Expenses of Giving Bond Allowable as Cost of Administration

  1. Law
  2. Georgia Code
  3. Civil Practice
  4. Receivers
  5. Expenses of Giving Bond Allowable as Cost of Administration

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  1. Receivers who are required by law to give bond as such who have given as security on such bonds one or more guaranty companies, surety companies, fidelity insurance companies, or fidelity and deposit companies, as authorized by law, may include as part of their lawful expenses or costs of administration such reasonable sum or sums paid to the company or companies for the suretyship not exceeding 1 percent per annum on the amount of the bond as the court, judge, or other officer by whom they were appointed allows.
  2. Any court, judge, or other officer whose duty it is to pass upon the account of any person or corporation required to execute a bond with surety or sureties, whenever the person or corporation has given any such company or companies as security as provided in subsection (a) of this Code section, shall allow in the settlement of the account a reasonable sum for the expenses and premiums incurred in securing the surety, not exceeding the amounts specified in the subsection.

(Ga. L. 1903, p. 75, § 1; Civil Code 1910, §§ 4071, 4072; Code 1933, §§ 55-316, 55-317.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 66 Am. Jur. 2d, Receivers, § 212.

C.J.S.

- 75 C.J.S., Receivers, §§ 376, 473 et seq.

CHAPTER 9 ARBITRATION Article 1 General Provisions. Part 1 ARBITRATION CODE.
  • 9-9-1. Short title.
  • 9-9-2. Applicability; exclusive method.
  • 9-9-3. Effect of arbitration agreement.
  • 9-9-4. Application to court; venue; service of papers; scope of court's consideration; application for order of attachment or preliminary injunction.
  • 9-9-5. Limitation of time as bar to arbitration.
  • 9-9-6. Application to compel or stay arbitration; demand for arbitration; consolidation of proceedings.
  • 9-9-7. Appointment of arbitrators.
  • 9-9-8. Time and place for hearing; notice; application for prompt hearing; conduct of hearing; right to counsel; record; waiver.
  • 9-9-9. Power of subpoena; enforcement; use of discovery; opportunity to examine documents; compensation of witnesses.
  • 9-9-10. Award to be in writing; copies furnished; time of making award; waiver.
  • 9-9-11. When award changed; application for change; objection thereto; time for disposition of application.
  • 9-9-12. Confirmation of award by court.
  • 9-9-13. Vacation of award by court; application; grounds; rehearing; appeal of order.
  • 9-9-14. Modification of award by court; application; grounds; subsequent confirmation of award.
  • 9-9-15. Judgment on award.
  • 9-9-16. Appeals authorized.
  • 9-9-17. Arbitrators' fees and expenses.
  • 9-9-18. Commencement or continuation of proceedings upon death or incompetency of party.
Part 2 INTERNATIONAL COMMERCIAL ARBITRATION CODE.
  • 9-9-20. Short title; statement of purpose.
  • 9-9-21. Applicability.
  • 9-9-22. Definitions.
  • 9-9-23. Interpretation.
  • 9-9-24. Receipt of written communications.
  • 9-9-25. Waiver of right to object to violations of arbitration agreement.
  • 9-9-26. Judicial intervention and enforcement.
  • 9-9-27. County where agreement to be enforced.
  • 9-9-28. Arbitration agreements to be in writing; definitions.
  • 9-9-29. Arbitration referrals.
  • 9-9-30. Interim measures of protection.
  • 9-9-31. Number of arbitrators.
  • 9-9-32. Appointment of arbitrators; immunity from liability.
  • 9-9-33. Arbitrator disclosure requirements; challenge of arbitrator for doubts as to impartiality or independence.
  • 9-9-34. Procedure for challenging arbitrator.
  • 9-9-35. Inability of arbitrator to carry out or perform functions; termination of mandate.
  • 9-9-36. Appointment of substitute arbitrator.
  • 9-9-37. Disputes as to jurisdiction.
  • 9-9-38. Interim measures.
