Duties of receivers of railroads as to payment of liens; duties of successors to receivers

(a) In all cases where the business of any corporation operating a railroad in this state is, by order or decree of any court, placed into the hands of a receiver for the benefit of the creditors or stockholders of the corporation, it shall be the duty of the receiver to apply the income of the railroad to the payment of the incidental expenses necessary to the carrying on of the business of the railroad. Such expenses shall include wages of employees; the cost of wood, crossties, and other material furnished which may be necessary for conducting the business and keeping the property in repair; the damages which may arise from the loss of or injury to goods, wares, and merchandise received by the road for transportation and for which the road is liable as a common carrier by the laws of this state; and the damages which may arise from injuries to persons and property caused by the running of the trains on the road. A lien is created on the gross income of the road while in the hands of the receiver in favor of such creditors or claimants, superior to all other liens under the laws of this state. (b) If the receiver is removed or if a vacancy occurs in the office and a successor is appointed, it shall be his duty to pay the liens provided for in this Code section according to their date out of any funds in his hands as such receiver, whether the liability accrued before or after his appointment. (Ga. L. 1876, p. 122, §§ 1, 2; Code 1882, § 278a; Civil Code 1895, § 2333; Civil Code 1910, § 2797; Code 1933, § 94-805.)