THE COURT.

[1] It appears that the evidence before the Superior Court, in the contempt proceeding, was sufficient to justify that court in finding that the defendant was then and there financially able to make the payments required of him by the court's order. (Inre Rasmussen, 56 Cal.App. 368 [205 P. 72].)

It is therefore ordered that the petitioner be and he hereby is remanded to custody. *Page 478