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66   LAWS OF ONTARIO

 

security may be followed by committal to

 

the common gaol for a period of not more

1

than six months.

 

The death of the mother pending proceed-

 

ings does not interfere with the application.

 

Some misunderstanding has existed with

 

regard to the effect of the Act in case of the

 

death of the father against whom an order

 

has been made.   An affiliation order binds

 

his estate after his death, but no proceedings

 

can be taken under the order after death

 

without   leave   of   the   judge,   who,   before

 

granting the leave, must see that notice has

,.;

been given to the wife and legitimate children

 

of the father and to all other persons interested

 

in his estate.   Where it appears to the judge

 

that the terms of the affiliation order cannot

'

be carried out without depriving the widow

!'!

,

or   legitimate   children   of   necessary   main-

f

tenance he must vary the order in such a

 

way that the widow of the father and his

 

legitimate children will   be   duly   provided

 

for before his illegitimate child.

 

The   Act   sanctions   the   making   of   an

 

agreement   by   the   father   without   taking

 

further proceedings, but the agreement must

 

 

s

 

 

 


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