its discretion at any time in the case of a minor who has received permanently disabling injuries, either partial or total, provide that he be compensated in whole or in part, by the payment of a lump sum, the amount of which shall be fixed by the board, but in no case to exceed the amount provided by this act. [Acts, 1911, c. 751, Pt. II, § 22, as am. by Acts, 1914, c. 708, § 8.] 630. Records of injuries to employees to be kept. Every employer shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment. Within forty-eight hours, not counting Sundays and legal holidays, after the occurrence of an injury, a report thereof shall be made in writing to the industrial accident board on blanks to be procured from the board for the purpose. Upon the termination of the disability of the injured employee, the employer shall make a supplemental report upon blanks to be procured from the board for that purpose. If the disability extends beyond a period of sixty days, the employer shall report to the board at the end of such period that the injured employee is still disabled, and upon the termination of the disability shall file a final supplemental report as provided above. The said reports shall contain the name and nature of the business of the employer, the situation of the establishment, the name, age, sex, and occupation of the injured employee, and shall state the date and hour of any accident causing the injury, the nature and cause of the injury, and such other information as may be required by the board. Any employer who refuses or neglects to make the report required by this section shall be punished by a fine of not more than fifty dollars for each offence. Copies of all reports of injuries filed by employers with the industrial accident board and all statistics and data compiled therefrom shall be kept available by the said board, and shall be furnished on request to the state board of labor and industries for its own use. Within sixty days after the termination of the disability of the injured employee, the association or other party liable to pay the compensation provided for by Part II of this act shall file with the board a statement showing the total payments made or to be made for compensation and for medical services for such injured employee. [Acts, 1911, c. 751, Pt. III, § 18, as am. by Acts, 1913, c. 746, § 1.] 631. Proceedings in case of contract work, etc. If a subscriber enters into a contract, written or oral, with an independent contractor to do such subscriber's work, or if such a contractor enters into a contract with a sub-contractor to do all or any part of the work comprised in such contract with the subscriber, and the association would, if such work were executed by employees immediately employed by the subscriber, be liable to pay compensation under this act to those employees, the association shall pay to such employees any compensation which would be payable to them under this act if the independent or sub-contractors were subscribers. The association, however, shall be entitled to recover indemnity from any other person who would have been liable to such employees independently of this section, and if the association has paid compensation under the terms of this section, it may enforce in the name of the employee, or in its own name and for the benefit of the association, the liability of such other person. This section shall not apply to any contract of an independent or sub-contractor which is merely ancillary and incidental to, and is no part of or process in, the trade or business carried on by the subscriber, nor to any case where the injury occurred elsewhere than on, in, or about the premises on which the contractor has undertaken to execute the work for the subscriber or which are under the control or management of the subscriber. [Acts, 1911, c. 751, Pt. III, § 17.] 632. Certain defenses removed in an action to recover damages. — In an action to recover damages [from an employer who is not insured under the provisions of the workmen's compensation act, Acts, 1911, c. 751,] for personal injury sustained by an employee in the course of his employment, or for death resulting from personal injury so sustained, it shall not be a defense: 1. That the employee was negligent; 2. That the injury was caused by the negligence of a fellow employee; 3. That the employee had assumed the risk of the injury. [See paragraph 636.] [Acts, 1911, c. 751, Pt. I, § 1.] 633. Law not to apply in certain cases. The provisions of [the preceding] section... shall not apply to actions to recover damages for personal injuries sustained by domestic servants and farm laborers. [Acts, 1911, c. 751, Pt. I, § 2.] 634. Law not to apply in other cases. - The provisions of section one [of this act, see paragraph 632] shall not apply to actions to recover damages for personal injuries sustained by employees of [an employer who is insured under the provisions of the workmen's compensation act, Acts, 1911, c. 751, see paragraph 589]. [Acts, 1911, c. 751, Pt. I, § 3.] 635. Certain employees not affected. The provisions of Acts, 1909, c. 514, §§ 127 to 135, inclusive, and of §§ 141 to 143, inclusive, and of any acts in amendment thereof, shall not apply to employees of a subscriber while this act is in effect. [Acts, 1911, c. 751, Pt. I, § 4.] 636. Presumption of due care. In all actions, civil or criminal, to recover damages for injuries to the person or property or for causing the death of a person, the person injured or killed shall be presumed to have been in the exercise of due care, and contributory negligence on his or her part shall be an affirmative defence to be set up in the answer of, and proved by the defendant. [Acts, 1914, c. 553, § 1.] 637. Not to be retroactive. This act shall take effect upon its passage, but shall apply only to actions or causes of action hereafter accruing. [Acts, 1914, c. 553, § 3.] MASSACHUSETTS EMPLOYEES INSURANCE ASSOCIATION. 