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reasonably and without partiality. He shall make and file his award, with the consent to arbitration attached, in the proper county clerk's office, within the time limited in the consent, or if no time limit is fixed therein, within ninety days after his selection, and shall give notice of such filing to the parties by mail.)

SEC. 23. Unless the arbitrator's fees be fixed by the consent to arbitration or be agreed to by the parties before the arbitration they shall be taxed by a justice of the court, upon notice, (at not to exceed $- per day and disbursements or in any event $25 in all). The arbitrator shall apportion the cost of such fees in his discretion between the employer and workman (but not more than two-thirds against either one), and shall add the amount apportioned against the employer to the first payment to be made under the award. And he shall note the amount of his fees on the award, and shall have a lien therefor on the first payments due under the award. SEC. 24. Every agreement for compensation and every award shall be in writing, signed and acknowledged by the parties or by the arbitrator or secretary of the committee hereinbefore referred to, and shall specify the amount due and unpaid by the employer to the workman up to the date of the agreement or award, and, if any, the amount of the weekly payments thereafter to be paid by the employer to the workman, and the length of time such weekly payments shall continue.

SEC. 25. It shall be the duty of the employer to file or cause to be filed every release of liability hereunder, every agreement for or award of compensation, or modifying an agreement for or award of compensation, under this act (if not filed by the committee or arbitrator), to which he is a party, (or a sworn copy thereof), in the (county clerk's office of the county in which the accident occurred), within (60) days after it is made, otherwise it shall be (void as against the workman). (The county clerk shall accept, receipt for and file any such release, agreement or award, without fee, and record or index it, etc.) Nothing herein shall be construed to prevent the workman from so filing such agreement or award.

SEC. 26. At any time within (one year) after an agreement or award has been so filed, a justice of the court, may, upon the application of either party, cancel such agreement or award, upon such terms as may be just, if it be shown to his satisfaction, that the workman has returned to work and is earning the same or higher wages as or than he did before the accident, or that the agreement or award has been obtained by fraud or undue influence, or that the committee or arbitrator making the award acted without authority or was guilty of serious misconduct.

SEC. 27. At any time after the filing of an agreement or award and before judgment has been granted thereon, the employer may stay further proceedings thereon by filing in the county clerk's office wherein such agreement or award is filed: (a) (Ă proper certificate of a qualified insurance company that the payment of the compensation to the workman is insured by it); or (b) (a proper bond, undertaking to secure the payment of the compensation.) (Such certificate or bond to be approved by a justice of the court as to form and sufficiency, etc.)

SEC. 28. At any time after an agreement or award has been filed, the workman may apply to the court, for judgment against the employer for a lump sum equal to (90 per cent) of the amount of payments due and unpaid and prospectively due under the agreement or award; and, unless the agreement or award be stayed, modified or canceled, or the liability thereunder be redeemed or otherwise discharged, the court shall examine the workman under oath, and, unless satisfied that the application is made for other reasons than doubt as to the security of his compensation, shall compute the sum and direct judgment accordingly, as if in an action.

SEC. 29. An agreement or award may be modified at any time by a subsequent agreement; or, at any time after (one year) from the date of filing, it may be reviewed, upon the application of either party, on the ground that the incapacity of the workman has subsequently increased or diminished. Such application shall be made to the court; and, unless the parties consent to arbitration, the court may appoint a medical practitioner to examine the workman and report to it; and upon his report and after hearing the evidence of the parties, the court may modify such agreement or award, as may be just, by ending, increasing or diminishing the compensation, subject to the limitations herein before provided. (The fees of the arbitrator, or the fees of the medical examiner, to be fixed by the court at not to exceed ($10), shall be paid in advance by the party applying. If the compensation be increased, a prior stay shall not be effective, unless the employer file à further certificate or bond to secure the increased compensation).

SEC. 30. Where any weekly payment has been continued for not less than (six months) the liability therefor may be redeemed by the employer by the payment to the workman of a lump sum of an amount equal to 75 per cent of the sum of the weekly payments which may become due according to the award, such amount to be determined by agreement, or, in default thereof, upon application, by a justice of the court. (Upon paying such amount the employer to be discharged from all further

liability on account of the injury, and to be entitled to a duly executed release, upon filing which or other due proof of payment, the liability upon any agreement or award to be discharged of record.)

SEC. 31. (Where the payment of compensation to the workman is insured, the insurer shall be subrogated to the rights and duties of the employer under this act, so far as appropriate.)

SEC. 32. All references hereinbefore to the

court or to a justice of such court, shall mean (such court, etc., in and for the county or district in which such accident occurred, but the objection that proceedings are in the wrong county or district may be waived). Such court shall make all rules necessary and appropriate to carry out the provisions of this act.