  • 9-9-39. When recognition or enforcement of interim measure may be refused.
  • 9-9-40. Treatment of parties.
  • 9-9-41. Procedure to be followed by arbitration tribunal.
  • 9-9-42. Place of arbitration.
  • 9-9-43. Date of commencement of arbitral proceedings.
  • 9-9-44. Languages to be used in arbitral proceedings; translation of documentary evidence.
  • 9-9-45. Facts supporting claim; amendment or supplementing of claim.
  • 9-9-46. How proceedings to be conducted; oral hearings; notice; consolidation of proceedings or hearings.
  • 9-9-47. Effects of failure to state facts supporting claim, failure to put forward statement of defense, or failure to appear at hearing or to produce documentary evidence.
  • 9-9-48. Appointment of experts.
  • 9-9-49. Subpoenas for witnesses and other evidence; compensation of witnesses.
  • 9-9-50. Rules applicable to disputes.
  • 9-9-51. Decision-making when more than one arbitrator.
  • 9-9-52. Settlement; arbitration award on agreed terms.
  • 9-9-53. Arbitration award.
  • 9-9-54. Termination of arbitral proceedings.
  • 9-9-55. Correction or interpretation of arbitration award; additional arbitration awards; extension of time for correction, interpretation, or additional award.
  • 9-9-56. Recourse against arbitration award; criteria for setting aside award; time for making application to set aside.
  • 9-9-57. Arbitration award recognized as binding; enforcement.
  • 9-9-58. Grounds for refusing recognition or enforcement of arbitration award.
  • 9-9-59. Appeal of final judgment.
Article 2 Medical Malpractice.
  • 9-9-60. "Medical malpractice claim" defined.
  • 9-9-61. Medical malpractice arbitration authorized.
  • 9-9-62. Petition for arbitration; arbitration order and appointment of referee; conditions precedent to enforceability.
  • 9-9-63. Tolling of statute of limitations; when action permitted after filing of petition for arbitration.
  • 9-9-64. Appointment of reporter; duties; compensation.
  • 9-9-65. Arbitration submission; irrevocability absent consent.
  • 9-9-66. Qualifications and status of referee.
  • 9-9-67. Arbitrators - How chosen.
  • 9-9-68. Arbitrators - How vacancy filled.
  • 9-9-69. Arbitrators - Oath and affidavit.
  • 9-9-70. Postponement of arbitration.
  • 9-9-71. Adjournments by arbitrators; no meeting outside group.
  • 9-9-72. Discovery.
  • 9-9-73. Subpoena power of referee; compensation of witnesses.
  • 9-9-74. Powers of referee to compel production of documentary evidence.
  • 9-9-75. Competency of witnesses.
  • 9-9-76. Rules governing examination of witnesses and admission of evidence.
  • 9-9-77. Administration of oaths by referee.
  • 9-9-78. Findings by arbitrators; concurrence of two sufficient.
  • 9-9-79. Copy of findings furnished parties; entry of original on court's minutes; effect and enforcement; clerk's fees.
  • 9-9-80. Finality of findings absent appeal; appeals to superior courts; transmittal of record; when findings set aside; disposition of case; supersedeas.
  • 9-9-81. Costs; how taxed.
  • 9-9-82. Compensation of arbitrators and referee.
  • 9-9-83. Civil and criminal immunity of arbitrators.
  • 9-9-84. Governor's Commission on Obstetrics [Repealed].
Law reviews.

- For annual survey of contract law, see 35 Mercer L. Rev. 87 (1983). For article, "The Civil Jurisdiction of State and Magistrate Courts," see 24 Ga. St. B.J. 29 (1987). For article on construction law, see 42 Mercer L. Rev. 25 (1990). For annual survey on law of contracts, see 42 Mercer L. Rev. 125 (1990). For annual survey article on contract law, see 45 Mercer L. Rev. 109 (1993). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999). For annual survey of insurance law, see 56 Mercer L. Rev. 253 (2004). For comment, "Refocusing Liquidated Damages Law for Real Estate Contracts: Returning to the Historical Roots of the Penalty Doctrine," see 39 Emory L.J. 267 (1990).

RESEARCH REFERENCES

Bias of Arbitrator, 2 POF2d 709.

