Definitions

As used in this article, the term: (1) ‘‘Telegraph company’’ means every corporation, company, association, joint-stock association, partnership, and person, their lessees, trustees, or receivers appointed by any court whatsoever, owning, operating, or managing any telegraph line or part of a telegraph line used in the conduct of the business of affording for hire communication by telegraph within this state. (2) ‘‘Telegraph line’’ means conduits, poles, wires, cables, crossarms, instruments, machines, appliances, instrumentalities, and all devices, including radio and other advancements of the art of telegraphy, real estate, easements, apparatus, property, and routes used and operated to facilitate the business of affording communication service by telegraph to the public for hire within this state. (Code 1981, § 46-5-140, enacted by Ga. L. 1983, p. 859, § 1.) Editor’s notes. — Former § 46-5-140, relating to petition for charter of telegraph company, has been renumbered as present § 46-5-141. 46-5-141. Petition for charter of telegraph company; qualified petitioners; contents of petition. All corporate powers and privileges granted to telegraph companies in this state shall be granted in the manner described in this Code section. Whenever at least five persons who are 18 years of age or over and who are citizens of the United States, two-thirds of whom are residents of this state, propose to form a corporation for constructing, equipping, and operating any telegraph line or for carrying on the business of a telegraph company, they shall make and file in the office of the Secretary of State, in duplicate, a petition for charter, under their hands and seals, setting forth: (1) The name of the corporation proposed; (2) The object for which it is formed; 514 Page: 515 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:57:16 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-5-142 (3) The amount of its proposed capital stock; (4) The number of shares of such capital stock; (5) The places from and to which such telegraph line is intended to be constructed, equipped, and operated, or, if already constructed, then the places from and to which the same is intended to be operated, giving as nearly as practicable the counties and cities through which it may or does pass; (6) The location of the principal office of such corporation by city and county, which shall be in this state; (7) The time of commencement and duration of said corporation, the period of duration not to exceed 50 years; and (8) The name and residence of each applicant. (Ga. L. 1893, p. 86, §§ 1, 2; Civil Code 1895, §§ 2339, 2340; Civil Code 1910, §§ 2803, 2804; Code 1933, § 104-101; Code 1981, § 46-5-140; Code 1981, § 46-5-141, enacted by Ga. L. 1983, p. 859, § 1; Ga. L. 1984, p. 22, § 46.) Editor’s notes. — Former § 46-5-141, relating to petition filing fee and issuance of license, has been renumbered as present § 46-5-142.