability, under the said article, to any designated class or part of their employees, or against any

particular hazard to which their employees or any class or part thereof may be exposed.

SEC. 4. The State Workmen's Insurance Fund, and every insurance association, and corporation which insures employers against liability for compensation under the Workmen's Compensation Act of 1915, shall file with the Commissioner of Insurance its classification of risks and premiums, together with basis rate and schedule or merit ratings, if a system of schedule or merit rating be in use; none of which shall take effect until the Commissioner of Insurance shall have approved the same as adequate for the risks to which they respectively apply. The Commissioner of Insurance may withdraw his approval of any premium rate or schedule made by the State Workmen's Insurance Fund, or any insurance corporation or association, if, in his judgment, such premium rate or schedule is inadequate to provide the necessary reserves. Such premium rates or system of schedule or merit rating shall take no account of any physical impairment of employees or the extent to which employees have persons dependent upon them for support.

On and after January 1, 1916, neither the State Workmen's Insurance Fund nor any insurance association or corporation may issue, renew, or carry beyond anniversary date any insurance for compensation under the Workmen's Compensation Act of 1915, at premium rates which are less than those approved by the Commissioner of Insurance for such carrier as adequate for the risks to which they respectively apply: Provided, however, That if the Commissioner of Insurance shall have previously approved a system of schedule or merit rating, filed with him by the State Workmen's Insurance Fund or any insurance association or corporation, it may apply the same to risks subject thereto; but any reduction from the basis rate filed with and approved by the Commissioner of Insurance on account of the application of such system of schedule or merit rating, shall be clearly set forth in the insurance contracts or the indorsements attached thereto.

The statistical and actuarial data compiled by the State Workmen's Insurance Fund shall at all times be available to the State Insurance Commissioner for his use in judging the adequacy or inadequacy of rates and schedules filed, and it shall be the duty of the manager of the State Workmen's Insurance Fund to render all possible assistance to the State Insurance Department in carrying out the provisions of this act.

The Commissioner of Insurance may require every insurance association or corporation which insures employers or employees under the Workmen's Compensation Act of 1915, to file with its annual statement a sworn report of its loss experience in such detail and form as may be prescribed by the Commissioner of Insurance.

The Commissioner of Insurance shall have the power to suspend or revoke the license of any insurance association or corporation which violates any of the provisions of this act.

SEC. 5. All acts and parts of acts inconsistent herewith are hereby repealed.

EXEMPTION-SUPPLEMENT.

LAWS 1915, P. 777.

JUNE 3, 1915.

A SUPPLEMENT to an act, entitled "The Workmen's Compensation Act of 1915," to exempt domestic servants and agricultural workers from the provisions thereof. SEC. 1. Nothing contained in any article or any section of an act entitled the Workmen's Compensation Act of 1915 shall apply to or in any way effect any person who, at the time of injury, is engaged in domestic service or agriculture. 125672°-2063

EXPENSES FOR ADMINISTERING FUND.

LAWS 1917, P. 1139.

JULY 20, 1917.

AN ACT to amend an act approved June 2, 1915, entitled "An act, etc. (same as in sec. 1), by making money paid in premiums by subscribers available for the payment of expenses for administering the State Fund, and by increasing the salary of the assistant manager.

SEC. 1. Be it enacted, etc.:

That section 8 of the act approved June 2, 1915, entitled “An act providing for the creation and administration of a State Fund for the insurance of compensation for injuries to employes of subscribers thereto; declaring false oaths by the subscribers to be misdemeanors; and providing penalties for the violation thereof," which reads as follows (here follows sec. 8 of the act of 1915, see page 987), is hereby amended to read as follows:

SEC. 8. The expenses of the organization and administration of the Fund shall, until the first day of July, 1919, be paid out of the money appropriated by section 28 of this act, and out of such money, paid in premiums by subscribers, as is made available for the expenses of the administration of the Fund by section 11 of this act.

The expenses of the administration of the Fund shall, after the first day of July, 1919, be paid out of such money, paid in premiums by subscribers, as is made available for the expenses of the administration of the Fund by section 11 of this act.

