but shall not continue more than three hundred weeks from the date

of the injury.

"Section 7. The following persons shall be conclusively presumed to be wholly dependent for support upon a deceased employee:

(a) A wife upon a husband with whom she lives at the time of his death.

(b) A husband upon a wife with whom he lives at the time of her death.

(c) A child or children under the age of eighteen years (or over said age, but physically or mentally incapacitated from earning) upon the parent with whom he is or they are living at the time of the death of such parent, there being no surviving dependent parent. In case there is more than one child thus dependent, the death benefit shall be divided equally among them.

"In all other cases questions of dependency, in whole or in part, shall be determined in accordance with the fact, as the fact may be at the time of the injury; and in such other cases, if there is more than one person wholly dependent, the death benefit shall be divided equally among them, and persons partly dependent, if any, shall receive no part thereof; if there is no one wholly dependent and more than one person partly dependent, the death benefit shall be divided amrug them according to the relative extent of their dependency.

"Section 8. If the employee leaves no dependents, the association shall pay the reasonable expense of his last sickness and burial, which shall not exceed two hundred dollars.

"Section 9. While the incapacity for work resulting from the injury is total, the association shall pay the injured employee a weekly compensation equal to one-half his average weekly wages, but not more than ten dollars nor less than four dollars a week; and in no case shall the period covered by such compensation be greater than five hundred weeks, nor the amount more than three thousand dollars. "Section 10. While the incapacity for work resulting from the injury is partial, the association shall pay the injured employee a weekly compensation equal to one-half the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than ten dollars a week; and in no case shall the period covered by such compensation be greater than three hundred weeks from the date of the injury.

"Section 11. In case of the following specified injuries the amounts hereinafter named shall be paid in addition to all other compensation: (a) For the loss by severance of both hands at or above the wrist, or both feet at or above the ankle, or the loss of one hand and one Vol. I. Negl.-36

foot, or the entire and irrecoverable loss of the sight of both eyes, one-half of the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of one hundred weeks.

"(b) For the loss by severance of either hand at or above the wrist, or either foot at or above the ankle, or the entire and irrecoverable loss of the sight of either eye, one-half the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of fifty weeks.

"(c) For the loss by severance at or above the second joint of two or more fingers, including thumbs, or toes, one-half the average weekly wages of the injured person, but not more than ten dollars nor less than four dollars a week, for a period of twenty-five weeks.

"(d) For the loss by severance of at least one phalange of a finger, thumb, or toe, one-half the average weekly wages of the injured person, but not more than ten dollars and not less than four dollars a week, for a period of twelve weeks.

"Section 12. No savings or insurance of the injured employee, independent of this Act, shall be taken into consideration in determining the compensation to be paid hereunder, nor shall benefits derived from any other source than the association be considered in fixing the compensation under this Act.

"Section 13. The compensation payable under this Act in case of the death of the injured employee shall be paid to his legal representative; or, if he has no legal representative, to his dependents; or, if he leaves no dependents, to the persons to whom payment of the expenses for the last sickness and burial is due. If the payment is made to the legal representative of the deceased employee, it shall be paid. by him to the dependents or other persons entitled thereto under this Act.

"Section 14. If an injured employee is mentally incompetent or is a minor at the time when any right or privilege accrues to him under this Act, his guardian or next friend may in his behalf claim and exercise such right or privilege.

"Section 15. No proceedings for compensation for an injury under this Act shall be maintained unless a notice of the injury shall have been given to the association or subscriber as soon as practicable after the happening thereof, and unless the claim for compensation with respect to such injury shall have been made within six months after the occurrence of the same; or, in case of the death of the employee, or in the event of his physical or mental incapacity, within six months after death or the removal of such physical or mental incapacity.

"Section 16. The said notice shall be in writing, and shall state in ordinary language the time, place and cause of the injury; and shall be signed by the person injured, or by a person in his behalf, or, in the event of his death, by his legal representative, or by a person in his behalf.

"Section 17. The notice shall be served upon the association, or an officer or agent thereof, or upon the subscriber, or upon one subscriber if there are more subscribers than one, or upon any officer or agent of a corporation, if the subscriber is a corporation, by delivering the same to the person on whom it is to be served, or leaving it at his residence or place of business, or by sending it by registered mail addressed to the person or corporation on whom it is to be served, at his last known residence or place of business.

"Section 18. A notice given under the provisions of this Act shall not be held invalid or insufficient by reason of any inaccuracy in stating the time, place or cause of the injury, unless it is shown that it was the intention to mislead and the association was in fact misled thereby. Want of notice shall not be a bar to proceedings under this Act, if it be shown that the association, subscriber, or agent had knowledge of the injury.

