Title 46 — Title 46

The lessees of any railroad or the company having possession of the railroad shall be liable to an action of any kind in the same court or jurisdiction as were the lessors or owners of the railroad before the lease. (Ga. L. 1862-63, p. 161, § 1; Code 1868, § 3330; Code 1873, § 34…

When any person is sued as the lessee of a railroad, service of a petition, summons, or other process may be effected by delivering a copy thereof to the depot agent or other officer of such lessee in the county where the action is pending, or by leaving a copy at the place where…

Whenever any railroad company incorporated under the laws of this state or whose line of road may extend into this state has leased its line of road to any person and such lessee is in possession of the road, service on such lessor company may be perfected by delivering a copy of…

Any railroad company desiring to adopt this chapter as a part of its charter may so signify by resolution of its board of directors filed with the Secretary of State. The certificate of the Secretary of State that such resolution has been filed with him shall be conclusive eviden…

Any person who is a director or other officer or agent of a railroad company which owns a railroad situated in this state and who, either alone or in conjunction with any other person, whether or not such person is an officer, stockholder, or agent of a railroad company, does any…

Any person who is a director or other officer or agent of a railroad company which owns a railroad situated in this state and who does any act with the intent and purpose of wrecking the company, although by the act the company is not thus wrecked, shall be guilty of the felony o…

Any person intruding unlawfully upon the constructed track of a railroad company, contrary to the will of the company, shall be guilty of a misdemeanor. (Laws 1837; Cobb’s 1851 Digest, p. 850; Code 1863, § 4334; Code 1868, § 4370; Code 1873, § 4437; Ga. L. 1875, p. 26, § 1; Code …

Any person who rides or attempts to ride on a railroad train of any character and conceals himself from the conductor or train authorities by hiding under the train, or on top of the train, or in box cars, on tenders, or elsewhere, for the purpose of avoiding the payment of fare …

Hiding on train for purpose of stealing a ride. Neglect or refusal of officer, agent, or employee of railroad company to make and furnish report required by commission; obstructing commission. for which Interstate Commerce Commission has determined a certificate of abandon- 628 P…

The provisions of Article 14 of Chapter 2 of Title 14 shall be applicable to railroad corporations dissolved under this chapter. (Ga. L. 1953, Ex. Sess., p. 213, § 10; Ga. L. 1989, p. 946, § 113.) ARTICLE 2 POWERS AND DUTIES OF COMMISSION AS TO RAILROAD COMPANIES GENERALLY 46-8-2…

In no case shall a railroad corporation issue bonds or increase its capital stock except by a vote of two-thirds of the capital stock of the corporation represented at an annual or special meeting of stockholders called for that purpose, and after each stockholder has been notifi…

A railroad corporation which is organized under the laws of this state and chartered by the Secretary of State and which has surrendered its franchises to the state in accordance with Code Section 46-8-70 or which has sold its property, rights, and franchises to another corporati…

When the petition for dissolution is filed, the Secretary of State shall certify one of the copies thereof and shall deliver the same to the corporation, which shall cause the certified copy to be published once a week for four weeks in the official organ of the county in which t…

Immediately upon the filing of the petition for dissolution, the Secretary of State shall transmit one copy thereof to the Public Service Commission for investigation. (Ga. L. 1953, Nov.-Dec. Sess., p. 213, § 5; Ga. L. 1982, p. 3, § 46.) 46-8-76. Investigation by commission of pr…

After the order of dissolution has been issued, and after all fees for filing and certificates have been paid, the corporation shall be dissolved and shall 661 Page: 662 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 20:59:24 0000 42051-21 (QS) GA 04 RV34 …

Except as provided in Code Section 46-8A-4, no person shall operate any rapid rail passenger service line or system or any extension thereof in this state without first obtaining a permit from the Public Service Commission. The commission shall grant a permit to any person who co…

The application for any permit provided for in Code Section 46-8A-2 shall be made under such rules and regulations as the commission may from time to time prescribe. Upon the receipt of any such application for such permit, the commission shall cause notice thereof to be given by…

This Code section shall not be construed to require any person to secure a permit for an extension of a rapid rail passenger service line or system into 780 Page: 781 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:1:18 0000 42051-21 46-8A-4 (QS) GA 04 R…

