the dependents as may be determined by the Commission, which may apportion the benefits among the dependents in such manner as it may deem just and equitable. The dependent or persons to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof according to their respective claims upon the decedent for support, in compliance with the findings and direction of the Commission.

Ibid, sec. 50.

51. In every case providing for compensation to an employee or his dependent, excepting temporary disability, the Commission may, if in its opinion the facts and crcumstances of the case warrant it, allow the compensation to be paid in a partial or total lump sum.

Ibid, sec. 51.

52. No money payable under this Act shall, prior to issuance and delivery of the warrant or voucher therefor, be capable of being assigned, charged or taken in execution or attachment.

Ibid, sec. 52.

53. No employer or employee who is subject to the provisions of this Act shall exempt himself from the burden or waive the benefit of this Act by any contract, agreement, rule or regulation, and any such contract, agreement, rule or regulation shall be pro tanto void. No agreement by such employee to pay any portion of the premium paid by such employer shall be valid, and any employer who deducts any portion of such premium from the wages or salary of any employee entitled to the benefits of this Act, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not more than two hun dred dollars for each offense.

Ibid, sec. 53.

54. The powers and jurisdiction of the Commission over each case shall be continuing, and it may from time to time make such modifications or change, with respect to former findings or orders with respect thereto, as in its opinion may be justified.

Ibid, sec. 54.

55. If an employee shall be injured because of the absence of any safeguard or protection required by the Commission, the employer shall be guilty of a misdemeanor and liable to a fine of not less than $50.00 or more than $500.00, to be paid into the State Accident Fund.

Ibid, sec. 55.

56. Any employer, employee, beneficiary or person feeling aggrieved by any decision of the Commission affecting his interests under this Act, may have the same reviewed by a proceeding in the nature of an appeal and initiated in the Circuit Court of the county or in the Common Law Courts of Baltimore City having jurisdiction over the place where the accident occurred or over the person appealing from such decision, and the Court shall determine whether the Commission has justly considered all the facts concerning injury, whether it has exceeded the powers granted it by the Act, whether it has misconstrued the law and facts applicable in the case decided. If the Court shall determine that the Commission has acted within its powers and has correctly construed the law and facts, the decision of the Commission shall be confirmed; otherwise it shall be reversed or modified. Upon the hearing of such an appeal the Court shall, upon motion of either party filed with the Clerk of the Court according to the practice in civil cases, submit to a jury any question of fact involved in such case. The proceedings in every such an appeal shall be informal and summary, but full opportunity to be heard shall be had before judgment is pronounced. No such appeal shall be entertained unless notice of appeal shall have been served personally upon some member of the Commission within thirty days following the rendition of the decision appealed from. An appeal shall not be a stay. If the decision of the Commission shall be changed or modified, the practice prevailing in civil cases as to the payment of costs and the fees of medical and other witnesses shall apply. Appeal shall lie from the judgment of the Circut Court of the county or the Common Law Courts of Baltimore City to the Court of Appeals as in other civil cases, and

such appeals shall have precedence over all cases except criminal cases.*

The Attorney-General shall be the legal adviser of the Commission, and shall represent it in all proceedings whenever so requested by any of the commissioners. In all Court proceedings under or pursuant to this Act, the decision of the Commis sion shall be prima facie correct and the burden of proof shall be upon the party attacking the same.

Ibid, sec. 56.

57. If the Commission or the Court before which any proceedings for compensation or concerning an award of compensation have been brought under this Act, determines that such proceedings have not been so brought upon reasonable ground, it shall assess the whole cost of the proceeding upon the party who has so brought them. Claims for legal services in connection with any claims arising under this Act, and claims for services or treatment rendered or supplies furnished pursuant to Section 36 of this Act, shall not be enforceable unless approved by the Commission. If so approved, such claim or claims shall become a lien upon the compensation awarded, but shall be paid therefrom only in the manner fixed by the Com

mission.