"Section 19. After an employee has given notice of an injury, as provided by this Act, and from time to time thereafter during the continuance of his disability he shall, if so requested by the association, submit himself to an examination by a physician or surgeon authorized to practice medicine under the laws of the Commonwealth, furnished and paid for by the association. The employee shall have the right to have a physician provided and paid for by himself present at the examination. If he refuses to submit himself for the examination, or in any way obstructs the same, his right to compensation shall be suspended, and his compensation during the period of suspension may be forfeited.

"Section 20. No agreement by an employee to waive his rights to compensation under this Act shall be valid.

"Section 21. No payment under this Act shall be assignable or subject to attachment, or be liable in any way for any debts.

"Section 22. Whenever any weekly payment has been continued for not less than six months, the liability therefor may in unusual cases be redeemed by the payment of a lump sum by agreement of the parties, subject to the approval of the industrial accident board.

"PART III.

"PROCEDURE.

"Section 1. There shall be an Industrial Accident Board consisting of three members, to be appointed by the Governor, by and with the advice and consent of the council, one of whom shall be designated by the Governor as chairman. The term of office of members of this board shall be six years, except that when first constituted one member shall be appointed for two years, one for four years, and one for six years. Thereafter one member shall be appointed every second year for the full term of six years.

"Section 2. The salaries and expenses of the board shall be paid by the Commonwealth. The salary of the chairman shall be sixty-five hundred dollars a year, and the salary of the other members shall be six thousand dollars a year each. The board may appoint a secretary at a salary of not more than three thousand dollars a year and may remove him. It shall also be allowed an annual sum, not exceeding ten thousand dollars, for clerical service, and traveling and other necessary expenses. The board shall be provided with an office in the State House or in some other suitable building in the city of Boston, in which its records shall be kept.

"Section 3. The board may make rules not inconsistent with this Act for carrying out the provisions of the Act. Process and procedure under this Act shall be as summary as reasonably may be. The board or any member thereof shall have the power to subpoena witnesses and to examine such parts of the books and records of the parties to a proceeding as relate to questions in dispute.

"Section 4. If the association and the injured employee reach an agreement in regard to compensation under this Act, a memorandum of the agreement shall be filed with the Industrial Accident Board and, if approved by it, thereupon the memorandum shall for all purposes be enforcible as a decree of the Superior Court. Such agreements shall be approved by said board only when the terms conform to the provisions of this Act.

"Section 5. If the association and the injured employee fail to reach an agreement in regard to compensation under this Act, either party may notify the Industrial Accident Board who shall thereupon I call for the formation of a committee of arbitration. The committee of arbitration shall consist of three members, one of whom shall be a member of the industrial accident board and shall act as chairman. The other two members shall be named, respectively, by the two parties.

"Section 6. It shall be the duty of the Industrial Accident Board, upon notification that the parties have failed to reach an agreement, to request both parties to appoint their respective representatives on the committee of arbitration. The board shall designate one of its members to act as chairman, and, if either party does not appoint its member on this committee within seven days after notification, as above provided, the board or any member thereof, shall fill the vacancy and notify the parties to that effect.

"Section 7. The committee of arbitration shall make such inquiries and investigations as it shall deem necessary. The hearings of the committee shall be held at the place where the injury occurred, and the decision of the committee shall be filed with the industrial accident board. Unless a claim for a review is filed by either party within seven days, the decision shall be enforcible as if it were a decree of the Superior Court.

"Section 8. The Industrial Accident Board or any member thereof may appoint a duly qualified impartial physician to examine the injured employee and to report. The fee for this service shall be five dollars and traveling expenses, but the board may allow additional reasonable amounts in extraordinary cases.

"Section 9. The arbitrators named by or for the parties to the dispute shall each receive five dollars as a fee for his services, but the Industrial Accident Board or any member thereof may allow additional reasonable amounts in extraordinary cases. The fees shall be paid by the association, which shall deduct an amount equal to one'hird of the sum from any compensation found due the employee.

"Section 10. If a claim for review is filed, as provided in Part III, section seven, the board shall hear the parties and file its decision, with the records of the proceedings.

"Section 11. There shall be a right of appeal to the Supreme Judicial Court on questions of law, and the Industrial Accident Board may report questions of law to the Supreme Judicial Court for its determination.

"Section 12. Any weekly payment under this Act may be reviewed by the Industrial Accident Board at the request of the association or of the employee; and on such review it may be ended, diminished or increased subject to the maximum and minimum amounts above provided, if the board finds that the condition of the employee warrants such action.

"Section 13. Fees of attorneys and physicians for services under this Act shall be subject to the approval of the Industrial Accident Board