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Proof not required.

claims.

Recovery.

SEC. 3. No proof of the fact that said deceased employee left no dependent entitled to compensation under chapter ninety-five of the Session Laws of one thousand nine hundred and eleven, or its supplements or amendments, shall be required on the part of the commissioner of labor in any action brought to recover said sum of four hundred dollars, if proof of publication of the above notice under oath is annexed to the complaint filed in any such action.

Subsequent SEC. 4. In case any dependent of such deceased employee shall make any claim to compensation under chapter ninety-five of the Session Laws of one thousand nine hundred and eleven, or its supplements or amendments, after payment of said sum of four hundred dollars by the employer of any such deceased employee to the commissioner of labor, as aforesaid, such dependent shall be entitled to recover from said employer as though this act had not been passed; but in any such event. the said employer, upon proving to the said commissioner of labor that he has made a valid agreement to make compensation to said defendent in the manner required by said chapter ninety-five of the Session Laws of one thousand nine hundred and eleven, or its supplements or amendments, or that judgment has been entered against Repayment him in a proceeding under said act to enforce such compensation, shall be entitled to receive repayment of such sum of four hundred dollars by the state treasurer from the said fund, which repayment shall be made upon the certificate of the commissioner of labor, indorsed with the approval of the attorney general.

to employer.

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SEC. 5. In case any portion whatsoever of this act shall be adjudged to be unconstitutional, it shall not invalidate the remaining portions of said act, but shall be regarded as severable therefrom.

SEC. 6. This act shall not apply to employers of domestic help or farm labor.

Approved March 4, 1918.

NEW MEXICO.

ACTS OF 1917.

CHAPTER 83.-Compensation of workmen for injuries.

SECTION 1. This act shall be known as the workmen's compensation act.

Title.

Act applies,

SEC. 2. Whenever any person, firm or corporation engaged in carrying on, for the purpose of business, trade or gain, within when. this State, either or any of the extra hazardous occupations or pursuits herein named or described and intended to be affected hereby, shall employ therein as many as four workmen, except as hereinafter provided, such employer shall become liable to, and shall pay to any such workman injured by accident arising out of and in the course of his employment in any such occupation and pursuit, and, in case of his death being occasioned thereby, to such person as may be appointed by the court to receive the same for the benefit of his dependents, compensation in the manner and amount, and at the times, herein required, in event previous to the occurrence of such injury, such employer and injured workman have by an agreement, either express or implied, accepted and agreed to be bound by this act: Provided, That if any such injury so occurs to any such workman in such service while at work upon any derrick, scaffolding, pole or other structure ten feet or more above the surface of the ground, this act shall apply without regard to the number of workmen employed at the time: Prorided, That an employer engaged in any occupation or pursuit not included among the extra hazardous employments herein described, and the workmen employed by him may become subject to this act by written agreement filed in the office of the clerk of the district court of the county in which such occupation or pursuit is carried on.

SEC. 3. Every such employer engaged in any such occupation Guaranty of shall file in the office of the clerk of the district court for the payments. county in which such workman, is, or it is contemplated at the time of such agreement such workman is to be employed, previous to or within thirty days, after having made any such agreement, express or implied, with such workman (unless the judge of such district court shall, by order duly filed in the office of said clerk, extend the time therefor, in which event the same shall be so filed within the time as so extended) good and sufficient undertaking in the nature of insurance or security for the payment to any and all such injured workmen, or, in case of death, to the person appointed by the court to receive the same, for the benefit of the dependents, if any there be, entitled thereto hereunder; except, that in case any employer shall be able to show to the satisfaction of such judge that he, or it, is financially solvent, and that the giving of such security is unnecessary, such judge shall issue thereto a certificate to that effect, which shall also be filed with said clerk, and thereupon such employer shall be excused from filing such undertaking otherwise required until the further order of such judge, if any, directing otherwise. Public utility corporations doing business generally throughout the State may satisfy this requirement by filing such undertaking in the office of the clerk of the district court of the county wherein such corporation has its principal office in the State or by satisfying the judge of said court of its solvency, and filing the certificate to that effect in the office of such clerk. Such undertaking shall be either in the nature of a policy certificate of guarantee, or insur- required.

Self-insurers.

