JOHN WALTER SMITH, ESQ., GOVERNOR.

219

State engaged in the work of constructing any sewer, excava-
tion or other physical structure, or the contractors for any
such town, city or county, shall be liable in law to any employe
engaged in the above-named occupations, or in case of death
to his wife, her husband, if the deceased be a married woman,
or to his or her parent or children, in accordance with section
two of Article sixty-seven of the Code of Public General
Laws, for the damages flowing from an injury to said employe
or from the death of such employe, when such death or injury
is caused by the negligence of the employer or by the negli-
gence of any servant or employe of such employer; and if it
appears that such injury or death was caused by the joint
negligence of such employer, his servants or employes, on
the one hand, and the negligence of the injured or deceased
employe on the other hand, then the employer shall be liable
for one-half of the damages sustained by such injury or death.
SEC. 3. Provided, however, that no employer, town, city or

CHAP. 139.

Liable in law
in case of
death
or injury.

county (or contractor or contractors therefor) shall be liable
under the preceding section of this Act, if the said employer,
city, town or county (or contractor or contractors therefor)
shall pay the following annual sums in advance into the
hands of the Insurance Commissioner of the State of Mary-
land, in monthly instalments : First. Every employer engaged
in coal or clay mining or quarrying shall pay the annual sum
of one dollar and eighty cents for every person employed and
working in the State of Maryland. Second. Every employer
engaged in operating any steam railroad shall pay the annual
sum of three dollars for every person employed by it residing
in the State of Maryland. Third. Every employer engaged
in the business of operating any street railway or trolley road
shall pay the annual sum of sixty cents for each person
employed by it within the State of Maryland. Fourth.
Every town, city or county (or the contractor or contractors
therefor) shall pay such annual sum of money for each person
employed in the work of constructing any sewer, excavation
or other physical structure, as the said Insurance Commissioner
shall adjudge to be necessary to insure such employes in the
sum of one thousand dollars in the event of death in such
employment, considering the occupation of trade risk involved ;
provided, however, that any employer, town, city or county
(or contractor therefor) may deduct from the wages of their
respective employes a sum not exceeding one-half of the amount
payable to said Insurance Commissioner under this Act, and
make such deduction by weekly, monthly or other periodic
instalments, such employers to inform their employes of this
provision at the time of their employment or of the continu-
ance of their employment under this Act as a condition of such

When
employer,
town, city or
county
not liable.