904 LAWS OF MARYLAND. [CH. 527

elected to each of the two Houses of the General Assembly,
the same shall take effect on May 5, 1941.

Approved May 6, 1941.

CHAPTER 527.

(Senate Bill 391)

AN ACT to repeal and re-enact with amendments* Section
72 of Article 101 of the Annotated Code of Maryland
(T939 Edition), title "Workmen's Compensation", sub-
title "Miscellaneous", to clarify the provisions of said
section.

SECTION 1. Be it enacted by the General Assembly of
Maryland,, That Section 72 of Article 101 of the Annotated
Code of Maryland (1939 Edition), title "Workmen's Com-
pensation", sub-title "Miscellaneous", be and it is hereby
repealed and re-enacted with amendments to read as fol-
lows:

72. Where injury or death for which compensation is
payable under this Article, was caused under circum-
stances creating a legal liability in some person other than
the employer to pay damages in respect thereof, the em-
ployee, or in the case of death, his personal representa-
tives or dependents as hereinbefore defined, may proceed
either by law against that other person to recover dam-
ages or against the employer for compensation under this
Article, or in case of joint tortfeasors against both; and
if compensation is claimed and awarded or paid under this
Article, any employer, if he is self-insured, insurance com-
pany, association or the State Accident Fund, may enforce
for their benefit, as the case may be, the liability of such
other person; provided, however, if damages are recovered
in excess of the compensation already paid or awarded to be
paid under this Article, and also any payments made for
medical or surgical services, funeral expenses or for any
of the other purposes enumerated in Section 49 of this
Article, then any such excess shall be paid to the injured
employee, or in case of death to his; dependents less the ex-
penses and costs of action incurred by the employer, in-
surance company, association or State Accident Fund as
the case may be. If any such employer, insurance company,
association or State Accident Fund shall not, within two
months from the passage of the award of this Commis-