ENACTMENT NO. 5 OF 1984 SYARIAH CIVIL PROCEDURE ENACTMENT 1984
PART XXII - JUDGMENT DEBTOR SUMMONS, WARRANT OF ARREST, ECT.
Section 174. Deposit relating to attachment.
(1) Before an order for attachement under section 173 is executed the plaintiff shall deposit with the bailiff's sum sufficient in the bailiff's opinion to defray the cost of the attachment and keeping possession of the property for a period of fourteen days.
(2) Where the period of attachment exceeds fourteen days the plaintiff shall, at or before the end of the first fourteen days of the attachment, deposit with the vailiff a futher sum as aforesaid to provide for such costs for the next ensuing fourteen days and shall continue to make such deposit in advance at or before the end of each successive period of fourteen days so long as the attachment continues :
Provided that-
(a) where any writ of execution has priority in respect of the property attached, the costs of execution and of keeping possession shall be costs of the execution of the writ which has priority, but so that such costs are not enhanced by reason of the execution of the order of attachment of property before judgment ; and
(b) the plaintiff who has obtained such order of attachment shall not be required to make any deposit thereunder unless and except to the extent that the costs of execution and of keeping possession may have been enhanced by reason of the attachment before judgment.
(3) The bailiff shall give a receipt for each sum deposited under this section and shall apply the sums or so much thereof as is necessary for the purpose aforesaid and shall forthwith return to the depositor any balance remaining over after the release of the property attached or its sale under an order of Court.
(4) If such balance has not been repaid to the deposited within forty hours after the release or sale of the property, the bailiff shall forthwith pay the same into Court to the credit of the depositor and shall notify the depositor accordingly.