Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1910-05-21

power over the same by appropriate
orders. Such personal representative
shall report annually in detail to the
County commissioners the status OF
the relief fund in his hands, but shall
not be required to account for same
in the Orphans Court; and the County
Commissioners shall require such
personal representative to give bond
to the State of Maryland for the safe
custody OF the relief fund in his
hands in the sum of Two Thousand
Dollars, and may be allowed the first
year not exceeding two per cent conf
missions on the principal thereof, and
five per cent yearly thereafter on The
income in payment for his services.
He snail deposit said relief money,
not otherwise invested, in such bank
as the County Commissioners may
direct and shall only draw thereon in
| accordance with orders of such Com
missioners. From any order passed by
said County Commissioners under this
/ Section the personal representative or
any person claiming to be depend
ent may appeal within sixty days ID
| the Circuit Court of such County
Whereupon such Circuit Court shall
have jurisdiction to determine the is
sues of fact and law raised by such
| appeal, and may pass such rules as
| may bt JuhStu NECESSARY 10 pADbull0
and effectuate the determination OF
such issues, in which appeals the
| County commissioners shall be party
defendant
Section I, If at any time the re-
lief money payable hereunder shall
exceed i'll amount the sum in the
hands OF the Treasurer for that pur-
| pose, so that the fund be depleted.
| then the Treasurer Of Allegany Coun-
" or tIlrrptt Comfy tbn
De, snail advance to the Treasurer OF
| such depleted fund, so far as able,
such sum as may be necessary to paw
any accrued relief money which shall
be repaid by the said borrowing
reaSurer out of the first available
receipts derived from such tax. And
| II 1t shall so happen, at any time. that
the proceeds imposed and collected 5y
the Treasurers of Allcgany and Gar
rett Counties shall in the aggrepate
funds OF both TreaSurers exceed tho
sum of Fifty Thousand Dollars sur
plus, over and above the pending and
accrued claims on the same under
lhlS ACT, such Treasurer shall report
the fact to the County commissioners
of such Counties; whereupon tho
said Board of County Commissions. 9
ar" hereby empowered and directed
to remit temporarily the taxes hereby
imposed, from month to mon5h, az
long as (and no longer than) such
surplus shall exceed Fifty Thousand
dollars III amount, and when it shall
be reduced to said sum or under. then
the said tax shall become again nav
able as provided by this Act 1t shall
be the duty of the Treasurer to in
vest under the orders of the CounCy
commissioners any surplus above the
sum OF TWO Thousand Dollars in his
nahdS IN such public bonds as said
commissioners may direct, and 20
credit such fund with the interest
derived therefrom; and upon the re-
urement from office or any disqualif-
cation to act of such Treasurer the
entire lund, including such bonds,
ana the books and papers pertaining
to such fund, shall be delivered by
Sucl Treasurer to his successor in
ONCE, who shall receipt for the same.
Section 8. All assignments OF
CLAIMS for relief money provided il.
this Act and all assignments of claims
against any operator for injuries re-
celVed by an employee in the dis
charge of his duty or for disability
or death tprovded such operator
snail not have been in default in COM
pliance with the provisions of this
Act at the time of such injuries. dis
ability and DEATH shall be null and
void, and said claims shall not CO
subject to attachment, garnishment or
other legal process
Section g. No suit or action Shall
lie or be brought or maintained
against any operator for or in respect
of the death of any employee whose
PERSONAL representative shall have
accepted the relief money provided
FOR i'll this Act, and no such suit or
action shall be brought before the OK.
piration of six months from the date
OF the employees death, nor while
any suit brought by the personal rep-
resentative for such relief money, ia
pending. In case any suit or action ia
brought against any operator by any
person claiming damages for or in
respect of injury or disability received
III the discharge of his duty as an
employee OF such operator, all right
and claim of such person to any pay
mentS out of the fund shall be there
by forfeited. When any person claim
ing that he has sustained injury or
disability shall accept any relief
money, provided for in this Act, for
and in respect OF such injury or dis
ability or shall commence any suit
against the County Commissioners for
such relief money, the operator In
whose employ such person sustained
the injury or disability shall be ex-
empt from liability therefor and
thereafter no suit or action shall lie
vi ne Drought OF lIldllldlHeu against
such operator for or in respect OF
such injury or disability or death re-
suting therefrom. Provided that the
provisions of this section shall not
apply to cases where the operator has
been in default in compliance with
the provisions of this Act at the time
of the injury, disability or death.
Section 10. If any suit or action he
brought against any operator for or
in respect Of any injury or disabl-
ity received by an employee while IN
discharge of his duty or for death re-
Suting therefrOm, including death
from contact with mine gases and
said operator shall appear and defend
shall be rendered against him, he
shall be rendtred against him. he
shall, after satisfying said judgment
and upon filing with the County Com
missioners a certified copy Of said
Judgment and the order of satisfac-
ton, be entitled thereafter to deduct
from the payments required to be
made by him hereunder to the County
Treasurer, a sum equal to the amount
of said judgment and costs; provided
that said operator shall have notified
the County Commissioners Of the PEN
dency of said suit or action, and pro-
vided further that at the time or inc
Injury, disability and death the oper-
ator has complied with the provisions
of this Act.
Section II. And be it Enacted.
That this Act shall take effect on tna
first day of May, in the year Nineteen
Hundred and Ten.