Application of act in case of death. Burden of proof on defendant. Claim against compensation. Proviso. Compensation under agreement. tractor's contract with the employer, such contract or subcontract shall not bar the liability of the employer under this act for injury caused to an employe of such contractor or subcontractor by any defect in the condition of the ways, works, machinery or plant if the defect arose or had not been discovered and remedied through the negligence of the employer or some one entrusted by him with the duty of seeing that they were in proper condition. This paragraph shall apply only to actions arising under section one. 4. The provisions of paragraphs one, two and three shall apply to any claim for the death of an employe arising under an act entitled "An act to provide for the recovery of damages in cases where the death of a person is caused by wrongful act, neglect or default," approved March third, eighteen hundred and fortyeight, and the amendments thereof and supplements thereto. 5. In all actions at law brought pursuant to section I of this act, the burden of proof to establish willful negligence in the injured employe shall be upon the defendant. 6. No claim for legal services or disbursements pertaining to any demand made or suit brought under the provisions of this act shall be an enforceable lien against the amount paid as compensation, unless the same be approved in writing by the judge or justice presiding at the trial, or in case of settlement without trial, by the judge of the circuit court of the district in which such issue arose; provided, that if notice in writing be given the defendant of such claim for legal services or disbursements, the same shall be a lien against the amount paid as compensation, subject to determination of the amount and approval hereinbefore provided. SECTION II. ELECTIVE COMPENSATION. 7. When employer and employe shall by agreement, either express or implied, as hereinafter provided, accept the provisions of section II of this act, compensation for personal injuries to or for the death of such employe by accident arising out of and in the course of his employment shall be made by the employer without regard to the negligence of the employer, according to the schedule contained in paragraph eleven, in all cases except when the injury or death is intentionally self- Exceptions. inflicted, or when intoxication is the natural and proximate cause of injury, and the burden of proof of such fact shall be upon the employer. 8. Such agreement shall be a surrender by the parties thereto of their rights to any other method, form or amount of compensation or determination thereot than as provided in section II of this act, and an accept ance of all the provisions of section II of this act, and shall bind the employe himself and for compensation for his death shall bind his personal representatives, his widow and next of kin, as well as the employer, and those conducting his business during bankruptcy or insolvency. Agreement deemed sur render of rights to method. other Employject to this ment sub 9. Every contract of hiring made subsequent to the time provided for this act to take effect shall be presumed to have been made with reference to the pro- act. visions of section II of this act, and unless there be as a part of such contract an express statement in writing, prior to any accident, either in the contract itself or by written notice from either party to the other, that the provisions of section II of this act are not intended to apply, then it shall be presumed that the parties have accepted the provisions of section II of this act and have agreed to be bound thereby. In the employment of minors, section II shall be presumed to apply unless the notice be given by or to the parent or guardian of the minor. tion of 10. The contract for the operation of the provisions Terminaof section II of this act may be terminated by either contract. party upon sixty days' notice in writing prior to any accident. Schedule of payments. II. Following is the schedule of compensation: (a) For injury producing temporary disability, fifty Temporary per centum of the wages received at the time of injury, disability. subject to a maximum compensation of ten dollars per week and a minimum of five dollars per week; provided, Proviso. that if at the time of injury the employe receives wages of less than five dollars per week, then he shall receive the full amount of such wages per week. This com Complete disability. Proviso. Partial disability. Thumb. First finger. Second finger. Third finger. Fourth finger. Phalange. More than one phalange. Proviso. Great toe. Other toes. pensation shall be paid during the period of such disability, not, however, beyond three hundred weeks. (b) For disability total in character and permanent in quality, fifty per centum of the wages received at the time of injury, subject to a maximum compensation of ten dollars per week and a minimum of five dollars per week; provided, that if at the time of injury the employe receives wages of less than five dollars per week, then he shall receive the full amount of wages per week. This compensation shall be paid during the period of such disability, not, however, beyond four hundred weeks. (c) For disability partial in character but permanent in quality, the compensation shall be based upon the extent of such disability. In cases