Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1902-05-17

employer. his agent or agents. EN-
ployee or employees, on the one hand
and OF the negligence of the injured
employees On the other hand, then il
shall be the duty of the jury or the
court sitting as jury to determine and
ascertain as near as may be the pro
portion of such negligence of which
each has been guilty, and having as
certained and determined such pro
portions of negligence, causing the in.
jury. 1t shall be the duty of the jury
or of the court, sitting as jury, to APP
portion the damages arising from said
injury, in like proportion or degree,
and award to the plaintiff or plaintiffs
the proportion of damages suffered,
which it shall have been determined
was the proportion of the defendant or
defendants negligence, contributing
to the injury complained of.
Section 1875 B of Article ! and Sec
ton l49 b of Article l2-Provided that
no employer. owner or operator shall
be uable under the afCregOing section
of this Act, if the said employer, own
cr or operator shall pay annually in
advance in monthly installmcnts to the
Insurance Commissioner of the State
of Maryland on the first Monday in
each month, the following sums of
money respectively, One-half of which
sums may be deducted by such owner,
employer or operator from the wages
of their employees, and the employer
shall inlOrm their employers of the
provisions of this section and make
the same Il condition of their EN-
ployment. to wit, as follows: any coal
mine or clay mine employer or en-
ployers shall pay said Insurance Com
miSSiOnerS the annual sum OF one dol
lar and eighty cents for each and
every person employed on its payroll in
the State of Maryland; provided. how
ever. that no employer liable under
. the preceding Section of this Act shall
7 be entitled to take advantage of this
Section and its provisions. unless the
said party shall on the first Monday of
each month make a report under oath
to the Insurance Commissioner afOrC-
said, stating the number of persons
actually employed in Maryland. and on
its payroll during the preceding
month; and the estimated number to
be employed during the month of the
report: and shall pay the monthly in
Stallmcnt above required.
Section 1875 c of Article and Sec
llbH IfJ - VI AlllCit 1t 10 lltltbN
made the duty of the Insurance Com
missioner of Maryland to receive and
safe custody keep Of all such sums
of money or insurance premium as
may be paid to him. under the provi-
sions of this Act, and to keep such
monies in a distinct fund. free from
all the monies which may come to
him; and the bond of said Insurance
Commissioner shall be liable for ali
monies which come into his hands UNI
der the provisions of this Act, and to
keep accurate accounts of such mon
les, and the number of accidents in
each occupation giving rise to any
claims against the same: and in the
event of the death of any employee
insured under the Second Section of
this Act. who shall have come to his
or her death in the course of his or
her employment and from causes arts
ing ont of such employment covered
by this Act, provided that such death
shall not have occurred al period
longer than one year from the date of
the injury then the State Insurance
Commissioner. upon being satisfied
by adequate evidence of such death,
shall pay to the legal representative
or unto the widow or children or hus-
band of the deceased, as the said In
surance Commissioner shall deem
wisest. for the dependents, if there
be any, the full sum of one thousand
dollars. and shall pay such indemni-
cation for no other reason or cause
whatsoever.
Section 1873 ID of Article l and
Section 149 ID of Article 12-The
said Insurance Commissioner shall
report in January of each year to the
Governor the experience of this func-
ton of this department and keep prop
cr statistics of the operation of the
same: and shall have power to regu-
late from year to year the amount per
capita required from each employer
for each employee engaged in the oc-
cupation above described and said In
suranca Commissioner shall have pie
nary power to prescribe the notice OF
accident, the character of proof there
of. and the proof of death, ana the
character and specific requirements Of
the monthly report herein provided
for; and to make full regulations for
the government of this function OF
this department; and shall receive
from the annual receipts of such in
suranc2 premiums. one per centum for
the payments of such extra services
as may be required, in the administra-
ton of the duties imposed by this Act.
The word "cmployCc" as used in this
Act shall be construed to mean every
person employed by the employer in
such employment, working in the State
of Maryland.
Section 2--And be it enacted that
this Act shall take effect from the
first 1aV Of JuIy in the wear 1902
Approved April s, 1902.
JOHN WALTER SMITH.
Governor.
JOHN HUBNER,
President of the Senate.
NOBLE l.. MITCHELL,