Second:  Every  person  In  the  service  of  another  under  any
contract  of  hire,  express  or  Implied,  oral  or  written,  including


SEC.  5— "EMPLOYEE"  143

aliens,  and  minors  who  are  legally  permitted  to  work  under  the
laws  of  the  State,  who,  for  the  purpose  of  this  Act,  shall  be  con-
sidered the  same  and  have  the  same  power  to  contract,  receive
payments  and  give  quittances  therefor,  as  adult  employees,  but
not  including  any  person  who  is  not  engaged  in  the  usual  course
of  the  trade,  business,  profession  or  occupation  of  his  employer:
Provided,  that  employees  shall  not  be  included  within  the  provi-
sions of  this  Act  when  excluded  by  the  laws  of  the  United  States
relating  to  liability  of  employers  to  their  employees  for  personal
injuries  where  such  laws  are  held  to  be  exclusive.
"Employee."

180  Where  during  his  life-time  a  person  is  not  an  em-
ployee of  the  city  within  the  meaning  of  the  Work-
men's Compensation  Act,  he  cannot  become  an  em-
ployee after  death.  City  of  Chicago  v.  Industrial
Commission,  293  111.  188, 190;  127  N.  E.  351.
180  Section  5,  "  Every  person  in  the  service  of  the
state,  county,  city,  etc.  *  *  except  any  employee
*  *  *  for  whose  accidental  injury  *  a  pen-

sion shall  be  payable  to  him,"  construed  to  exclude
battalion  chief  of  the  fire  department  who  is  killed
while  responding  to  an  alarm.  City  of  Chicago  v.
Industrial  Commission,  293  111.  188,  190;  127  N.  E.
351.
180  Where  an  employee  is  doing  piece  work  until  some
time  in  the  future  when  he  is  to  be  paid  by  the  day,
he  is  an  employee.  Cinofsky  v.  Industrial  Commis-
sion, 290  111.  521,  524;  125  N.  E.  286.