SEC. 33. A workman's right to compensation under this act, may, in default of agreement or arbitration, be determined and enforced by action in (any court of competent jurisdiction). In every such action the right to trial by jury shall be deemed waived and the case tried by the court without a jury, unless either party (with his notice of trial-or-when the case is placed upon the calendar, demand a jury trial and pay the fees of such a trial). The judgment in the action, if in favor of the plaintiff, shall be for a lump sum equal to the amount of the payments then due and prospectively due under this act, with interest on the payments overdue, or, in the discretion of the trial judge, for periodical payments as in an award. Where death results from the injury, the action shall be brought by (the legal representative) of the deceased for the benefit of the dependents as herein defined; and in such action the judgment may provide the proportions of the award to be distributed to or between the several dependents; otherwise such proportions shall be determined by the proper (probate) court as hereinbefore provided. An action to set aside a release or other discharge of liability on the ground of fraud, or mental incompetency may be joined with an action for compensation under this act.

SEC. 34. The cause of action shall be deemed in every case, including a case where death results from the injury, to have accrued to the injured workman at the time of the accident; and the time limited in which to commence an action for compensation therefor shall run as against him, his (legal representatives) and dependents from that date. (Amend the statute of limitations, if necessary, to make the short term, applicable to actions in tort, apply; but do not assimilate this action in terms to an action in tort.)

SEC. 35. (Contingent fees of attorneys for services in proceedings under this act shall in every case be subject to approval by the court, and a copy of every agreement for a contingent fee shall be filed within-a certain time-with the commissioner of labor.)

SEC. 36. If the (commissioner of insurance) certifies that any scheme of compensation, benefit or insurance for the workmen of an employer in any employment to which this act applies, whether or not such scheme includes other employers and their workmen, provides scales of compensation not less favorable to the workmen and their dependents than the corresponding scales contained in this act, and that, where the scheme provides for contributions by the workmen, the scheme confers benefits at least equaivalent to those contributions, in addition to the benefits to which the workmen would have been entitled under this act or their equivalents, the employer may, while the certificate is in force, contract with any of his workmen that the provisions of the scheme shall be substituted for the provisions of this act; and thereupon the employer shall be liable only in accordance with that scheme; but, save as aforesaid, this act shall apply notwithstanding any contract to the contrary made after this act becomes a law.

SEC. 37. No scheme shall be so certified which does not contain suitable provisions for the equitable distribution of any moneys or securities held for the purpose of the scheme, after due provision has been made to discharge the liabilities already accrued, if and when such certificate is revoked or the scheme otherwise terminated.

SEC. 38. If at any time the scheme no longer fulfills the requirements of this article, or is not fairly administered, or other (valid and substantial) reasons therefor exist, the (commissioner of insurance) shall revoke the certificate and the scheme shall thereby be terminated.

SEC. 39. Where a certified scheme is in effect the employer shall answer all such inquiries and furnish all such accounts in regard thereto as may be required by the (commissioner of insurance).

SEC. 40. The (commissioner of insurance) may make all rules and regulations necessary to carry out the purposes of this article.

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RESOLUTIONS OF THE SIXTH DELEGATES' MEETING OF THE INTERNATIONAL ASSOCIATION FOR LABOR LEGISLATION.

The sixth general meeting of delegates of the International Association for Labor Legislation was held at Lugano, Switzerland, September 26 to 28, 1910. According to the official report of the association, the organization now comprehends national sections in 15 countries: Austria, Belgium, Denmark, France, Germany, Great Britain, Hungary, Italy, Netherlands, Norway, Spain, Sweden, Switzerland, Argentine Republic, and the United States. The association has a membership of about 5,400. The value and official character of its work are recognized by the fact that it is subsidized by the Governments of 13 countries. Over 100 delegates of the national sections and Government representatives were present at the Lugano meeting. The resolutions adopted by the delegates are given in full in the following pages:

I. INTERNATIONAL LABOR CONVENTIONS.

1. The bureau is instructed to petition the Danish and Spanish Governments to ratify at an early date the Berne convention of September 26, 1906, respecting the night work of women.

The bureau is instructed to take appropriate measures to secure the accession of Norway, Russia and Finland, Turkey, East India, the Australian and Canadian colonies, and South Africa to the Berne conventions.

2. The delegates' meeting expresses its most cordial thanks to the French, British, and Dutch Governments for the adhesion of their colonies and protectorates to the Berne convention, to the Australian Commonwealth for prohibiting the use of white phosphorus, to the American section for its efforts in this direction in the United States, and to the Hungarian minister of commerce, who has announced that the prohibition of white phosphorus will most probably be introduced in Hungary at an early date.

