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SEC. 871-40. No court of this state except the supreme court to the extent specified by this act, shall have jurisdiction to review, vacate, set aside, reverse, revise, correct, amend or annul any order of the industrial commission of Ohio, or to suspend or delay the execution or operation thereof or to enjoin, restrain or interfere with the commission in the performance of its official duties, provided that the writ of mandamus shall lie from the said supreme court to the commission in all proper cases.

(Io3 O. L., Io8.)

NOTE See Section 57 of 103 O. L., 524, for similar pro

visions.

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SEC. 871-41. The pendency of an action to set aside, vacate or amend an order of the commission shall not of itself stay or suspend the operation of an order of the conmission; but, during the pendency of said action the said supreme court in its discretion may stay or suspend, in whole or in part, the operation of the commission's order. But no order so staying or suspending an order of the commission shall be made by the said court otherwise than upon three days' notice and after hearing. In case the order is stayed or suspended the order of the court shall not become effective until a suspending bond first shall have been executed, filed with and approved by the commission, or by the said court or the clerk thereof, payable to the state of Ohio, and sufficient in amount and security to insure the prompt payment by the party petitioning to set aside, vacate or amend such order of all damages caused by the delay in the enforcement of the order of the commission.

(Io3 O. L., Io8.)

SEC. 871-42. All actions and proceedings under this act, and all actions or proceedings to which the industrial commission of Ohio or this state of Ohio may be parties, and in which any question arises under this act, or under or concerning any order of the industrial commission, shall be preferred over all other civil cases, except election causes and causes involving or affecting the public utilities commission of Ohio, irrespective of position on the calendar. The same preference shall be granted upon application of the attorney of the industrial commission in any action or proceeding in which he may be allowed to intervene.

(Io3 O. L., Iog.)

SEC. 871 43. If any employer, employe or other person shall violate any provision of this act or shall do any act prohibited by this act or shall fail or refuse to perform any duty lawfully enjoined, within the time prescribed by the commission, for which no penalty has been specific lly provided, or fail, neglect or refuse to obey any lawful o.der given or made by the commission, or any judgment or decree made by any court in connection with the provisions

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Every day a separate violation.

Section or part

shall not affect

of this act, for each such violation, failure or refusal such employer or other person shall be fined not less than fifty dollars nor more than one thousand dollars for the first offense and not less than one hundred nor more than five thousand dollars for each subsequent offense.

(Io3 O. L., Io9.)

The fact that this section makes a violation of any provision of the Industrial Commission Act (G. C. Sec. 871-1 to 871-45) a crime, indicates that the provisions of G. C. Sec. 871-15 and Sec. 871-16, were not intended to set up a specific standard of conduct for employers, a violation of which would subject the employer to liability although he had complied with the provisions of the Workmen's compensation act: Woodenware Manufacturing Company vs. Schorling, 96 O. S. 305.

SEC. 871-44. Every day during which any person, persons or corporations, or any officer, agent or employe thereof shall fail to observe and comply with any order of the commission, or to perform any duty enjoined by this act shall contitute a separate and distinct violation of such order or said section as the case may be.

(Io3 O. L., Iog.)

SEC. 871-45. The sections of this act, and every part held to be void of such sections, are hereby declared to be independent secand other sections, and parts of sections and the holding of any section or part thereof to be void or ineffective shall not affect any other section or part thereof.

tion or part.

(Io3 O. L., Iog.)

NOTE. See Section 59 of 103 O. L. 72, for similar provisions,

RULES AND REGULATIONS OF THE INDUSTRIAL COMMISSION OF OHIO GOVERNING THE APPLICATION

OF THE WORKMEN'S COMPENSATION

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RULES GOVERNING THE APPLICATION OF EMPLOYERS

FOR CLASSIFICATION AND RATING.

Rules Governing the Application of Employers for Classification and Rating apply to employers who desire to carry their own risks. and to pay compensation, etc., directly to their injured and the dependents of their killed employes, as well as to those who contribute to the state insurance fund in the regular way, for the reason that G. C. Sec. 1465-69, requires such employers to pay into the state insurance fund such amount or amounts as are required to be credited to the surplus, provided in paragraph 2 of G. C. Sec. 1465-54, which provides that 10% of all premium receipts shall be set aside as a surplus fund until such fund amounts to $100,000 and thereafter it shall be not more than 5%.

RULE I. Employers subject to the provisions of the workmen's compensation law shall make application to The Industrial Commission of Ohio setting forth the name and address of the applicant, location of all places where employes are employed, a description of the work done, or industry conducted at each such place, the estimated average number of employes in each kind of work and the estimated total payroll for the ensuing six months, and such other information as may be requested by the commission.

RULE II. Upon receipt of the application described in Rule I, the employment of the applicant will be classified by the Actuarial Division and the applicant advised as to his classification, rate and the amount of his first semi-annual premium, and at the same time will be furnished with a pay-in-order authorizing the Treasurer of State to receive from applicant the amount of such premium.

RULE III. Upon being advised as to his classification and rate and the amount of his first semi-annual premium, it will be the duty of the applicant to pay to the Treasurer of State, as custodian of the state insurance fund of Ohio at his office in the city of Columbus, Ohio, the sum designated by the commission in the pay-in-order, and the protection of the applicant and his employes will date from the first following week day, not a holiday, after the day on which such payment is actually received by the Treasurer of State.

RULE IV. Applications must be made upon forms furnished by the commission.

Forms of application will be furnished by The Industrial Commission to all employers requesting the same.

RULE V. At the expiration of the first six months' period and subsequent six months' period, renewals shall be made as provided in the Manual of Rules and Rates.

In the case of employers paying compensation direct under the provisions of G. C. Sec. 1465-69, in which an undertaking bond or other security is furnished or deposited by the employer, renewals of said

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