visions hereof, it shall not be a defense to any employer (as herein in this act defined) who shall not have elected, as hereinbefore provided, to come within the provisions of this act: (a) That the employé either expressly or impliedly assumed the risk of the hazard complained of; (b) that the injury or death was caused in whole or in part by the want of due care of a fellow servant; (c) that such employé was guilty of contributory negligence but such contributory negligence of said employé shall be considered by the jury in assessing the amount of recovery.

Sec. 47. In an action to recover damages for a personal injury sustained within this state by an employé (entitled to come within the provisions of this act) while engaged in the line of his duty as such or for death resulting from personal injury so sustained in which recovery is sought upon the ground of want of due care of the employer or of any officer, agent or servant of the employer, and where such employer has elected to come and is within the provisions of this act as hereinbefore provided, it shall be a defense for such employer in all cases where said employé has elected not to come within the provisions of this act: (a) That the employé either expressly or impliedly assumed the risk of the hazard complained of; (b) that the injury or death was caused in whole or in part by the want of due care of a fellow servant; (c) that said employé was guilty of contributory negligence; provided, however, that none of these defenses shall be available where the injury was caused by the willful or gross negligence of such employer, or of any managing officer, or managing agent of said employer, or where under the law existing at the time of the death or injury such defenses are not available.

Sec. 48. Nothing in this act shall be construed to amend or repeal section 6999 of the General Statutes of Kansas of 1909, or House bill No. 240 of the Session of

1911, the same being "An act relating to the liability of common carriers by railroads to their employés in certain cases, and repealing all acts and parts of acts so far as the same are in conflict herewith."

§ 293. Formal procedure under the act.—The Kansas Workmen's Compensation Act is administered by the Bureau of Labor and Factory Inspection, whose offices are located in the Capitol Building at Topeka. The only printed matter used by this bureau in connection with the administration of this law at the time this is written is "a blank form for use of employers in filing notice of election to be governed by this law." This form is set out in the following section:

§ 294.-Form of election of employer to come within the provisions of the act.

come under the provisions of Chapter 218, Session Laws of 1911, being an act entitled "An Act to Provide Compensation for Workmen Injured in Certain Hazardous Industries"; that said-----is an employer of labor, and is engaged in the business of-----_______in the State of Kansas.

Before me, the undersigned, a notary public in and for the county of-----..comes... who is personally known to me to be the same person who executed the foregoing instrument of writing, and such person duly acknowledged the same to be his voluntary act and deed, and that he has full authority and power to sign said instrument in writing and to execute the same for the purposes in said writing therein set out.

Witness my hand and notarial seal, this. day of---.

_19___

§ 295. The nature and scope of act.-The New Hampshire Act applies to five extra hazardous employments and is optional in form. The employer in these employments is denied the defenses of fellow servant and assumption of risk but not that of contributory negligence. The employé is denied relief where his injury is caused in full or in part by intoxication, violation of law or serious or wilful misconduct. The injuries covered by the act are those which incapacitate the employé for more than two weeks. The employé loses all right to the benefits of the act by commencing suit for his injuries after acceptance of its provisions. The provisions of Sec. 2, the liability section of the act, shall not apply to any employer who shall have filed with the Commissioner of Labor his declaration in writing that he accepts the succeeding sections, viz. 3 to 13 inclusive, and shall have satisfied the Commissioner of his financial ability to comply or has filed his bond in such form and amount as the Commissioner may prescribe. Any person aggrieved by any decision of the commission respecting the filing of declaration or bonds or matters connected therewith by the employer may ap

ply by petition to any justice of the superior court for a review of such decision. The justice's decision thereon is final. The compensation provided by the act may be determined by agreement, or by an action at equity in any court having jurisdiction of an action for recovery of damages for negligence. In death cases the court may apportion to each dependent his share of the judgment, and in the absence of such determination any person interested in the judgment may bring proceedings in a probate court of proper jurisdiction and have the apportionment made.

§ 296. Text of the New Hampshire compensation act. The act became operative January 1, 1912. It provides:

Section 1. This act shall apply only to workmen engaged in manual or mechanical labor in the employments described in this section, which, from the nature, conditions or means of prosecution of such work, are dangerous to the life and limb of workmen engaged therein, because in them the risks of employment and the danger of injury caused by fellow servants are great and difficult to avoid. (a) The operation on steam or electric railroads of locomotives, engines, trains or cars, or the construction, alteration, maintenance or repair of steam railroad tracks or road beds over which such locomotives, engines, trains or cars are or are to be operated. (b) Work in any shop, mill, factory or other place on, in connection with or in proximity to any hoisting apparatus, or any machinery propelled or operated by steam or other mechanical power in which shop, mill, factory or other place five or more persons are engaged in manual or mechanical labor. (c) The construction, operation, alteration or repair of wires or lines of wires, cables, switch-boards or apparatus, charged with electric currents. (d) All work necessitating dangerous proximity to gunpowder, blasting pow