ART. 101] MISCELLANEOUS. 969

1914, ch. 800, sec. 58.

59. If the provisions of this article relative to compensation for
Injuries to or death of employes become invalid because of any adjudi-
cation, or be repealed, the period intervening between the occurrence
of an injury or death, not previously compensated for under this article
by lump payment or completed periodical payments shall not be com-
puted 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 employe on account of injury
for which the action is prosecuted, shall be taken into account or dis-
posed of as follows: If the defendant employer shall have insured him-
self as provided for in this article without delinquency, such sums as
may have been paid to the employe or his dependents on account of
injury or death, shall be credited upon recovery as payment thereon.

1914, ch. 800, sec. 59.

60. If any employer shall be adjudicated to be outside the lawful
scope of this article, the article shall not apply to him or his employes;
if any employe shall be adjudicated to be outside the lawful scope of
this article, because of remoteness of his work from the hazard of his
employer's work, any such adjudication shall not impair the validity
of this article in other respects, and in every such case an accounting
in accordance with the justice of the case shall be had of moneys re-
ceived.

1914, ch. 800, sec. 60.

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

1914, ch. 800, sec. 61.

62. In any proceeding for the enforcement of a claim for compensa-
tion under this article, it shall be presumed in the absence of substan-
tial evidence to the contrary:

(a) That the claim comes within the provisions of this article.

(b) That sufficient notice thereof was given.

(c) That the injury was not occasioned by the wilful intention of
the injured employe to bring about the injury or death of himself or
of another.

(d) That the injury did not result solely from the intoxication of
the injured employe while on duty.