PHILLIPS LEE GOLDSBOROUGH, GOVERNOR, 1461

such other person; provided, however, if damages are recov-
ered in excess of the compensation already paid or awarded
to be paid under this Act, then any such excess shall be paid
to the injured employe or, in case of death, to his dependents,
less the employer's expenses and costs of action.

SEC. 58. If the provisions of this Act relative to compensa-
tion for injuries to or death of employes become invalid be-
cause of any adjudication, or be repealed, the period intervening
between the occurrence of an injury or death, not 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 re-
lating 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 ac-
count 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 employe or his dependents on account of injury 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 employes; if any employee shall be adjudicated to be out-
side the lawful scope of this Act, because of remoteness of his
work from the hazard of his employer's work, any such adjudi-
cation 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 inten-
tion of the injured employe to bring about the injury or death
of himself or of another.