Part 2

Attachment

General and miscellaneous provisions

Ascription of sums recovered by attachment or while attachment is in effect
41
1
This section applies to any amounts recovered by an attachment or paid to account of the amounts recoverable by the attachment while the attachment is in effect.
2
An amount to which this section applies shall be ascribed to the following in the order in which they are mentioned—
a
the expenses already incurred in respect of—
i
the attachment;
ii
any previous diligence the expenses of which are chargeable against and recoverable from the debtor under section 40(4) above or section 93(5) of the Debtors (Scotland) Act 1987 (c. 18);
b
any interest, due under the decree or other document of debt on which the attachment proceeds, which has accrued at the date of execution of the attachment;
c
any sum (including any expenses) due under the decree or other document of debt, other than any expenses or interest mentioned in paragraphs (a) and (b) above.