4. The operation of all elevators, elevating machines or derricks or hoisting apparatus used within or on the outside of any bridge, building or other structure for conveying materials in connection with the erection or demolition of such bridge, building, or structure.

5. All work on ladders or scaffolds of any kind elevated twenty (20) feet or more above the ground or floor beneath in the erection, construction, repair, painting or alteration of any building, bridge, structure or other work in which the same are used.

6. All work of construction, operation, alteration or repair where wires, cables, switchboards, or other apparatus or machinery are in use charged with electrical current.

7. All work in the construction, alteration, or repair of pole lines for telegraph, telephone or other purposes.

8. All work in or about quarries, open pits, open cuts, mines, ore reduction works and smelters.

9. All work in the construction and repair of tunnels, sub-ways and viaducts.

10. All works in mills, shops, works, yards, plants, and factories where steam, electricity, or any other mechanical power is used to operate machinery and appliances in and about such premises.

§ 5. Safety rules.-Every employer, whether individual, firm, association, company, or corporation, employing workmen in such occupation, of itself or through an agent, shall by rules, regulations, or instructions, inform all employés in such occupations as to the duties and restrictions of their employment, to the end of protecting the safety of employés in such employment. § 6. Circumstances of liability.-To whom damages payable. When in the course of work in any of the employments or occupations enumerated in the preceding section personal injury or death by any accident arising out of and in the course of such labor, service and employment, and due to a condition or conditions of such occupations or employment, is caused to or suffered by any workman engaged therein, in all cases in which such injury or death of such employé shall not have been caused by the negligence of the employé killed or injured, then the employer of such employé shall be liable in damages to employé injured, or, in case death ensues, to the personal representative of the deceased for the benefit of the surviving widow or husband and children of such employé; and, if none, then to such employé's parents; and, if none, then to the next of kin dependent upon such employé, and, if none then to his personal representative, for the benefit of the estate of the deceased.

§ 7. Questions of fact-Contributory negligence.—In all actions hereafter brought against any such employer under or by virtue of any of the provisions of this chapter to recover damages for personal injuries to any employé, or where such injuries have resulted in his death, the question whether the employé may have been guilty of contributory negligence, or has assumed the risk, shall be a question of fact and shall at all times, regardless of the state of the evidence relating thereto, be left to the jury, as provided in Sec. 5, of Article XVIII of the State Constitution; provided, however, that in all actions brought against any employer, under or by virtue of any of the provisions of this chapter to recover damages for personal injuries to an employé, or where such injuries have resulted in his death, the

fact that the employé may have been guilty of contributory negligence shall not bar a recovery, but the damages shall be diminished by the jury in proportion to the amount of negligence attributable to such employé.

§ 8. No contract exemption-Set-off.-That any contract, rule, regulation, or device whatsoever, the purpose or intent of which shall be to enable any employer to exempt himself or itself from any liability created by this chapter, shall to that extent be void; provided, that in any action brought against such employer under or by virtue of any of the provisions of this chapter, such employer may set off therein any sum it has contributed or paid to any insurance, relief, benefit, or indemnity or that it may have paid to the injured employé or his personal representative on account of the injury or death for which said action was brought.

§ 9. Interest on judgment.-In all actions for damages brought under the provisions of this chapter, if the plaintiff be successful in obtaining judgment; and if the defendant appeals to a higher court; and if the plaintiff in the lower court be again successful; and the judgment of the lower court is sustained by the higher court or courts; then, and in that event the plaintiff shall have added to the amount of such judgment by such higher court or courts, interest at the rate of 12 per cent per annum on the amount of such judgment from the date of the filing of the suit in the first instance until the full amount of such judgment is paid.

§ 10. Time limitation.-No action shall be maintained under this chapter unless commenced within two years from the day the cause of action accrued.

WORKMEN'S COMPENSATION, INSURANCE AND SAFETY ACT

(Laws 1913, c. 176, amended by Laws 1915, cc. 541, 607, 662.)

§ 1. Short title.-This act shall be known, and may be cited, as the "workmen's compensation, insurance and safety act" and shall apply to the subjects mentioned in its title.

§ 2. Terms defined.-The following terms as used in this act shall, unless a different meaning is plainly required by the context, be construed as follows: (1) "Commission."-The term "commission" means the Industrial Accicident Commission of the State of California.

(2) "Commissioner."-The term "commissioner" means one of the members of the commission.

(3) "Compensation."-The term "compensation" means compensation under this act and includes every benefit or payment conferred by sections twelve to