THEODORE E. MCKELDIN, GOVERNOR 1265

are wholly dependent persons at the time of death, the
payment shall be sixty-six and two-thirds per centum of the
average weekly wages, not to exceed, however, a maximum
of twenty-five dollars per week, and not less than a mini-
mum of [twelve] fifteen dollars per week unless the de-
ceased employee's established weekly wages were less than
[twelve] fifteen dollars per week at the time of injury, in
which event the compensation shall be an amount equal to
the average weekly wages, and to continue for no more
than five hundred weeks after the date of death and not
to amount to more than a maximum of [Seventy-five Hun-
dred ($7, 500. 00)] ten thousand ($10, 000. 00) dollars nor
less than a minimum of [One Thousand ($1, 000. 00)] two
thousand ($2, 000. 00) dollars.

[ (c) ] (b) If there are no wholly dependent persons
at the time of the death, but there are partly dependent
persons, those partly dependent shall receive compensation
as follows: The weekly payments to such dependents shall
be in amount not exceeding sixty-six and two-thirds per
centum of the average weekly wages or [twenty ($20. 00)]
twenty-five ($25. 00) dollars per week, but may, in the dis-
cretion of the Commission, be for less amount per week
and to continue for all or such portion of the period of 416
weeks, after the date of death, as the Commission in each
case may determine, and not to amount to more than a
maximum of three thousand dollars.

(c) If there are wholly dependent persons and partly
dependent persons, the Commission may, in its discretion,
award compensation to the wholly dependent persons only,
or it may apportion such compensation among such wholly
dependent and partly dependent persons in such propor-
tions as, in the discretion of the Commission, it may con-
sider fair and equitable under all of the facts and circum-
stances of the case, in no event, however, shall the total of
such compensation exceed the sum of ten thousand
($10, 000. 00) dollars.

(d) In all cases, questions of dependency, in whole, or
in part, shall be determined by the Commission in accord-
ance with the facts in each particular case existent at the
time of the injury resulting in death of such employee.

(e) If there be no dependents, the disbursements shall
be limited to the expense provided for in Section 36 hereof.

[(e)] (f) The right to any compensation payable to any
dependent and unpaid at the date of death of any such de-
pendent shall survive to and be vested in the surviving de-
pendents as the Commission may determine, if there be