164 ARTICLE 12.
the suggestion of the death of the said father, summon the personal repre-
sentative and heirs of the said father and where a bond or a recognizance
has been given, as prescribed by Section 5, the sureties thereon, if such
parties be within the State, and the mother or other person having charge
of the said child, and upon proof being offered to the Court of the amount
of the estate of the said decedent father, and upon any other points upon
which the Court desires to hear testimony, the Court may, in its discretion,
direct and order such sum or sums to be paid to the mother or other person
in charge of such child, for the maintenance and support thereof out of
the father's estate as may appear to the Court to be just and proper. In
no case, however, shall the mother or other person in charge of said child
receive more than $500 or more than one-half the amount that each of
his legitimate children, if any, would receive, or more than one-half the
amount the descendants, if any, of a deceased legitimate child would
receive as a class, if the father had died intestate. All money paid or
ordered to be paid under this section shall be charged as a debt or debts
against the estate of the said deceased father. Upon payment of the sum
or sums ordered to be paid by the Court under this section, if a bond or
recognizance has been given under Section 5, the same shall be cancelled
and the sureties thereon discharged.
An. Code, 1924. sec 12. 1912. sec 12. 1912, ch. 163. 1927, ch. 458, sec 12
12. Whenever any principal, surety or other person in interest, upon
competent testimony, makes it appear to the satisfaction of any Court in
which a bond or recognizance in any bastardy case is entered upon, that by
reason of the death of the child or by reason of the payment of all dues
arising under said bond or recognizance, or for any other reason, the bond
or recognizance should be discharged, the Court may make such order of
discharge, annulment or cancellation of the bond or recognizance, or such
other order as may be deemed appropriate by the Court to discharge the
obligors on the bond or recognizance.
See notes to sec 2.
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