638. Association created. The Massachusetts Employees Insurance Association is hereby created a body corporate with the powers provided in this act and with all the general corporate powers incident thereto. [Acts, 1911, c. 751, Pt. IV, § 1.] 639. Board of directors. The board of directors of the association shall consist of not less than fifteen members, to be elected by ballot by the members, who shall hold office for such term or terms as the by-laws may provide in accordance with the provisions of Acts, 1907, c. 576, § 26, and until their successors are elected. [Acts, 1911, c. 751, Pt. IV, § 2, as am. by Acts, 1914, c. 338.] 640. Powers of the board. - Until the first meeting of the subscribers the board of directors shall have and exercise all the powers of the subscribers, and may adopt by-laws not inconsistent with the provisions of this act, which shall be in effect until amended or repealed by the subscribers. [Acts, 1911, c. 751, Pt. IV, § 3.] 641. Officers of the board. The board of directors shall annually choose by ballot a president, who shall be a member of the board, a secretary, a treasurer, and such other officers as the by-laws shall provide. [Acts, 1911, c. 751, Pt. IV, § 4-1 642. Quorum. Seven or more of the directors shall constitute a quorum for the transaction of business. . . . [Acts, 1911, c. 751, Pt. IV, § 5.] 643. Vacancies. - . . . Vacancies in any office may be filled in such manner as the by-laws shall provide. [Acts, 1911, c. 751, Pt. IV, § 5.! 644. Any employer may be a subscriber. Any employer in the commonwealth may become a subscriber. [Acts, 1911, c. 751, Pt. IV, § 6.] 645. First meeting of the board. - The board of directors shall, within thirty days of the subscription of twenty-five employers, call the first meeting of the subscribers by a notice in writing mailed to each subscriber at his place of business not less than ten days before the date fixed for the meeting. [Acts, 1911, c. 751, Pt. IV, 87.] - 646. Number of votes to which each subscriber is entitled. In any meeting of the subscribers each subscriber shall be entitled to one vote, and if a subscriber has five hundred employees to whom the association is bound to pay compensation he shall be entitled to two votes, and he shall be entitled to one additional vote for each additional five hundred employees to whom the association is bound to pay compensation, but no subscriber shall cast, by his own right or by the right of proxy, more than twenty votes. [Acts, 1911, c. 751, Pt. IV, § 8.] 647. Issue of policies. No policy shall be issued by the association until not less than one hundred employers have subscribed, who have not less than ten thousand employees to whom the association may be bound to pay compensation. [Acts, 1911, c. 751, Pt. IV, § 9.] -- Conditions of issuance. No policy shall be issued until a list of the subscribers, with the number of employees of each, together with such other information as the insurance commissioner may require, shall have been filed at the insurance department, nor until the president and secretary of the association shall have certified under oath that every subscription in the list so filed is genuine and made with an agreement by every subscriber that he will take the policies subscribed for by him within thirty days of the granting of a license to the association by the insurance commissioner to issue policies. [Acts, 1911, c. 751, Pt. IV, § 10.] Number of subscribers. — If the number of subscribers falls below one hundred, or the number of employees to whom the association may be bound to pay compensation falls below ten thousand, no further policies shall be issued until other employers have subscribed who, together with existing subscribers, amount to not less than one hundred who have not less than ten thousand employees, said subscriptions to be subject to the provisions contained in the preceding section. [Acts, 1911, c. 751, Pt. IV, § 11.] 648. Duties of the insurance commissioner. Upon the filing of the certificate provided for in the two preceding sections the insurance commissioner shall make such investigation as he may deem proper and, if his findings warrant it, grant a license to the association to issue policies. [Acts, 1911, c. 751, Pt. IV, § 12.] 649. Subscribers to be distributed in groups. - The board of directors shall distribute the subscribers into groups in accordance with the nature of the business and the degree of the risk of injury. . . . [Acts, 1911, c. 751, Pt. IV, § 13.] 650. Payment of premiums. . . Subscribers within each group shall annually pay in cash, or notes absolutely payable, such premiums as may be required to pay the compensation herein provided for the injuries which may occur in that year. [Acts, 1911, c. 751, Pt. IV, § 13.] 651. Liability of subscribers. The association may in its by-laws and policies fix the contingent mutual liability of the subscribers for the payment of losses and expenses not provided for by its cash funds; but such contingent liability of a subscriber shall not be less than an amount equal to and in addition to the cash premium. [Acts, 1911, c. 751, Pt. IV, § 14.] 652. Assessments. - If the association is not possessed of cash funds above its unearned premiums sufficient for the payment of incurred losses and expenses, it shall make an assessment for the amount needed to pay such losses and expenses upon the subscribers liable to assessment therefor in proportion to their several liability. Every subscriber shall pay his proportional part of any assessments which may be laid by the association, in accordance with law and his contract, on account of injuries sustained and expenses incurred while he is a subscriber. [Acts, 1911, c. 751, Pt. IV, § 15.] 