WORKMEN'S COMPENSATION. 1309

An. Code, 1924, sec. 35. 1914, ch. 800, sec. 34. 1922, ch. 303, sec. 35.
1924, ch. 332. 1927, chs. 83 and 395.

35. Whenever the State, county, city or any municipality shall engage
in any extra-hazardous work, within the meaning of this Article, whether
for pecuniary gain or otherwise, in which workmen are employed for
wages, this Article shall be applicable thereto. The officers of the Mary-
land State Police Force and all Guards employed by any of the penal
institutions of this State shall be deemed workmen for wages within the
meaning of this section. Whenever and so long as by State Law, City
Charter or Municipal Ordinance, provision equal or better than that given
under the terms of this Article is made for municipal employees injured
in the course of employment, such employees shall not be entitled to the
benefits of this Article.

Park policeman of Baltimore City not workman within meaning of this sec-
tion. Harris v. Baltimore, 151 Md. 16 (decided prior to act 1927, chs. 83 and
395).

This section referred to in construing act 1924, ch. 41, authorizing Baltimore
to establish system of pensions, etc. Duncan v. Graham, 155 Md. 512.

Purpose of act 1924, ch. 332. See notes to sec. 65. Merrill v. Military Dept.,
152 Md. 478.

Nursing is not extra-hazardous work under the provisions of this article.
Baltimore v. Smith, Daily Record, April 11, 1935.

1927, ch. 660.

35A. Whenever any prisoner in the Maryland Penitentiary or the
Maryland House of Correction shall be engaged in any extra-hazardous

employment within the meaning of this Article for which wages or a stipu-
lated sum are paid either to the institution or to the prisoner, this Article
shall be applicable thereto. The average weekly wages of any such
prisoner shall be the average weekly wages or remuneration which the em-
ployer pays for the labor of said prisoner, whether to the institution or the
prisoner, or both; and the State Industrial Accident Commission in award-
ing compensation in cases of injuries to prisoners in the course of their
employment, shall direct that all of the compensation for which the em-
ployer of said prisoner is liable hereunder, shall be paid to the institution
in which the said prisoner is confined at the time of his injury, and out of
the compensation paid to any such institution under the provisions of this
Article, the institution shall retain a sum equal to the average weekly
amount received by said institution (if the compensation shall amount to
so much) for the labor of said prisoner over and above any bonus received
by or for the use of said prisoner, and the surplus of any such compensa-
tion, if any, shall be credited to and belong to the injured prisoner. The

disposition of the compensation as above provided shall continue until the
prisoner shall resume work or until his death or discharge from the insti-
tution. When such prisoner shall resume work any compensation to which
he may still be entitled by reason of partial disability, temporary or
permanent, shall be payable to the institution and first applied towards
reimbursement to the institution for any loss which it may sustain in the

earnings of said prisoner by reason of his injuries, and the balance, if any,