The bureau is instructed to persevere in its efforts to procure the adhesion of countries which have not yet joined the convention, and especially Belgium, Norway, Sweden, India, South Africa, and Japan.

II. NEW SECTIONS AND CONSTITUTIONS OF SECTIONS-FINANCES AND BULLETIN COOPERATION WITH OTHER INTERNATIONAL ASSOCIATIONS EXHIBITIONS OF HYGIENE AT DRESDEN AND ROME-PLACE AND DATE OF THE NEXT MEETING.

A. NEW SECTIONS AND CONSTITUTIONS OF SECTIONS.

The constitutions of the Norwegian and Swedish sections are approved.

B. FINANCES AND BULLETIN.

1. The delegates' meeting acknowledges with satisfaction the reports of the bureau, the treasurer, and the International Labor Office, and thanks them heartily for their activity.

2. The treasurer's accounts, vouchers, and cash have been audited and found correct.

3. The budget for 1910 and 1911 is approved. The meeting approves the advance payment of 3,000 francs [$579], requested and made in consequence of the issue of the English edition of the Bulletin having been expedited. In renewing contracts for the publication of the Bulletin every effort shall be made to reduce the cost of printing. 4. The delegates' meeting expresses to the Government of the United States its hearty thanks for the increase of its appropriation. 5. The delegates' meeting instructs the bureau to express to the British Government its hearty thanks for sending official representatives, and, at the same time, to convey to it, by these delegates, a request that the British Government may make a contribution toward the expenses of the international labor office, as is done by all the industrial states of Europe and by the United States of America. This request shall emphasize the fact that such a contribution will be mainly applied to meeting the expenses of the English edition of the Bulletin, which is translated and printed in England. In case the Government of Great Britain should make an appropriation for the international labor office, the bureau is authorized, in its discretion, to contribute toward the expenses of translating the bulletin into English a sum not exceeding in any year the sum actually received from the British Government.

C. COOPERATION

WITH OTHER INTERNATIONAL ASSOCIATIONS.

The bureau is authorized to enter into communication with other associations whose aims are similar to those of the International Association for Labor Legislation, in order to come to an understanding regarding any financial or economic questions in which they may have a common interest.

D. INTERNATIONAL EXHIBITIONS AT DRESDEN AND ROME.

The delegates' meeting leaves the bureau free to exhibit at the exhibitions of hygiene at Dresden and Rome any statistical tables or publications relating to industrial hygiene.

E. PLACE AND DATE OF THE NEXT MEETING.

The delegates' meeting resolves that the next (seventh) delegates' meeting of the international association shall take place in the autumn of 1912 in Zurich.

III. ADMINISTRATION OF LABOR LAWS.

I. The delegates' meeting takes note of the proof of the first comparative report drawn up by the International Labor Office on the measures adopted in European countries to enforce labor laws. This proof shall be submitted to the sections with a view to its being amended and supplemented.

II. The bureau is instructed to request the Governments, with a view to making the administration of labor laws in the different countries comparable, to supply data at least on the following points: 1. The nature and number of the establishments subject to inspection and of workers affected.

2. The number of establishments actually inspected and of workers affected.

3. The number of visits of inspection paid by inspectors, distinguishing visits paid at night.

4. The number of cases where persons were cautioned or where penalties were imposed for infringements of the law.

5. The nature and success of arrangements for securing the cooperation of the workers in the enforcement of the law

(a) By including workers amongst the staff of inspection.

(b) By the institution of regular relations between the inspecting staff and organized and nonorganized workers.

(c) By giving workmen's trade-unions the right to take legal proceedings.

The data desired under 1 to 3 above should be classified according to industries.

The headings of the tables in inspectors' reports should be given in one of the three principal languages.

IV. CHILD LABOR.

A special commission is appointed with instructions to examine the execution, in the several countries, of the laws for the protection of child labor, and to prepare a comprehensive compilation of the results of the investigations undertaken by the sections in pursuance of the Lucerne resolutions.

V. NIGHT WORK OF YOUNG PERSONS.

Being convinced that the Lucerne resolutions form an adequate basis for the international regulation of the night work of young persons, the delegates' meeting instructs the bureau to request the Swiss Federal Council to invite the Governments to an international conference on the subject.

The meeting instructs the subcommission to continue its work in pursuance of the Lucerne resolutions and to inquire whether the exceptions to the prohibition of the night work of young persons declared by the Lucerne resolutions to be permissible could not be further limited in the case of young persons employed in glassworks and rolling mills. These investigations shall be continued until such time as the request for the international regulation of the question shall be presented to the Swiss Federal Council.

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