The Nome daily nugget., 1915-07-24

ever, that II an employee SuStainS an injury as the result of the employers failure to furnish or fails to exercise reasonable care to keep or maintain iany safety device required by statute, for violates any of the statutory pro- visions or rules sand regulations now or hereafter in force relating to safety of employees, the doctrine of assumed risk in such case growing out of the negligence of the employer shall not apply or be available as defensive mat tier to such offending party. The mo- tice required to be given by an em- 1 ployee shall be substantially in the l following form
 EMPLOYEES NOTICE TO REJECT. To....,....( (giving name of employer) You are hereby notified that the un- dersigned elects to reject the terms, conditions and provisions of an Act for the payment of compensation as provided by an Act of the Territorial Legislature of the Territory of Alaska, entitled An Act relating to the meas ure and recovery of compensation of inlured employees in the mining in- dustry of this Territory, and the com pensation to designated beneficiaries where such injuries result in death, defining and regulating the liability of employers to their employees in con- nection with such industry, and re- pealing al acts and parts of acts ;n conflict with this Act" and acts |amendatory thereto, and elects to rely upon the common law, as modified by the provisions of the Act last above referred to, for the right to recover for personal injury, which l may re- ceive if any, growing out of and aris ing from the employment while in line Of duty for my employer above named
 Dated this -. day of. f................
 (Signed) .................. -. ....
 Alaska, ss.
 The undersigned being first duly sworn deposes and says: That the above and foregoing written notice was on the ... day of ................ served on the within named employer of the undersigned by deliVerin%- to ..... ....... .,t...... .......'.....' (here give name of the employer "r his agenD Il true, correct and perbaiim copy thereof.
 (SignedD .... -. -. ....#....+.,..
 Subscribed ard sworn to before ma this ..... day of ..............- ,e....
 Notary Public for Alaska
 My commission expires .............
 Section 34 Where the employer or employee has given notice in compli- ance with this Act electing to reject the terms thereof such election shall be for one year from the date of be- effective. and unless renewed within thiity days before the expira ton of one year. as herein provided, 1t shall be conclusively presumed that such party has elected to waive the re- jection made and come under the pro- visions of this Act to pay or accept as the case may be- the compensation here provided. until the contrary is shown by the service of notice anew. electing to reject the provisions of this Act as herein provided.
 Section B. Where an employer or employee rejects the sterms conditions or provisions of this Act, such party may at any time thereafter elect to waive the same by giving notice in writ ing in the same manner required of the party in electing to reject the pro- visions of this Act. and which shall become effective, and be recorded with the Commissioner or Commissioners. in like manner that said notice to re- ject is required to be recorded.
 Section 36. Where the employer and
  conditions and provisions of this Act, the liability of the employer shall be the same as though the employee had not rejected the terms and conditions thereof and the employer had rejected the same
 Section 37. No claim for compen- sation due under this Act shall be as- signable, and all compensation due hereunder shall be exempt from execu- ton.
 Section 3S. Whenever the term lem ployer'' is used in this Act, reference is had to any person or persons, part nership, joint stock company. asso- citation or corporation employing five or more employees in connection with mining operations carried on in this Territory. And whenever the term employee" is used in this Act, refer? ence Is had to an employee employed