Establishing Statutory Grounds to Vacate an Arbitration Award in Nonjudicial Arbitration, 27 POF3d 103.

Invalidity of Foreign Arbitration Agreement or Arbitral Award, 31 POF3d 495.

The Arbitration Contract - Making It and Breaking It, 83 POF3d 1.

ALR.

- Validity of statute or rule providing for arbitration of fee disputes between attorneys and their clients, 17 A.L.R.4th 993.

Liability of organization sponsoring or administering arbitration to parties involved in proceeding, 41 A.L.R.4th 1013.

Attorney's submission of dispute to arbitration, or amendment of arbitration agreement, without client's knowledge or consent, 48 A.L.R.4th 127.

ARTICLE 1 GENERAL PROVISIONS

Editor's notes.

- Ga. L. 1988, p. 903, effective July 1, 1988, repealed the Code sections formerly codified at this article and enacted the current article. The former article consisted of §§ 9-9-1 through9-9-11 and was based on Orig. Code 1863, §§ 2824 - 2834, 4157; Code 1868, §§ 2832 - 2842, 4189; Code 1873, §§ 2883 - 2893, 4248; Code 1882, §§ 2883 - 2893, 4248; Civil Code 1895, §§ 4474 - 4485; Civil Code 1910, §§ 5019 - 5030; Code 1933, §§ 7-101 - 7-111. Part 1 of the present article formerly existed as Part 3 of Article 2 of this chapter.

Law reviews.

- For article, "Of Courts and Statutes and Sanitary Landfills," see 21 Ga. St. B.J. 72 (1984). For article, "Res Judicata and Collateral Estoppel: New Defenses in Construction Litigation?," see 21 Ga. St. B.J. 108 (1985). For article, "Proposed Changes in the Arbitration Law of Georgia," see 23 Ga. St. B.J. 152 (1987). For article, "Five Things Every Attorney Should Consider Before Approving Construction Contracts for Owners, Developers or Lenders," see 23 Ga. St. B.J. 134 (1987). For article, "International Arbitration in Georgia," see 16 (No. 6) Ga. St. B.J. 13 (2011). For annual survey on construction law, see 66 Mercer L. Rev. 27 (2014).

PART 1 ARBITRATION CODE

Law reviews.

- For article, "International Arbitration in Georgia," see 16 (No. 6) Ga. St. B.J. 13 (2011). For annual survey on construction law, see 66 Mercer L. Rev. 27 (2014).

JUDICIAL DECISIONS

Federal arbitration law does not preempt the entire field of state arbitration law in all cases involving commerce; state law may apply where parties agree to be bound by state arbitration law, so long as that law does not conflict with the federal Arbitration Act, 9 U.S.C. § 1 et seq., North Augusta Assocs. v. 1815 Exchange, Inc., 220 Ga. App. 790, 469 S.E.2d 759 (1996).

Applicability.

- This part did not apply to an appraisal arising out of an appraisal clause in an insurance contract. Eberhardt v. Georgia Farm Bureau Mut. Ins. Co., 223 Ga. App. 478, 477 S.E.2d 907 (1996).

Strict construction.

- The Arbitration Act, O.C.G.A. § 9-9-1 et seq., is in derogation of common law and must be strictly construed and not extended beyond its plain terms. Pinnacle Constr. Co. v. Osborne, 218 Ga. App. 366, 460 S.E.2d 880 (1995).

Retroactivity.

- The application of the Georgia Arbitration Code, O.C.G.A. § 9-9-1 et seq., to a dispute arising after its effective date to contracts entered into at an earlier date was contemplated in its enactment; the law does not provide a new remedy or repair any obligation under the contract and its application to such a dispute does not violate the constitutional prohibition against retroactive laws. Weyant v. MacIntyre, 211 Ga. App. 281, 438 S.E.2d 640 (1993).

Relationship to materialmen's liens.

- Operation of Arbitration Code and materialmen's lien law is interdependent and compatible. H.R.H. Prince Ltc. Faisal M. Saud v. Batson-Cook Co., 161 Ga. App. 219, 291 S.E.2d 249 (1982).


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