not theretofore reported, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500) dollars. And in case any employer engaged in an extra hazardous business or industry, as defined by this act, shail fail or refuse to pay the assessment upon his current monthly pay roll, as is required by this act, he shall be guilty of a misdemeanor and shall be punished by a fine of not more than five hundred ($500) dollars, Attorney and in addition to the said fine it shall be the duty of the attorney general. general of this State to immediately bring suit in the name of the State for the benefit of the industrial accident fund against such employer for the collection of such assessment, and if a judgment for the recovery of said assessment be given in favor of the State for the use and benefit of the industrial accident fund said judgment shall be for double the amount of the pay-roll assessment provided by section 16 hereof, together with costs. Permanent total disability. Temporary total disability, Burial penses. Death fits. [Section 19 is amended by making the benefit for the loss of a fourth finger $100 instead of $75; for the loss of a great toe $150 instead of $100; for the loss of any other toe $75 instead of $50; and for the loss of an eye $900 instead of $700. The benefits in case of permanent total disability are fixed as follows:] (1) If unmarried at the time of injury a lump sum of $1,400. (2) If the workman had a wife or invalid husband, but no child under the age of sixteen (16) years, a lump sum of $1,600. (3) If the workman have a child or children under the age of sixteen (16) years, for any such child or children the lump sum provided in the preceding paragraph shall be increased by adding thereto sixty ($60) dollars per year for each child for each year until such child shall be of the age of sixteen (16) years, but the total amount of such increased sum allowed for children under sixteen (16) years shall not exceed in the aggregate a sum equal to one and one-half the sum allowed to the injured workman in any such case. [Clauses (c) and (d) (1) are amended so as to read as follows:] (c) "Temporary total disability" means an injury which temporarily incapacitates the injured person from performing any work at any gainful occupation for the time, but from which injury such person may recover by medical or surgical treatment and be able to resume work. In such cases, if the workman be unmarried at the time of the injury, he shall receive the sum of eighteen ($18) dollars per month, so long as the total disability shall continue. If he have a wife with whom he is living at the time of the injury, he shall receive twenty-four ($24) dollars per month, and if he have children under sixteen (16) years of age, he shall receive five ($5) dollars per month for each child under sixteen (16) years of age, but the total monthly payment shall not exceed forty ($40) per month. No compensation shall be allowed for the first ten days of disability unless the incapacity extends beyond the period of thirty days, in which case the compensation shall run from the time of the injury. As soon as recovery is so complete that the earning power of the workman at any kind of work is restored, the payments shall cease; but in no case shall the total payments made in such cases exceed in the aggregate the lump-sum amount herein specified to be paid an injured workman for injuries causing permanent total disability. ex- (d) Where death results from an injury, the expense of burial shall be paid not to exceed fifty ($50) dollars in any case; unless other arrangements exist between employer and employee, under agreement. bene (1) But if the workman leaves a widow or invalid widower, such surviving spouse shall receive a lump-sum payment of $1,200 to which shall be added a lump sum of sixty ($60) dollars per year for each surviving child under sixteen (16) years of age until the time when each of said surviving children shall become sixteen (16) years of age: Provided, That the aggregate sum so added on account of children under sixteen (16) years of age shall in no case exceed an amount equal to one and one-half times the lump sum provided to be paid the surviving spouse: And provided further, That if it be shown that the surviving spouse willfully deserted deceased without fault upon the part of the deceased, such surviving spouse shall not be regarded as a dependent in any degree, but in such cases the right of children under sixteen (16) years of age to compensation shall not be defeated, but the aggregate sum allowed them shall not exceed in the aggregate a sum equal to one and one-half the sum allowed the surviving spouse if there had been no desertion of the deceased. In all death cases where an order of compensation is made on account of children under sixteen (16) years of age or to persons incompetent, said fund shall be disbursed under a proper guardianship to be created by the court or judge making such an order. [Section 28 is amended by directing the report to be made "to the governor on or before the 31st day of December in each year," instead of to the legislature at its biennial sessions.] UNITED STATES. SIXTY-THIRD CONGRESS, SECOND SESSION. CHAPTER 293.