Undertaking

Approval.

ance, or mutual insurance, issued by some guarantee, insurance or mutual insurance company duly authorized to enter into such character of contracts, or a bond, or other sufficient undertaking, executed by such employer and two or more good and sufficient sureties, owners of real estate in this State, or secured in such other way as the court may, in any special instance, direct. In any case such undertaking, or bond, shall be of sufficient form, and be, in legal effect, an obligation of all parties and sureties executing the same, so that judgment may issue thereupon in any proper case to any workman entitled thereto against both such employer and such insurer or guarantor or sureties or either thereof in event of legal proceedings being brought to recover the same as herein provided. The name and post-office address of each party to such undertaking shall be written or printed upou such undertaking in order that summons by notice, in event of suit against such party being brought by any claimant under such undertaking, may be served upon such party. Any certificate of the judge of said court above referred to shall show the postoffice address of such employer. The clerk shall not accept or file any such undertaking or certificate unless and until such postoffice addresses are so shown. Every such undertaking or bond signed by such sureties must be approved by said judge as to form, amount and sufficiency of surety, but not such undertakings executed by such insurance, or guarantee companies, in which the amount of the undertaking or liability is not limited to any specified amount, or amounts, [;] such amount shall be fixed by order of said judge at such sum as will in his opinion be sufficient to protect all claims which it reasonably appears might be presented for payment thereunder upon application of the employer showing the character of occupation he is, or is proposing to carry on, where he proposes to prosecute the same, the number of workmen he is, or is proposing, to employ, the average weekly earnings of such workmen approximately, and any other data in connection therewith such judge may require. Such application shall be ex parte and in writing, and the order of such judge in the premises shall be indorsed thereupon and the same shall also be filed with such clerk. Such court may, at any time, either increase or decrease the amount of any such undertaking, or require such security from any employer to whom it has previously executed any certificate above referred to under which such emDirect 11a ployer has been excused from giving such security. Every contract or policy insuring against liability for compensation, or contract or bond or guaranty or surety, filed as provided by this see tion or entered into with any employer subject to this act, shall provide that the insurance carrier, guarantor, or surety, as the case may be, shall be directly and primarily liable to the workman, and in event of his death his dependents, to pay the compensation for which the employer is liable.

bility.

Presumption SEC. 4. Every contract of hiring, verbal or written, made subse as to contracts. quent to the time this act takes effect, and every such contract made previous thereto and continued thereafter, shall be presumed to have been so made, or so continued, as the case may be. with reference to the provisions of this act, and, unless there be as a part of such contract so made or continued an express statement in writing prior to any accident, either in the contract itself, or by written notice from either party to the other in substauce that the provisions of this act are not intended to apply, then it shall be conclusively presumed that the parties have accepted the provisions hereof and have agreed to be bound thereby and were working thereunder at the time of any such injury. Minors of the age of fourteen years or over shall have the same contractual powers hereunder and shall be subject to the provisions of this act to the same extent as adult workmen.

Minors.

Remedy exclusive.

SEC. 5. This act shall be construed as creating a new right and special procedure for the enforcement of the same, and the rights and remedies provided in this act for workmen and their depend ents coming under the terms hereof, on account of injuries suf

fered by accident arising out of and in the course of the employ ment of such workman, shall be exclusive of all other rights and remedies of such workman, his personal representative or dependent family, next of kin and all other persons, at common law or otherwise; and all other laws and parts of laws relating to, or providing damages for injuries, or death from injuries, or under which the same are recoverable, otherwise than as herein provided, and which are in conflict herewith, shall not apply as to the employments, employers, and workmen in cases in which such employers and workmen are bound by this act.

Defenses ab.

SEC. 6. No employer in any case which would otherwise be governed by the provisions of this act who shall have elected not rogated. to be bound by this act, shall, in case of any suit against him for damages on account of injury suffered by accident or arising out of and in course of employment of such workman, be entitled to defend the same on account (a) of the negligence of such workman having contributed to the injury; (b) that the injury was caused by the negligence of a fellow servant; (c) that the workman had assumed the risk inherent in or incidental to such employment or business, or arising from the failure of the employer to provide safe premises and suitable appliances; which defenses are in all such cases abolished: Provided, That such defenses shall remain only in cases where the workman is not bound by the provisions of this act and the employer has filed the undertaking or certificate required by section three hereof.

when.

SEC. 7. In case an injury to, or death of, a workman results from Compensahis failure to observe a statutory regulation appertaining to the tion reduced, safe conduct of his employment, or from his failure to use a safety device provided by the employer, then the compensation otherwise payable under this act shall be reduced by fifty per cent. In case an injury to, or death of, a workman results from the failure of the employer to provide the safety devices required by law then the compensation otherwise payable under this act shall be increased by fifty per cent.

Injuries not

SEC. 8. No compensation shall become due or payable from any employer under the terms hereof in event such injury was occa- compensable. sioned by the intoxication of such workman, or willfully suffered by him, or intentionally inflicted by himself or another.

