ROBERT L. EHRLICH, JR., Governor

Ch. 56

superintendent and of the mine inspector that the injury was received by
the employee in the discharge of his duty and the certificate of a reputable
physician setting forth the injury in detail, and, in the case of continuing
disability, an additional certificate, monthly, of such physician certifying as
to the period that the employee has been unable to resume his duties as a
direct result of the injury, and, in the case of death, an additional
certificate of such physician that death has result from said injury. If the
County Commissioners shall fail or refuse to direct the Treasurer to pay or
the Treasurer shall fail or refuse to pay unto any employee or personal
representative of a deceased employee the relief money provided under
this Article, suit may be brought by him, and in such suit the County
Commissioners of the proper county shall be made defendant and shall
defend such suit as other cases and have power to compromise the same in
the exercise of a just discretion, and if not compromised, the court shall
determine whether such relief money ought to be payable under this
Article, but any judgment rendered in such cases shall only be payable out
of the Relief Fund, provided that any such suit shall be brought by the
employee within twelve (12) months from the date of the injury and by the
personal representative within six (6) months from the date of the death of
the deceased employee, and failure to commence such suits within said
periods shall forfeit all right or claim of said parties to any payments out of
said Fund.]

[66-11.

A. Determination of dependents; manner of payment. Upon application by a
personal representative for the relief money contemplated by the Article
for the sustenance of the indigent dependent or dependents of a deceased
employee, the County Commissioners shall determine who the dependents
are and the relative claims and necessities of each for shares of the relief
money payable and whether the age, habits and prudence of such
dependents, if any, are such as to render them fit persons to receive the
principal of such relief money as may be apportioned by the County
Commissioners to any dependent, and, if not, then the County
Commissioners may order such relief money paid in limited parts,
periodically, until the portion and interest thereon of such dependent shall
become exhausted. In the case of the dependents consisting of a mother
and infant children, said Commissioners may, after adequate
investigation, if they shall deem it of advantage to the dependents, order
not more than seven hundred and fifty dollars ($750.) of such relief money
invested in a home for such dependents, the title to be in fee and to be
invested in the personal representatives as trustee for the benefit of such
dependents, and after such dependents shall arrive at the age of
twenty-one (21) years or marry, then for the benefit of the mother
exclusively. Such Commissioners may pass such orders in relation to the
sale, lease or mortgage of said home as may from time to time become
expedient, with a view to effectuating the relief hereby intended for
indigent dependents and to prevent dependents from suffering and want.

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