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Session Laws, 1902 Session
Volume 476, Page 221   View pdf image (33K)
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JOHN WALTER SMITH, ESQ., GOVERNOR.

221

extra services imposed by this Act one per centum of the
receipts of such fund, and shall have power to define the in-
surance provisions of this Act by regulations not inconsistent
therewith, and shall prescribe the character of the monthly or
other reports required of the parties liable hereunder and the
character of the proofs of death, and shall have power to make
all other orders and rules necessary to carry out the true intent
and purpose of this Act.
SEC. 6. If any party, subject to the provisions of this Act,

CH AP. 130.

shall consider that he, they or it is or are making better pro-
visions on the whole for the workman employed, either by way
of payments in case of death, injury, sickness or old age, or
all combined, and are contributing more in such manner to
the said workman than he, they or it would be obliged to do
under the insurance provision hereof, then said party may make
application to the said Insurance Commissioner to be absolutely
released and exonerated from all liability imposed upon the
applicant by virtue of this Act, such application to be in writing,
under oath, whereupon the Insurance Commissioner shall cause
such application to be published in some newspaper published
in the city or county, when the applicant has its principal
office in the State, at the expense of the applicant, fixing a
date for a hearing to be given to all persons concerned, not
less than one month from the day of the filing of such appli-
cation ; and the said Insurance Commissioner shall thereupon
Bear all parties concerned and shall have power to summon
witnesses and administer oaths, and if upon full investigation
he shall be satisfied that the application of such applicant
ought to be granted, and that such applicant does and will
make better provisions on the whole for the workman con-
cerned than is made by this Act, then the said Insurance
Commissioner is hereby empowered to release said applicant
from all liability under this Act, by appropriate order to be
signed by him, a certified copy whereof of the Insurance
Commissioner shall be admissible in evidence as proof of its
contents in any county of this State ; provided, that the said
Insurance Commissioner shall insert in said order of release
adequate provision for the reviving of the full legal effect of
this Act, in case such applicant should fail to continue the
scheme or system of benefits maintained by such applicant,
through which said order of release is granted.
SEC. 7. The words party, applicant and employer, as used in

Application
to be made to
insurance
Commis-
sioner for
release, etc.

this Act, shall be construed to mean the corporation, associa-
tion, partnership, individual or individuals, town, city, county
(or contractor therefor) liable to be sued under section two of
this Act, unless a contrary sense appears. The word employe,
as used in the second section of this Act, shall be construed to

How certain
words shall
be construed.



 
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Session Laws, 1902 Session
Volume 476, Page 221   View pdf image (33K)
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