in which shall be entered the title of each cause, the date of the determination thereof, and the filing of the judgment with the county clerk, if such judgment is filed, the date of appeal, if any, and the date on which the record in case of appeal was transmitted to the clerk of the Court of Common Pleas. The secretary shall also file the record of each case left with him by a referee or the commissioner, and shall keep a card index of such record in such manner as to afford ready reference thereto. Such records shall be open to the inspection of the public.

Power of Court. Witness Fees. Subpoenas.

13. The Commissioner of Labor, each deputy commissioner and each of the referees shall have the same power as the Court of Common Pleas to issue subpoenas to compel the attendance of witnesses and the production of books and papers. The fees for the attendance of witnesses shall be such as are now provided for the attendance of witnesses in other civil cases, and shall be paid by the party arranging for the attendance of such witnesses. Such subpoenas shall be authenticated by the seal of the Department of Labor, and either party to any such proceeding may, without charge, secure subpoenas from the Commissioner of Labor, a deputy commissioner or any referee. The failure of any witness, when duly subpoenaed, to attend or give testimony shall be punishable by the Court of Common Pleas in the same manner as such failure is punishable by such court in a case therein pending.

Administering Oaths.

14. The Commissioner of Labor, each deputy commissioner and each referee shall have power to administer oaths. Any person who, having been sworn as a witness

in any such proceeding, shall willfully give false testimony shall be guilty of perjury.

Public Hearings.

15. All hearings conducted under this act shall be open to the public.

No Filing Fees.

16. Neither party shall pay any fees for filing any papers with the said bureau, or with the secretary thereof, and the clerk of any county shall file any papers required by this act to be filed with such clerk without the payment of any fee.

Rules for Hearings. Allowance to Successful Party.

17. The Commissioner of Labor and the deputy commissioners may make such rules and regulations for the conduct of such hearing not inconsistent with the provisions of this act or of the act to which this act is a supplement, as may, in his judgment, be necessary. The official conducting any hearing under this act may, in his discretion, allow to the party in whose favor judgment is entered, costs of witness fees and a reasonable attor-. ney fee when, in his judgment, the services of an attorney were necessary for the proper presentation of the

case.

Depositions of Absent Witness.

18. The deposition of any witness whose attendance before said bureau cannot be secured by reason of his absence from the State, or by reason of his physical inability to attend such hearing may be taken upon order of the official to whom said cause has been referred. In any such case the procedure for taking such depositions

shall conform as nearly as practicable with the procedure outlined in the act entitled "An act concerning evidence (Revision of 1900)," approved March twentythird, one thousand nine hundred.

Right of Appeal. Notice. Notice a Stay. Transcript of Record. Time and Place for Hearing Appeal. Trial. Counsel May Be Assigned. Dismissal of Appeal.

19. Either party may appeal from the judgment of said commissioner, deputy commissioner or referee, to the Court of Common Pleas of the county in which such hearing was held, by filing with the secretary of said bureau, and with the clerk of the county where such hearing was held, a notice of appeal. Such notice shall be filed within thirty days after such judgment has been rendered and shall briefly describe such judgment and state the intention of the party to appeal therefrom. The filing of such notice shall stay the execution of the judgment until the determination or dismissal of said appeal. The appellant shall, within five days after the filing of a notice of appeal, send to the clerk of the Court of Common Pleas of the county in which such hearing was held, a transcript of the record in said cause, which transcript shall be furnished the said appellant by the secretary of the bureau upon the payment of a fee to be fixed by the Commissioner of Labor, not to exceed the sum of ten cents per folio. Within five days after the filing of said transcript, the judge of the Court of Common Pleas, upon the application of the appellant, shall fix a time and place for the hearing of said appeal, at least ten days' notice of which shall be served upon the respondent by the appellant. The trial of such appeal shall be a trial de novo, in which the Court of Common Pleas shall in all things follow the procedure prescribed in the act to which this act is a supplement, and the judgment

of said Court of Common Pleas on any such appeal shall have the same effect and be collected and docketed in the same manner as judgments of said court under the act to which this act is a supplement. In case the respondent in said appeal is unable to pay counsel, the judge of the Court of Common Pleas shall assign counsel to represent such respondent. Any such appeal may be dismissed by the judge of the Court of Common Pleas if the transcript of the record is not transmitted, or if the appeal is not prosecuted in accordance with the provisions of this act.

Allowance for Attorney's Fee.

20. The said Court of Common Pleas may, in its discretion, allow a reasonable attorney fee to the party prevailing in the trial of such appeal, which fee may be taxed in the costs and recovered against the unsuccessful party.

Validity of Act.

21. In case any portion whatsoever of this act shall be adjudged to be unconstitutional, it shall not invalidate the remaining portions of said act, but shall be regarded as severable therefrom.

Act Repealed.

22. An act entitled "An act creating a Workmen's Compensation Aid Bureau in the Department of Labor,' approved March fifteenth, one thousand nine hundred and sixteen, be and the same is hereby repealed.

Approved February 28, 1918.

In Essex and Hudson Counties Rules requiring successful party to draft determination have been adopted. They are as follows:

RULE 5. All proceedings under the Employers' Liability Act will be heard on Wednesday of each week after the first Wednesday of the term.

RULE 6. When the decision of a summary proceeding to have compensation fixed under the Employers' Liability or Workingmen's Compensation Act is pronounced, the prevailing party shall prepare a proposed statement and determination of facts, setting forth among such other matters as may be proper (1) the nature of the proceeding, date of service of process, appearance and answer of respondent and the hearing; (2) the parties to and terms and conditions of the employment, if any; (3) amount of wages received at the time of injury, if any; (4) description of the accident, if any, the time and place of its occurrence and cause thereof, and whether or not it arose out of and in the course of the employment; (5) whether or not the employer had actual knowledge or notice thereof; (6) the result whether injury or death, or both; and as to the injury, whether permanent or temporary, or both, total or partial or both, and the precise nature and exact extent thereof; and as to death, the name and relationship of dependents, if any, and whether or not such dependents are actual dependents; (7) incidental expenses incurred for medical attendance and funeral expenses in connection therewith; (8) any other facts such as those to support a commutation or which may otherwise be proper; (9) the compensation awarded including in detail the amount and number of weeks allowed for each and every result or results of injury or injuries, and the total amount and total number of weeks, and if the same is to be commuted to one lump sum the manner thereof; (10) the amount of compensation to be paid to the legal adviser of the injured employe or his dependents, if any, the funds from which it is to be paid, and the manner and time