SEC. 2. That section 11 of said act, which reads as follows: (here follows sec. 11 of the act of 1915, see page 988), is hereby amended to read as follows: SEC. 11. The money paid in premiums by subscribers is hereby made available for the expenses of administering the Fund. The Board shall keep an accurate account of the money paid in premiums by the subscribers, and the disbursements on account of injuries to the employes thereof and on account of administering the Fund; and if, at the expiration of any year, there shall be a balance remaining, after deducting such disbursements, the unearned premiums or undetermined risks, and the percentage of premiums paid or payable to create or maintain the surplus provided in section 9 of this act, and after setting aside an adequate reserve, so much of the balance as the Board may determine to be safely distributable shall be distributed among the subscribers, in proportion to the premiums paid by them; and the proportionate share of such subscribers as shall remain subscribers to the Fund shall be credited to the instalment of premiums next due by them, and the proportionate share of such subscribers as shall have ceased to be subscribers in the Fund shall be refunded to them, out of the Fund, in the manner hereinafter provided.

SEC. 3. That section 26 of said act, which reads as follows: (here follows sec. 26 of the act of 1915, see page 992), is hereby amended to read as follows:

SEC. 26. The Board may, with the approval of the Governor, appoint a manager, at a salary not to exceed seven thousand five hundred dollars; an assistant manager, at a salary not to exceed six thousand dollars; an actuary, at a salary not to exceed four thousand five hundred dollars; and may, with the approval of the Governor, appoint at salaries fixed by the Board, with the approval of the Governor, such underwriters, bookkeepers, comptrollers, auditors, inspectors, examiners, medical advisers, agents, assistants, and clerks as may be necessary for the proper administration of the Fund and the performance of the duties imposed upon the Board by the provisions of the act. The Commissioner of Labor and Industry shall include in his annual report a full and complete statement of the administration of the said Fund.

SEC. 4. The provisions of sections 1 and 2 of this act shall become effective on the first day of January, 1918. The provisions of section 3 of this act shall become effective upon approval by the Governor.

WRONGFUL DEATH.

ACTIONS-LIMITATION.

LAWS 1851, 669, P. 674.

AN ACT

relative

APRIL 15, 1851.

to actions for damages sustained by injuries done to the person by negligence or default.

SEC. 1. Be it enacted, etc.:

SEC. 18. That no action hereafter brought to recover damages for injuries to the person by negligence or default, shall abate by reason of the death of the plaintiff; but the personal representatives of the deceased may be substituted as plaintiff, and prosecute the suit to final judgment and satisfaction. SEC. 19. That whenever death shall be occasioned by unlawful violence or negligence, and no suit for damages be brought by the party injured during his or her life, the widow of any such deceased, or if there be no widow the personal representatives, may maintain an action for and recover damages for the death thus occasioned.

PERSONS ENTITLED TO DAMAGES.

LAWS 1855, P. 309.

APRIL 26, 1855.

AN ACT relating to damages for injuries producing death.

SEC. 1. Be it enacted, etc.:

That the persons entitled to recover damages for any injury causing death shall be the husband, widow, children, or parents of the deceased, and no other relative; and the sum recovered shall go to them in proportion they would take his or her personal estate in case of intestacy, and that without liability to creditors. (Amended. See following act.)

SEC. 2. That the declaration shall state who are the parties entitled in such action; the action shall be brought within one year after the death, and not thereafter.

ANNOTATIONS.

DAMAGES FOR DEATH-ACTS 1851, 1855.

1. PURPOSE OF ACT-COMPENSATION.

2. MEASURE OF DAMAGES.

3. KNOWLEDGE OF DANGER-RECOVERY.

4. FELLOW SERVANTS-NEGLIGENCE-LIABILITY OF OPERATOR.

5. NEGLIGENCE OF CONTRACTOR-LIABILITY OF OPERATOR.

6. DEATH OF SUING PARENT-ABATEMENT OF ACTION.

1. PURPOSE OF ACT-COMPENSATION.

The object of the act of April 15, 1851 (P. L. 674), as well as of the act of April 26, 1855 (P. L. 309), was to provide a mode by which the family of a person who lost his life under circumstances named might recover a reason