653. Dividends. The board of directors may, from time to time, by vote fix and determine the amount to be paid as a dividend upon policies expiring during each year after retaining sufficient sums to pay all the compensation which may be payable on account of injuries sustained and expenses incurred. . . . [Acts, 1911, c. 751, Pt. IV, 16.] 654. All funds available for payment of claims. All premiums, assessments, and dividends shall be fixed by and for groups as heretofore provided in accordance with the experience of each group, but all of the funds of the association and the contingent liability of all the subscribers shall be available for the payment of any claim against the association. [Acts, 1911, c. 751, Pt. IV, § 16.] 655. Insurance commissioner to approve premiums, etc. Any proposed premium, assessment, dividend or distribution of subscribers shall be filed with the insurance department and shall not take effect until approved by the insurance commissioner after such investigation as he may deem necessary. [Acts, 1911, c. 751, Pt. IV, § 17.] 656. Powers of insurance commissioner in certain cases. The insurance commissioner may withdraw his approval of any premium or distribution of subscribers given by him to the Massachusetts Employees Insurance Association under the provisions of [the preceding] section or of any premium or rate made by an insurance company and approved by him under the provisions of Acts, 1911, c. 751, Pt. V, § 3, as amended by Acts, 1912, c. 571, § 17. [Acts, 1912, c. 666, § 1.] 657. Rules and regulations for the prevention of injuries, etc. The board of directors shall make and enforce reasonable rules and regulations for the prevention of injuries on the premises of subscribers, and for this purpose the inspectors of the association shall have free access to all such premises during regular working hours. . . . [Acis, 1911, c. 751, Pt. IV, § 18.] 658. Rules may be reviewed. . . Any subscriber or employee aggrieved by any such rule or regulation may petition the industrial accident board for a review, and it may affirm, amend, or annul the rule or regulation. [Acts, 1911, c. 751, Pt. IV, § 18.] 659. False oath of officer, etc. If any officer of the association shall falsely make oath to any certificate required to be filed with the insurance commissioner, he shall be guilty of perjury. [Acts, 1911, c. 751, Pt. IV, § 19.] 660. Certain notice to be given to employees, etc. Every subscriber shall, as soon as he secures a policy, give notice, in writing or print, to all persons under contract of hire with him that he has provided for payment to injured employees by the association. [Acts, 1911, c. 751, Pt. IV, § 20.] 661. Notice to be given in certain cases, etc. - Every subscriber shall give notice in writing or print to every person with whom he is about to enter into a contract of hire that he has provided for payment to injured employees by the association. If an employer ceases to be a subscriber he shall, on or before the day on which his policy expires, give notice thereof in writing or print to all persons under contract with him. In case of the renewal of the policy no notice shall be required under the provisions of this act. He shall file a copy of said notice with the industrial accident board. The notices required by this and the preceding section may be given in the manner therein provided or in such other manner as may be approved by the industrial accident board. [Acts, 1911, c. 751, Pt. IV, § 21, as am. by Acts, 1912, c. 571, § 16.] 662. Subscribers may be reimbursed in certain cases. If a subscriber, who has complied with all the rules, regulations and demands of the association, is required by any judgment of a court of law to pay to an employee any damages on account of personal injury sustained by such employee during the period of subscription, the association shall pay to the subscriber the full amount of such judgment and the cost assessed therewith, if the subscriber shall have given the association notice in writing of the bringing of the action upon which the judgment was recovered and an opportunity to appear and defend the same. [Acts, 1911, c. 751, Pt. IV, § 22.] 663. Certain provisions of law to apply. The provisions of Acts, 1907, c. 576, and of acts in amendment thereof shall apply to the association, so far as such provisions are pertinent and not in conflict with the provisions of this act, except that the corporate powers shall not expire because of failure to issue policies or make insurance. [Acts, 1911, c. 751, Pt. IV, § 23.] 664. Expenses of the board to be approved by the governor and council. The board of directors appointed by the governor under the provisions of Part IV, § 2, [of this act], may incur such expenses in the performance of its duties as shall be approved by the governor and council. Such expenses shall be paid from the treasury of the commonwealth and shall not exceed in amount the sum of fifteen thousand dollars. [Acts, 1911, c. 751, Pt. IV, § 24.] 665. Not to apply in certain cases. The provisions of this act shall not apply to injuries sustained prior to the taking effect thereof. [Acts, 1911, c. 751, Pt. V, § 5.] 666. Insurance rates to continue to apply to several classifications, etc. All insurance rates under [Acts, 1911, c. 751 and amendments] thereof and in addition thereto, now on file and approved by the insurance commissioner, shall continue to apply to the several classifications after the taking effect of the provisions of this act, unless the insurance commissioner withdraws approval in accordance with the provisions of Acts, 1912, c. 666. [Acts, 1914, c. 708, § 16.] 667. Advances from the treasury. For the purpose of enabling the Massachusetts Employees Insurance Association to carry out the provisions of Acts, 1911, c. 751, Pt. IV, the treasurer and receiver general, from time to time, within one year |