ALBERT C. RITCHIE, GOVERNOR. 677

surgical services, funeral expenses or for any of the other pur-
poses enumerated in Section 37 of this Act, then any such
excess shall be paid to the injured employee, or in case of
death to his dependents less the expenses and costs of action
incurred by the employer, insurance company, association or
State Accident Fund as the case may be. If any such em-
ployer, insurance company, association or State Accident Fund
shall not, within two months from the passage of the award
of this Commission, start proceedings to enforce the liability
of such other person, the injured employee, or in case of death,
his dependents, may enforce the liability of such other person
provided, however, that if damages are recovered the injured
employee or in case of death his dependents may first retain
therefrom the expenses and costs of action for which the em-
ployer, insurance company, association or the State Accident
Fund, as the case may be, shall be reimbursed for the com-

pensation already paid or awarded and any amount or amounts
paid for medical or surgical services, funeral expenses or for
any of the other purposes enumerated in Section 37 of this Act,
and the balance in excess of these items shall enure to the in-
jured employee, or in case of death, to his dependents, and the
amount thus received by the injured employee or in case of
death by his dependents shall be in lieu of any award that
might otherwise have been made thereafter in the same case
under the provisions of this Act and said case shall thereupon
be deemed to have been finally settled and closed.

SEC. 3. And be it further enacted, That Sub-section 3 of
Section 63 of Article 101 (C 1) of the Annotated Code of
Maryland, be and the same is hereby repealed and re-enacted,
so as to read as follows:

Section 63, Sub-section 3. "Employe" means a person who
is engaged in an extra-hazardous employment in the service of
an employer, carrying on or conducting the same upon the
premises or at a plant, or in the course of his employment
away from the plant of his employer, and shall not include
farm laborers. "Farm Laborers," as used in this Act, shall
mean any employes who, at the time of the accident, are en-
gaged in rendering any agricultural service, including the
threshing and harvesting of crops, or who, at the time of the
accident, are engaged in service incidental to and in connec-
tion with agricultural pursuits or developments, whether the
employer be the farmer other person undertaking or contract-
ing with the farmer to perform any such agricultural service,