When acci dent caused partial disability. Maximum benefit where deceased leaves no one wholly dependent. To whom death benefits paid. Division of benefit by beneficiaries. By whom application for benefit made. the unpaid and unaccrued portion of the permanent total disability benefit which the employee would have received had he lived until he had received the 'sum of twenty-five hundred dollars. (b) Where the accident proximately caused permanent partial disability, the death benefit shall consist of the unpaid and unaccrued portion of the permanent partial disability benefit which the employee would have received if he had lived. Sec. 58. If death occurs to an injured employee, either as a proximate result of the accident or otherwise, before disability indemnity ceases, and the deceased employee leaves no one wholly dependent upon him for support, but one or more persons partially dependent therefor, the death benefit shall not exceed four times the amount devoted by deceased during the year immediately preceding his death to the support of such dependents and shall be apportioned according to the percentage that the amount devoted by the deceased to the support of such person or persons for the year immediately prior to the accident bears to the average annual earnings of the deceased; Provided, That such death benefits shall not exceed in the aggregate the difference between the amount of liability benefits received by deceased in his lifetime and the sum of twenty-five hundred dollars. Sec. 59. The benefits in case of death shall be paid to such one or more of the dependents of the decedent for the benefit of all the dependents entitled to such compensation as may be determined by the commission, who may apportion the benefits among such dependents in such manner as it may deem just and equitable. Payment to a dependent subsequent in right may be made, if the commission deems it proper, which payment shall operate to discharge all other claims therefor. The dependents or persons to whom benefits are paid shall apply the same to the use of the several beneficiaries thereof, according to their respective claims upon the decedent for support in compliance with the finding and direction of the commission. In all cases of death where the dependents are a widow and one or more minor children, it shall be suffi cient for the widow to make application to the commission on behalf of herself and minor children; and in cases where all of the dependents are minors, the application shall be made by the guardian or next friend of such minor dependents. Sec. 60. Payment of death benefits to one or more dependents shall protect and discharge to that extent all compensation under this act, unless and until any other person claiming to be a dependent shall have given the commission notice of his claim. In such case the commission shall determine the respective rights of said rival claimants, and thereafter such death benefits shall be paid to such dependents as it shall so find entitled under the provisions of this act. Payment of benefits in case of con test between beneficiaries Sec. 61. The compensation provided herein shall be what acts of reduced fifty per cent: (a) Where injury is caused by the wilful failure of the employee to use safety devices provided by the employer; (b) Where injury results from the employee's wilful failure to obey any reasonable rule adopted by the employer for the safety of the employee; (c) Where injury results from the intoxication of the employee. employee reduce benefits. No claim to maintained recover unless notice given. notice. claim made. Sec. 62. No claim to recover compensation under this act shall be maintained unless, within thirty days after the occurrence of the accident which is claimed to have caused the injury or death, notice in writing, stating the name and address of the person injured, the time and Contents of place where the accident occurred, the nature and cause of the injury, and making a claim for compensation with respect to injury and signed by the person injured, or by By whom some one in his behalf, or in case of death, by a dependent or some one on his behalf, stating also the names and addresses of each dependent, shall be served upon the commission, either by delivering to, and leaving with it a copy of such notice, or by mailing to it by registered mail, a copy thereof, in a sealed and postpaid envelope, addressed to him at its office in Denver, Colorado. Such mailing shall constitute completed service; Provided, however, That the failure to give any such notice or any Service of claim. Effect of failure to give or defect in notice. Limitation of action. Compensation exempt from execution. Compensation -not assignable. Effect of making claim un der this act. State treasurer custodian of insurance fund. Auditor draw Funds deposited. Interest on fund. Insurance fund not used for other purposes. defect or inaccuracy therein, shall not be a bar to a recovery under this act, if it is found as a fact in the proceedings for the collection of the claim, that there was no intention to mislead the commission, and that it was not, in fact, misled thereby, or that said claimants were nonresidents; And, provided further, That if no such notice is given, and no payment of compensation has been made within one year from the date of the accident, the right to compensation therefor shall be wholly barred. Sec. 63. Compensation before payment shall be exempt from all claims of creditors and from any attachment or execution, and shall be paid only to such employees or their dependents. Sec. 64. No claim for compensation under this act shall be assignable, but this provision shall not affect the survival thereof. Sec. 65. The making of a claim for compensation under this act, for the injury of or death shall operate as an assignment of any cause of action in court which the employee, or his legal representative, or others, may