SEC. 9. Any agreement made between such employer and any Termination such workman to be bound by the provisions hereof may be ter- of agreements. minated by either party upon giving thirty days' notice to the other in writing, prior to any accidental injury suffered by such workman.

SEC. 10. The extra hazardous occupations and pursuits to which Extra hazthis act is applicable are as follows: Factories, mills and work- ardous occupations. shops where machinery is used; foundries, blast furnaces; mines, oil wells; gas works; natural gas plants, water works; reduction works, breweries; elevators; dredges; smelters; powder works; laundries operated by power; quarries; engineering works; logging, lumbering and sawmill operations; street railways; buildings being constructed, repaired, moved, or demolished; telephone, telegraph, electric light or power plants or lines; steam heating or power plants; bridge building, railroad construction work, but shall not include railroad construction work of any character when done by the owner or operator of any railroad; and all employment wherein a process requiring the use of any dangerous explosive or inflammable material is carried on; and each of which employments above named is hereby determined to be extra hazardous, in which, from the nature, conditions or means of prosecution of the work therein required risks to the life and limb of the workman engaged therein are inherent, necessary or substantially unavoidable. This act shall not apply in any case where the injury occurred before this act takes effect, and all rights which have accrued by reason of any such injury prior to the taking effect of this act shall be saved the remedies now existing therefor.

Interstate

commerce.

Definitions.

SEC. 11. This act shall not be construed to apply to business or pursuits or employments which according to law are so engaged in interstate commerce as to be not subject to the legislative power of the State, nor to persons injured while they are so engaged.

SEC. 12. In this act unless the context otherwise requires:

(a) "Factories" means any premises wherein power is used in manufacturing, making, altering, adapting, ornamenting, finishing, repairing or renovating any article, including expressly any brickyard, meat-packing house, foundry, smelter, ore-reduction works, lime-burning plant, stucco plant, steam heating plant, electric lighting or power plant including all work in or directly connected with the construction, installation, operation, alteration, removal or repair of wires, cables, switchboards or apparatus used for the transmission of electric current, and water-power plant, including towers and standpipes, power plant, blast furnace, paper mill, printing plant, flour mill, glass factory, cement plant, artificial gas plant, machine or machine repair shop, salt plant, oil-refinery plant, chemical-manufacturing plant, coke ovens and coal washeries.

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(b) "Workshop means any yard, plant, premises, room or place where power-driven machinery is employed and manual labor is exercised incidental to the process of making, altering, repairing, printing, or ornamenting, finishing or adapting for sale or otherwise any article or part of article, over which premises, room or place the employer of the person working therein has the right of access or control.

(c) "Mill" means any plant, premises, room or place where machinery is used, any process of machinery, changing, altering, or repairing any article or commodity for sale or otherwise, together with the yards and premises which are part of the plant, including elevators, warehouses and bunkers, sawmill, sash fac tory or other work in the lumber industry.

(d) "Mine" means any opening in the earth for the purpose of extracting iron, oil, coal or other minerals, and all underground workings, slopes, drifts, shafts, galleries, wells and tunnels, and other ways, cuts and openings connected therewith, including those in the course of being opened, sunk or driven, and includes all the appurtenant structures or machinery at or about the openings of the mine, and any adjoining or adjacent work place where the material from a mine is prepared for use or shipment, including tramways, tracks, haulage-ways, loading bins and tipples.

(e) “Quarry" means any place, not a mine, where stone, slate, clay, sand, gravel or other solid material is extracted from the earth.

(f) Reference to any "building work" shall be understood to include any work in the erection, construction, extension, decoration, alteration, repair or demolition of any building or structural appurtenances, except residences and structures being built for the private use of the owner on farms, ranches or residence lots and not under contract.

(g) Engineering work" means any work in the construction, alteration, extension, repair or demolition of a bridge, jetty, dike, dam reservoir, underground conduit, sewer, oil or gas well, oil tank, gas tank, water tank or tower, any caisson work or work in artificially compressed air, any work in dredging, work on log or lumber rafts or booms; pile driving, moving safes, or in laying, repairing or removing underground pipes and connections, the erection, installing, repairing, or removing underground pipes and connections, the erection, installing, repairing, or removing of boilers, furnaces, engines and power machinery (including belting and other connections) and any work in grading or excavating where shoring is necessary or power machinery or blasting powder, dynamite or other high explosives are in use.

(h) "Employer" includes any person, or body of persons, corporate or incorporate, and the legal representative of a deceased employer or the receiver or trustee of a person, corporation, asso

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