Recovery of payments in arrear

(1) If at any time after the expiration of fourteen clear days from the making of a maintenance order, it appears to a magistrate upon oath or affirmation that any sum to be paid in pursuance of the order has not been paid, that magistrate may 47 by issue of a warrant cause the father to be brought before any (2) If the father neglects or refuses to make payment of the sums due from him under the order, or there has been any commitment for disobedience to the order under subsection (3) of this section, together with costs attending such warrant, arrest and bringing up of the father, the magistrate may by warrant direct the sum appearing to be due, together with the costs, to be recovered by distress and sale of the goods and chattels of the father. (3) In making an order under subsection (1) of this section, the magistrate may order the father to be detained and kept in safe custody until return can conveniently be made to the warrant of distress, unless the father gives sufficient security by way of recognisance or otherwise to the satisfaction of the magistrate, for his appearance before the magistrate on the day which may be appointed for the return of the warrant of distress, such day not being more than seventy days from the time of taking any such security. (4) If upon the return of such warrant, or if by the admission of the father, it appears that no sufficient distress can be had, then the magistrate shall, by warrant under his hand, cause the father to be committed to prison, there to remain for any term not exceeding three months unless such sum and costs and all reasonable charges attending the said distress together with the costs and charges of the committal and conveyance to prison be sooner paid and satisfied. (5) When a magistrate commits a father to prison under this Act, unless the magistrate otherwise directs, no arrears shall accrue under the order during the time the father is in prison; provided that arrears shall continue to occur once the father has been released from prison.