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 in-
jury or death, shall be credited upon recovery as payment
thereon.

SEC. 59. 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.

SEC. 60. The rule that statutes in derogation of the common
law are to be strictly construed shall have no application -to
this Act; but this Act shall be so interpreted and construed
as to effectuate its general purpose.

SEC. 61. In any proceeding for the enforcement of a claim
for compensation under this Act, it shall be presumed in the
absence of substantial evidence to the contrary:

(a) That the claim comes within the provisions of this
Act.
(b) That sufficient notice thereof was given.
(c) That the injury was not occasioned by the wilful in-
tention of the injured, employee to bring about the injury or
death of himself or of another.
(d) That the injury did not result solely from the intoxi-
cation of the injured employee while on duty.

SEC. 62. Definitions as used in this Act:
1. "Extra-hazardous employment" means a work or occu-
pation described in Section 32 of this Act.
2. "Employer," except when otherwise expressly stated,
means a person, partnership, association, corporation, and the
legal representatives of a deceased employer, or the receiver or