The Nome nugget., 1927-08-20

conditions and provisions of this Act. the rights and remedies there of shall not apply where an en- ployee brings an action or takes proceedings to recover damages or compensation for injuries received growing out of and in he course Of his or her employment, except as otherwise provided by this Act; and ! in such actions where the employee ] has rejected the terms of this Act. the employer shall have the right 1 to plead and rely upon any and all defenses including those at common .aw, and the rules and defenses of | contributory negligence assumption of risk and fellow servant shall ap- ply and be available to the employ CT unles otherwise provided in this Act; Provided. however. that if an employee sustains an injury as the result of the employers failure to furnish. or failure to exercise reas- enable care to keep or maintain, any safety device required by the statute, or violates any of the stat utory provisions or rules and reg ulations now or hereafter in force relating to safety of employees the doctrine of assumed risk in such case growing out of the nesligence of the employer shall not apply and be available as defensive matter to such offending party. The notice required to he given by an en- ployee shall be substantially in the following form:
 EMPLOYEES NOTICE TO REJECT 1 To .. teive name of employer
 You are hereby notified that the undersigned elects to reject the terms. conditions and provisions of an Act for the payment of eompen- sation as provided by the Act of , the Territorial Legislature of the i Territory of Alaska, known IS "The Workmen's Compensation Act of the Territory of Alaska" and Acts amendatory thereto, and elects to rely upon the common law, as mod flied by the provisions of the Act last above referred to, for the right to recover for personal inju- ries, which l may receive. if any. growing out of and arising from the employment while in line of duty for my employer above nam ed.
 Dated this ....--.. day of -------.---.-..
 tSigned ...----...--..,...-....-
 Section 37. While the employer CT employee has given notice in com pliance with this Act electing to re ject the terms thereof. such elec- ion shall be for one year from the date of becoming effective, and nn- less renewed within thirty days be fore the expiration of one year. as herein provided. il shall be con clusively presumed that such party has elected to waive the rejection made and come under the provis- ions of this Act to pay or accept. as the case may be. the compensation here provided. until the contrary is shown by tie service of notice anew, electine to reject the pro- visions of this Act as herein pro vided.
 Section 3S. Where an employer or employee rejects the terms. con- ditions or provisions of this Act, such party may at any time there after elect to waive the same by giving notice in writing in the same manner required of the party in electing to reject the provisions of this Act. and which shall be- come effective. and be recorded with the Commissioner or Comnlis- sioners. in like manner that said notice to reject is required 10 be recorded.
 | Section 39. Where the employer and employee elect to reject the terms. conditions and provisions of this Act, tn liability of the em- ployer shall be the same as though the employee had not rejected the terms and conditions thereof and the employer had rejected the same
 Section 10. No claim for com pensation due under this Act shall be assignable, and all compensa- tion due hereunder shall be eX- empt from execution.
 Section fl. Whenever the term "employer" is used in this Act, referenc is had 10 any Drson or