JOHN WALTER SMITH, ESQ., GOVERNOR.

595

gence of any agent or agents, employe or employee, and if the
negligence causing such injury be found to consist of the joint
or collective negligence of both the employer, his agent
or agents, employe or employes, on the one hand, and of the
negligence of the injured employe on the other hand, then it
shall be the duty of the jury, or of the Court sitting as a jury,
to determine and ascertain as near as may be the proportion of
such negligence of which each has been guilty, and having
ascertained and determined such proportions of negligence
causing the injury, it shall be the duty of the jury, or of the
Court sitting as a jury, to apportion the damages arising from
said injury in like proportion or degree and award to the
plaintiff or plaintiffs the proportion of damages suffered which
it shall have been determined was the proportion of the
defendant or defendants' negligence contributing to the injury
complained of.

CHAP. 412.

Section 195 B of Article 1 and Section 149 B of Article 12.
Provided, that no employer, owner or operator shall be liable
under the aforegoing section of this Act if the said em-
ployer, owner or operator shall pay annually in advance
in monthly instalments, to the Insurance Commissioner of
the State of Maryland, on the first Monday in each mouth,
the following sums of money, respectively, one half of
which sums may be deducted by such owner, employer or
operator from the wages of their employes, and the employer
shall inform their employes of the provisions of this section, and
make the same a condition of their employment, to wit, as fol-
lows: Any coal mine or clay mine employer or employers shall
pay said Insurance Commissioner the annual sum of one dollar
and eighty cents for each and every person employed on its pay
roll in the State of Maryland; provided, however, that no
employer liable under the preceding section of this Act shall be
entitled to take advantage of this section of this Act and its
provisions, unless the said party shall on the first Monday of
each month make a report under oath to the Insurance Com-
missioner aforesaid, stating the number of persons actually
employed in Maryland, and on its pay roll during the pre-
ceding month, and the estimated number to be employed
during the month of the report, and shall pay the monthly
instalment above required.

When
employer,
owner
or guardian
shall
not be liable.

Section 195 C of Article 1 and Section 149 of Article 12.
It is hereby made the duty of the Insurance Commissioner
of Maryland to receive and safe custody keep of all such
sums of money or insurance premium as may be paid to him
under the provisions of this Act, and to keep such monies in
a distinct fund free from all other monies which may come to

Receive and
keep all sums
of money
or insurance
premiums,
etc.