included by the following schedule the compensation shall be that named in the schedule, to wit: For the loss of a thumb, fifty per centum of daily wages during sixty weeks. For the loss of a first finger, commonly called index finger, fifty per centum of daily wages during thirtyfive weeks. For the loss of a second finger, fifty per centum of daily wages during thirty weeks. For the loss of a third finger, fifty per centum of daily wages during twenty weeks. For the loss of a fourth finger, commonly called little finger, fifty per centum of daily wages during fifteen weeks. The loss of the first phalange of the thumb, or of any finger, shall be considered to be equal to the loss. of one-half of such thumb, or finger, and compensation shall be one-half the amounts above specified. The loss of more than one phalange shall be considered as the loss of the entire finger or thumb; providing, however, that in no case shall the amount received for more than one finger exceed the amount provided in this schedule for the loss of a hand. For the loss of a great toe, fifty per centum of daily wages during thirty weeks. For the loss of one of the toes other than a great toe, fifty per centum of daily wages during ten weeks. For the loss of the first phalange of any toe shall Phalange be considered to be equal to the loss of one-half of such of toe. toe, and compensation shall be one-half of the amount above specified. The loss of more than one phalange shall be con- More than sidered as the loss of the entire toe. one phalange. For the loss of a hand, fifty per centum of daily Hand. wages during one hundred and fifty weeks. For the loss of an arm, fifty per centum of daily Arm. wages during two hundred weeks. For the loss of a foot, fifty per centum of daily wages Foot. during one hundred and twenty-five weeks. For the loss of a leg, fifty per centum of daily wages Leg. during one hundred and seventy-five weeks. For the loss of an eye, fifty per centum of daily Eye. wages during one hundred weeks. etc. cases. The loss of both hands, or both arms, or both feet, Both hands, or both legs, or both eyes, or of any two thereof, shall constitute total and permanent disability, to be compensated according to the provisions of clause (b). In all other cases in this class the compensation shall In other bear such relation to the amounts stated in the above schedule as the disabilities bear to those produced by the injuries named in the schedule. Should the employer and employe be unable to agree upon the amount of compensation to be paid in cases not covered by the schedule, the amount of compensation shall be settled according to the provisions of paragraph twenty hereof. The amounts specified in this clause are all subject Maximum to the same limitations as to maximum and minimum as are stated in clause (a). and mini mum amount. 12. In case of death compensation shall be computed Basis of but not distributed on the following basis: (1) Actual dependents. If orphan or orphans, a minimum of twenty-five per centum of wages of deceased, with ten per centum additional for each orphan in excess of two, with a maximum of sixty per centum. If widow alone, twenty-five per centum of wages. If widow and one child, forty per centum of wages. If widow and two children, forty-five per centum of wages. computation in case death. Distribution of compensation in case of death. Sickness and burial. Orphans If widow and three children, fifty per centum of wages. If widow and four children, fifty-five per centum of wages. If widow and five children or more, sixty per centum of wages. If widow and father or mother, fifty per centum of wages. If grandparents, grandchildren, or minor, or incapacitated brothers or sisters, twenty-five per centum of wages. Compensation in case of death shall be computed on the basis of the foregoing schedule, but shall be distributed according to the laws of this State providing for the distribution of the personal property of an intestate decedent, unless decedent has in fact left a will. (2) No dependents. Expenses of last sickness and burial not exceeding two hundred dollars. In computing compensation to orphans or other chiland minors. dren, only those under sixteen years of age shall be included, and only during the period in which they are under that age, at which time payment on account of such child shall cease. Weekly compensation. Proviso. Duration. Aliens excepted. No compensation first two weeks. Medical and hospital services supplied first two weeks. The compensation in case of death shall be subject. to a maximum compensation of ten dollars per week and a minimum of five dollars per week; provided, that if at the time of injury the employe receives wages of less than five dollars per week, then the compensation shall be the full amount of such wages per week. This compensation shall be paid during three hundred weeks. Compensation under this schedule shall not apply to alien dependents not residents of the United States. 13. No compensation shall be allowed for the first two weeks after injury received, except as provided by paragraph fourteen, nor in any case unless the employer has actual knowledge of the injury or is notified thereof within the period specified in paragraph fifteen. 14. During the first two weeks after the injury the employer shall furnish reasonable medical and hospital services and medicines, as and when needed, not to |