This is un

"It would have been observed that by the provisions of Section 56, already quoted, a right of appeal is given to the Court having jurisdiction over the place where the accident occurred. In most instances there is also the tribunal having jurisdiction of the employer and employee, and certainly is the jurisdiction in which both, if not all, of the witnesses would be residents, and their evidence, therefore, most easily obtainable. Then follows the language upon which the appellants rely: Over the person appealing from such decision.' doubtedly sufficiently broad in terms to include an insurance carrier, for such carrier is clearly a party interested, but was that carrier, the office of which might be in a distant part of the State, to be entitled to claim, that the location of its main office was likewise to be vested with the concurrent jurisdiction? This Court, looking to the general intent of the statute as set out in Section GO, cannot come to that conclusion. Brenner vs. Brenner, 127 Md. 187, 193-94. While the decision of the Commission is prima facie correct, any party appealing may in a trial court offer additional evidence over the above than that offered by the Commission. See Frazier vs. Leas, 127 Md. 572. The party appealing to Court from a decision of the State Industrial Accident Commission has the right to open and close the case. American Ice Co. vs. Fitzhugh. (Daily Record, May 6, 1916, decided by Maryland Court of Appeals, April 26, 1916.) Section 61 (Code, volume 3, section 61), see note of Section 56."

Ibid, sec. 57.

58. Where the injury or death for which compensation is payable under this Act, was caused under circumstances creating a legal liability in some person other than the employer, to pay damages in respect thereof, the employee or, in case of death his personal representative or dependents as hereinbefore defined, may proceed either by law against that other person to recover damages or against the employer for compensation under this Act, or in case of joint tortfeasors against both; and if compensation is claimed and awarded or paid under this Act, any employer may enforce for the benefit of the insurance company or association carrying the risk or the State Accident Fund, or himself, as the case may be, the liability of such other person; provided, however, if damages are recovered in excess of the compensation already paid or awarded to be paid under this Act, then any such excess shall be paid to the injured employee or, in case of death, to his dependents, less the employer's expenses and costs of action.

Ibid, sec. 58.

59. If the provisions of this Act relative to compensation for injuries to or death of employees become invalid because of any adjudication, or be repealed, the period intervening between the occurrence of an injury or death, not previously compensated for under this Act by lump payment or completed periodical payments, shall not be computed as a part of the time limited by law for the commencement of any action relating to such injury or death. Provided, that such action be commenced within one year after such repeal or adjudication, but in any such action any sum paid to the employee on account of injury, for which the action is prosecuted, shall be taken into account or disposed of as follows: If the defendant employer shall have insured himself as provided for in this Act without delinquency, such sums as may have been paid to the employee or his dependents on account of injury or death, shall be credited upon recovery as payment thereon.

1916, ch. 597, sec. 59A.

59A. It shall be the duty of the Clerk of the Court to which a case is sent on appeal, under the preceding section, to send to

the Commission a duly certified copy of the docket entries, and judgment of the Court in each case heard and determined on appeal.

1914, ch. 800, sec. 59.

60. If any employer shall be adjudicated to be outside the lawful scope of this Act, the Act shall not apply to him or his employees; if any employee shall be adjudicated to be outside the lawful scope of this Act, because of remoteness of his work from the hazard of his employer's work, any such adjudication shall not impair the validity of this Act in other respects, and in every such case an accounting in accordance with the justice of the case shall be had of moneys received.

1916, ch. 597, sec. 60A.

60A. When any person as a principal contractor, undertakes to execute any work which is a part of his trade, business or occupation which he has contracted to perform, and contracts with any other person as subcontractor, for the execution by or under the subcontractor, of the whole or any part of the work undertaken by the principal contractor, the principal contractor shall be liable to pay to any workman employed in the exe cution of the work any compensation under this Article which he would have been liable to pay if that workman had been immediately employed by him; and where compensation is claimed from or proceedings are taken against the principal contractor, then, in the application of this Article, reference to the principal contractor shall be substituted for reference to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed.

Where the principal contractor is liable to pay compensation under this section, he shall be entitled to indemnity from any employer who would have been liable to pay compensation to the employee independently of this section, and shall have a cause of action therefor against such employer.

Nothing in this section shall be construed as preventing a workman from recovering compensation under this Article from the subcontractor instead of from the contractor.