have against any other party, for such injury or death. Sec. 66. The State Treasurer shall be the custodian of the State Compensation Insurance Fund and all disbursements therefrom shall be paid by him upon warrants of the State Auditor upon vouchers authorized by the commission for benefits legally due to the person or persons designated in such vouchers, and the State Auditor is hereby authorized and directed to draw warrants upon the State Compensation Insurance Fund for payment thereof. Sec. 67. The State Treasurer is hereby authorized to deposit any portion of the State Compensation Insurance Fund not needed for immediate use, in the same manner and subject to all provisions of law with respect to the deposit of state funds by such Treasurer; and all interest earned by such portion of the State Compensation Insurance Fund as may be deposited by the State Treasurer in pursuance of authority herein given, shall be collected by him and placed to the credit of such fund; Provided, however, That none of the funds belonging to the State Compensation Insurance Fund shall be used for any other purpose whatsoever. bond of state Sec. 68. The State Treasurer shall give a separate Additional and additional bond in such amount as may be fixed by treasurer. the Governor, and with sureties to his approval, conditioned for the faithful performance of his duties as custodian of the State Compensation Insurance Fund, subject to all provisions of law governing bonds of State Treasurer. and orders Sec. 69. The commission shall have full power and Findings authority to hear and determine all questions within its final-unjurisdiction, and its finding, award and order issued thereon shall be final, except as in this act provided. less Petition for hearing on Any person affected by any finding, order or award of the commission may petition for a hearing on the finding or reasonableness of any such finding, order or award. order. of petition. raised by pe Such petition shall be verified, and shall specify the Contents finding, order or award upon which a hearing is desired and every reason why such finding or order or award is considered unreasonable. The petitioner shall be deemed to have finally waived all objections to any irregularities and illegalities in the finding, order or award upon which a hearing is sought other than those set forth in the petition. All hearings of the commission shall be open to the public. public. Matters not titionwaived. Hearings concerning submitted to commis Agreements Sec. 70. Any dispute or controversy concerning Disputes compensation under this act, including any in which the compensation state may be a party, shall be submitted to said Industrial Commission in the manner, and with the effect, provided sion. herein. If the injured employee or his dependents, and the employer or his insurer reach an agreement in regard to compensation under this act, a memorandum of the between earagreement shall be filed with the commission, and, if approved by it, thereupon the memorandum for all pur- sion. poses, shall be enforceable as are all the awards of the commission. All such agreements shall be approved by the commission. Such approval shall be given by the commission only, when the terms thereof conform to the provisions of this act. ployer and employee filed with commis Upon the filing with the commission by any party in interest, of an application in writing stating the general claims. Hearing on Notice of hearing. Where hearings held. Parties may attend hearing. Commission may cause testimony to be taken. Ex parte testimony reduced to writing. Commission may issue subpoena, etc. Fees of offcers and witnesses. How pain. nature of any claim as to which any dispute or controversy may have arisen, the commission shall fix a time for the hearing thereof, which shall not be more than forty days after the filing of such application. The commission shall cause reasonable notice of such hearing embracing a general statement of such claim, to be given to each party interested, by service of such notice on him personally or by mailing a copy thereof to him at his last known postoffice address at least ten days before such hearing. Such hearing may be adjourned from time to time in the discretion of the commission, and hearings shall be held at such places as the commission may designate. Either party shall have the right to be present at any hearing, in person or by attorney, or by any other agent, and to present such testimony as may be pertinent to the controversy before the commission, and shall have the right of cross-examination; Provided, That the commission may, with or without notice to either party, cause testimony to be taken, or an inspection of the premises where the injury occurred to be had, or the time books and payroll of the employer to be examined; the testimony so taken, and the results of any such inspection or examination, shall be reported to the commission for its consideration upon final hearing. All ex parte testimony taken by the commission shall be reduced to writing and either party shall have opportunity to examine and rebut. the same on final hearing. The commission or any agent designated by them shall have power and authority to issue subpoenas, to compel the attendance of witnesses or parties, and the production of books, papers or records, and to administer oaths. Sec. 71. Each officer who serves such subpoena shall receive the same fee as a sheriff, and each witness who appears, in obedience to a subpoena, before the commission or its agents, shall receive for his attendance the fees and mileage provided for witnesses in civil cases in the district court, which shall be audited and paid from the State Treasury in the same manner as other expenses are audited and paid, upon the presentation of proper vouchers approved by the commission. No witness subpoenaed at the instance of a party other than the commission or |