White Pine news weekly mining review. [volume] (East Ely, Nev.) 1910-1920, 1911-04-23

ments, subject to the maximum pro-
yided in this act. The prevailing
party in any action. brought under
the provisions of this act. shall be
entitled to his costs of suit and
reasonable attorneys fees; provided.
that nothing in this act shall operate
to defeat the constitutional right of
appeal.
Sec. 10. If any employer who
shall be the principal. enters into a
contract with an independent con-
tractor to do part of such employers
work. or If such contractor enters
into a contract with a subcontrac-
tor to do all or any part of the work
comprised in such contractors con-
tract with the employer, the said
principal shall be liable to pay TO any
workman employed in the execution
of the work, any compensation under
this act. which he would have been
liable to pay if thai workmen had
been Immediately employed by him;
and where compensation is claimed
from the principal, then reference
TO the principal shall be substituted
for reference to the employer, except
the noun of compensation shall be
calculated with reference TO the earn
ings of the workman under the con-
tractor or employer by whom he is
Immediately employed. Where such
principal is liable TO pay compensa-
ton he shall be entitled TO be in
Identified by any person who would
have been liable to pay compensa-
,;or 70 Tho workman indanandantlv
of this section. Nothing in the sec
tin shall be construed as preventing
a workman from recovering COM
p~ensation under this act, from the
contractor or subeontractor, instead
of the principal: nor shall this sec
ton apply in any case where the ac-
cident shall occur elsewhere than on
or in or about the premises on which
the principal has undertaken to ex-
ecute the work or which are other
wise under his control or manage
ment.
Sec. IL Nothing in this act con-
tanned shall be held or deemed to
require any workman or his person
al representative to proceed under
if the workman or his personal repre-
covery of compensation of damages
for death or accidental injury. But
if the workman of his personal repre-
~sentatives shall so elect. he or they
may disregard the provisions of this
act and may pursue any remedy at
law for the recovery of such compen-
sation of damages for or or account
of such death or injury. The right
of election or choice of remedies shall
be exercised solely by such workman
or his representatives.
Sec. II. A claim for compensa-
tion for the injury or death of any
employee or any reward or judgment
entered thereon shall be entitled to
a preference over the other debts Of
the employer if and to the same ex-
tent as the wages of such employee
shall be so preferred, but this sec
ton shall not impair the lien of any
judgment entered upon any award.
Sec. 10. The making of a lawful
claim against an employer for COM
pensation under this act for the in
jury or death of his employee shall
operate as IN assignment of any as
signable cause of action in tort which
the employee or his personal repre-
sentative may have against any other
party for such injury or death, and
such employer may enforce in his
own name the liability of such other
party.
Sec. IA. Nothing in this act con-
tanned shall be construed as impair
ing the right of parties interested
after the injury or death of an en-
ployee to compromise or settle upon
such terms as they agree upon any
liability which may be claimed to ex-
list under this act on account of such
injury or death, nor as comforting
upon the dependents of any injured
employee any interest which he may
not divert by such settlement or for
which he or his estate shall in the
event of such settlement by him be
accountable to such dependents or
any of them.
Sec. 10. This act shall take effect
July l, 1911.