3702 ARTICLE 101

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
article without delinquency, such sums as may have been paid to the em-
ployee or his dependents on account of injury or death, shall be credited
upon recovery as payment thereon.

This section referred to in construing sec. 72—see notes thereto. State v. Francis,
151 Md. 150; Md. Cas. Co. v. Elec. Mfg. Co., 145 Md. 652.

The workmen's compensation act is not in violation of either Federal or Md. Constitu-
tion. Scheme of act. The phrase "the law of the land" in Md. Constitution means
same as "due process of law" in Federal Constitution. New York Central R. R. Co. v.
White, 243 U. S. 188, quoted and approved. The workmen's compensation commission
is not a court and is not clothed with judicial power within meaning of constitutional
provisions. Solvuca v. Ryan & Reilly Co., 131 Md. 265.

An. Code, 1924, sec. 60. 1912, sec. 59A. 1916, ch. 597, sec. 59A.

75. It shall be the duty of the clerk of the Court to which a case is
sent on appeal, under the preceding section, to send to the Commission a
duly certified copy of the docket entries, and judgment of the Court in
each case heard and determined on appeal.

An. Code, 1924, sec. 61. 1912, sec. 60. 1914, ch. 800, sec. 59.

76. If any employer shall be adjudicated to be outside the lawful scope
of this Article, the Article shall not apply to him or his employees; if any
employee 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 received.

See notes to sec. 44.

An. Code, 1924, sec. 62. 1912, see. 60A. 1916, ch. 597, sec. 60A.

77. When any person as a principal contractor, undertakes to execute
any work which is a part of his trade, business or occupation which he has
contracted to perform and contracts with any other person as sub-contractor,
for the execution by or under the sub-contractor, of the whole or any part
of the work undertaken by the principal contractor, the principal con-
tractor shall be liable to pay to any workman employed in the execution
of the work any compensation under this Article which he would have
been liable to pay if that workman had been immediately employed by
him; and where compensation is claimed from or proceedings are taken
against the principal contractor, then, in the application of this Article,
reference to the principal contractor shall be substituted for reference to the
employer, except that the amount of compensation shall be calculated with
reference to the earnings of the workman under the employer by whom he
is immediately employed.

Where the principal contractor is liable to pay compensation under this
section, he shall be entitled to indemnity from any employer, who would
have been liable to pay compensation to the employee independently of this
section, and shall have a cause of action therefor against such employer.