-Compensation in the merchant marine, military and naval service-Bureau of War Risk Insurance. ARTICLE I. Bureau cre SECTION 1 (as amended by Act No. 90, Sixty-fifth Congress). There is established in the Treasury Department a bureau to be ated. known as the Bureau of War Risk Insurance, the director of which shall receive a salary at the rate of $5,000 per annum. There [shall] be in such bureau a division of marine and seamen's insurance and a division of military and naval insurance in charge of a commissioner of marine and seamen's insurance and a commissioner of military and naval insurance, respectively, each of whom shall receive a salary of $4,000 per annum. SEC. 2 (as amended by Act No. 20, Sixty-fifth Congress). * The Bureau of War Risk Insurance, subject to the general direction of the Secretary of the Treasury, shall, as soon as practicable, make provisions for the insurance by the United States, as further provided in section three a, of masters, officers, and crews of American merchant vessels against loss of life or personal injury by the risks of war, and for compensation during detention following capture by enemies of the United States whenever it shall appear to the Secretary that in any trade the need for such insurance exists. Merchant marine. Owners to SEC. 3a (added by Act No. 20, Sixty-fifth Congress). Whenever insure. it shall appear to the Secretary of the Treasury that the effecting of such insurance is desirable in the national interest in the case of vessels engaged in any trade, the owner of every American merchant vessel engaged in such trade shall insure the master, officers, and crew of such vessel against loss of life or personal injury from war risks as well as for compensation during detention by an enemy of the United States following capture. Such insurance shall be effected either with the Bureau of War Risk Insurance or insurance companies, and on terms satisfactory to the Secretary of the Treasury. Such insurance shall provide, and the Bureau of War Risk Insurance is authorized to write policies so providing Benefits for death or dis (a) In case of death, permanent disability which prevents the person insured from performing any and every kind of duty per- ability; taining to his occupation, or the loss of both hands, both arms, both feet, both legs, or both eyes, or any two thereof, for the payment of an amount equivalent to one year's earnings, or to twelve times the monthly earnings of the insured, as fixed in the articles for the voyage (hereinafter referred to as the principal sum), but in no case shall such amount be more than $5,000 or less than $1,500; (b) In case of any of the following losses, for the payment of the percentage of the principal sum indicated in the following tables: One hand, fifty per cent; Detention by capture. Payments. Claims. Secretary to insure, when. Appropria tion. Marriage. That the Bureau of War Risk Insurance may include in its policy undertakings to pay specified percentages of the principal sum for other losses or disabilities; and (c) In case of detention by an enemy of the United States, following capture, for the payment during the continuance of such detention of compensation at the same rate as the earnings of the insured immediately preceding such detention, to be determined in substantially the same manner as provided in subdivision (a) of this section. The aggregate payments under this section in respect to any one person shall not exceed the amount of the principal sum. Payments provided for in this section shall be made only to the master, officer, or member of the crew concerned, except that a payment for loss of life shall be made to the estate of the insured for distribution to his family free from liability of debt, and payment on account of detention by an enemy following capture shall be made to dependents of the person detained, if designated by him. No claim under this section shall be valid unless made by the master, officer, or member of the crew concerned, or his estate, or a person designated under this section, within two years after the date on which the President suspends the operations of this act in so far as it authorizes insurance by the United States. SEC. 3b (added by Act No. 20, Sixty-fifth Congress). In the event of failure of the owner of any vessel to effect insurance of the master, officers, and crew of such vessel prior to sailing, in accordance with section three a of this act, the Secretary of the Treasury is hereby authorized to effect such insurance with the Bureau of War Risk Insurance at the expense of the owner of such vessel, and the latter shall be liable for such expense and, in addition, to a penalty of not exceeding $1,000. The amount of such premium, with interest and of the penalty and of all costs, shall be a lien on the vessel. SEC. 19 (added by Act No. 90, Sixty-fifth Congress). There is hereby appropriated, from any money in the Treasury not otherwise appropriated, the sum of $12,150,000, to be known as the military and naval compensation appropriation, for the payment of the compensation, funeral expenses, services, and supplies provided by Article III. Payments out of this appropriation shall be made upon and in accordance with awards by the director. SEC. 22. (added by Act No. 90, Sixty-fifth Congress). For the purpose of this amendatory act the marriage of the claimant to the person on account of whom the claim is made shall be shown(1) By a duly verified copy of a public or church record; or (2) By the affidavit of the clergyman or magistrate who officiated; or (3) By the testimony of two or more eyewitnesses to the cere mony; or (4) By a duly verified copy of the church record of baptism of the children; or (5) By the testimony of two or more witnesses who know that the parties lived together as husband and wife, and were recog nized as such, and who shall state how long, within their knowledge, such relation continued: Provided, That marriages, except such as are mentioned in section forty-seven hundred and five of the Revised Statutes, shall be proven in compensation or insurance cases to be legal marriages according to the law of the place where the parties resided at the time of marriage or at the time when the right to compensation or insurance accrued; and the open and notorious illicit cohabitation of a widow who is a claimant shall operate to terminate her right to compensation or insurance from the commencement of such cohabitation: Provided further, That for the purpose of the administration of Article II of this act marriage shall be conclusively presumed, in the absence of proof, that there is a legal spouse living, if the man and woman have lived together in the openly acknowl edged relation of husband and wife during the two years imine |