676 LAWS OF MARYLAND. [CH. 303

CHAPTER 303.

AN ACT to repeal and re-enact with amendments Sections 35
and 58 and Sub-Section 3 of Section 63 of Article 101 (C 1)
of the Annotated Code of Maryland (Bagby's Edition), title
"Workmen's Compensation," so as to make certain changes
in the manner of administering- and the extent of the appli-
cation of Workmen's Compensation.

SECTION 1. Be it enacted by the General Assembly of Mary-
land, That Section 35 of Article 101 (C 1) of the Annotated
Code of Maryland (Bagby's Edition), title "Workmen's Com-
pensation," be and the same is hereby repealed and re-enacted,
with amendments, so as to read as follows:

Section 35. Whenever the State, county, city or any munic-
ipality shall engage in any extra hazardous work, within the
meaning of this Act, whether for pecuniary gain or otherwise,
in which workmen are employed for wages, this Act shall be
applicable thereto. 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 Act is made for municipal
employes injured in the course of employment, such employes
shall not be entitled to the benefits of this Act.

SEC. 2. And be it further enacted, That Section 58 of
Article 101 (C 1) of the Annotated Code as the same was
amended by Chapter 456 of the Acts of the General Assembly
of 1920, be and the same is hereby repealed and re-enacted,
with amendments, so as to read as follows:

Section 58. Where injury or death for which compensation
is payable under this Act, was caused under circumstances
creating a legal liability in some person other than the em-
ployer to pay damages in respect thereof, the employee, or in
the case of death, his personal representatives or dependents as
hereinbefore denned, may proceed either by law against that
other person to recover damages or against the employer for
compensation under this Act, or in case of joint tortfeasors
against both; and if compensation is claimed and awarded or
paid under this Act, any employer, if he is self-insured, insur-
ance company, association or the State Accident Fund, may
enforce for their benefit, as the case may, the liability of such
other person; provided, however, if damages are recovered in
excess of the compensation already paid or awarded to be paid
under this Act, and also any payments made for medical or