1900. ] OF THE HOUSE OF DELEGATES. 221

of, nor in the service of the employer, nor engaged in his
work.

"Sec. 2. Where an employee is instantly killed or dies
without conscious suffering, as the result of the negli-
gence of an employer, or the negligence of any person
for whose negligence the employer is liable under the
provisions of this Act, the widow of the deceased, or in
case there is no widow, the next in kin; provided, that
such next of kin were at the time of the death of such
employee dependent upon the wages of such employee
for support, may maintain an action for damages there-
for, and may recover in the same manner, to the same ex-
teat as if the death of the deceased had not been instan-
taneous, or as if 'the deceased had consciously suffered.

"Sec. 3. The amount of compensation receivable under
this Act in cases of personal injury shall not exceed the
sum of four thousand dollars; in case of death, compen-
sation in lieu thereof, may be recovered in not less than
five hundred and not more than five thousand dollars to
be assessed with reference to the degree of culpability of
the employer therein, or the person for whose negligence
he is made liable, and no action for the recovery of com-
pensation for injury or death under this Act shall be
maintained unless notice of the time, place and cause of
the injury is given to the employer within thirty days,
and the action is commenced within one year from
the occurrence of the accident causing the injury or
death. The notice required by this section shall
be in writing, signed be the person injured or some-
one in his behalf; but if from physical or mental
incapacity, it is impossible for the person in need to give
the notice within the time provided in said section, he
may give the same within ten days after such incapacity
is removed, and in case of his death without having given
the notice, and without having been for ten days at any
time after his injury of sufficient capacity to give the
notice, his executor or administrator may give such notice
within thirty days after his appointment. "

"Sec. 4. Whenever any employer enters into a contract
either written or verbal, with an independent contractor
to do part of such employer's work, or whenever such
contractor enters into a contract with a sub-contractor to