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"Where the garnishee does not forthwith or within such time as the Court may allow, pay or deliver into Court the amount due from or the property deliverable by him to the judgment-debtor or so much thereof as is sufficient to satisfy the decree and the costs of execution, or does not appear and show cause in answer to the notice, the Court may order the garnishee to comply with the terms of such notice, and on such order being made, execution may issue as though such order were a decree against him."

3. In English Law, where the garnishee does not appear and contest his liability, the order nisi may be made absolute, and execution may be levied against him. The effect of an order absolute is stated thus, in 16 Halsbury's Laws of England, third edition page 90, paragraph 136 :

"Upon the order being made absolute, the garnishee becomes liable to pay to the judgment creditor the amount due from him to the judgment-
debtor, or as much as may be sufficient to pay the judgment debt and the costs of the garnishee proceedings.

As to the service of the order nisi, it is stated thus at page 86, paragraph 128, of the same volume:

"The service of the order binds the debts specified in the hands of the garnishee, if they are debts capable of being attached at the date ..... The judgment creditor does not thereby become a credi-
tor of the garnishee in respect of such debts; but he at once acquires a right over them, entitling him to prevent the garnishee from paying his creditor. though he cannot, until the order is made absolute, insist on payment to himself."

5. In re, Stanhone Silkatone Collieries Company (1879) (XI) Ch. 160 Jessel M. R., while recognising that an "attachment or garnishee order is a mode of enforcing by execution the payment of debt in the original action," said that "the order that the debt be attached and that the garnishee, that is, the debtor of the original judgment-debtor, shall appear to show cause why he should not pay the debt, does not operate to give the plaintiff in the original action any security until it (the order nisi) is served. It is quite plain that the garnishee before service may pay his own creditor, that is, the original judgment-debtor and then the judgment-creditor would have no remedy under the order, but would have to issue execution against the judgment-debtor upon the original unsatisfied judgment. It is, in fact, an imperfect execution,.....".