All freight bills or freight lists charged against or to be collected from any person for whom a common carrier carries freight in this state shall, before they may be collectable, contain a certain and specific description of the items of freight charged in such bills or freight…

A common carrier holding himself out to the public as such is bound to receive all passengers whom he is able and accustomed to carry, upon compliance with such reasonable regulations as he may adopt for his own safety and for the benefit of the public. (Orig. Code 1863, § 2042; …

A carrier of passengers must exercise extraordinary diligence to protect the lives and persons of his passengers but is not liable for injuries to them after having used such diligence. (Orig. Code 1863, § 2040; Code 1868, § 2041; Code 1873, § 2067; Code 1882, § 2067; Civil Code …

(a) A carrier of passengers may limit the value of the baggage which may be taken on board in proportion to the fare paid. 840 Page: 841 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:21 0000 42051-21 (QS) GA 04 RV34 -- 3rd RUN 46-9-136 (b) A carrier …

Any person, partnership, association, firm, agency, or corporation violating any provision of this part shall be guilty of a misdemeanor, provided that no violator shall be fined less than $500.00 for each violation. (Ga. L. 1966, p. 26, § 3.) ARTICLE 5 CARRIERS’ LIENS

(a) A carrier of passengers shall have a lien on the passengers’ baggage, not only for baggage charges but also for the passengers’ fare. This lien may be foreclosed as described in subsection (b) of this Code section. (b) Whenever baggage has been transported to destination by a…

When a carrier has complied with his contract as to transportation, he shall have a lien on the goods for the freight charges and may retain possession until the lien is paid, unless this right is waived by special contract or actual delivery of the goods. If the goods are delive…

A carrier’s liens for charges on the baggage of its passengers and on the goods and articles transported shall be superior to other liens, except liens for taxes, special liens of landlords for rent, liens of laborers, and all general liens of which the carrier had actual notice …

A common carrier may not limit his legal liability by any notice given either by publication or by entry on receipts given or tickets sold, provided that a common carrier may limit his liability by means of an express contract; provided, however, that a motor common carrier of ho…

For every violation of any of the provisions of Code Section 46-9-210 or 46-9-211, the railroad company shall be subject to a civil penalty of $1,000.00, which may be recovered in any superior or city court of the county in which such violation may occur. An action may be brought…

It shall be the duty of the commission to investigate thoroughly all through freight rates from points outside of Georgia to points within Georgia and from points within Georgia to points outside of Georgia. (Ga. L. 1890-91, p. 147, § 1; Civil Code 1895, § 2202; Civil Code 1910, …

If a group of at least five persons (1) files a petition with the Secretary of State setting forth that they desire to be incorporated as an express company, the name under which they desire to be incorporated, the amount of capital stock which the company proposes to have, the p…

The petitioners shall be the first directors of the company. Upon receiving the prescribed certificate, the directors shall organize by electing one of their number president and shall elect such other corporate officers as may be necessary; and they shall open books of subscript…

All companies incorporated under this article shall have their principal offices in this state. (Ga. L. 1893, p. 84, § 4; Civil Code 1895, § 2003; Civil Code 1910, § 2384; Code 1933, § 41-103.) 46-9-233. Powers of express companies generally.

Any company incorporated under this article may: (1) Sue and be sued; (2) Have a corporate seal; (3) Contract and be contracted with; (4) Take bonds of indemnity with security from its agents and employees; (5) Acquire, by purchase, devise, or otherwise, and hold real and persona…

The superior court of the county where goods are received for shipment by an express company doing business in this state or the superior court of the county where goods are to be delivered by such a company, shall have jurisdiction over that company, and the judgment shall bind …

In all cases where its chief officer does not reside in this state, an express company may be served in any proceeding against it by serving a copy of the summons and complaint upon any agent of such company within this state. The judgment obtained in cases so commenced shall bin…

When the president or other chief officer of any express company resides in this state, it shall be the duty of such company to post in a public and 858 Page: 859 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:39 0000 42051-21 (QS) GA 04 RV34 -- 3rd R…

In all work devolving upon the commission pursuant to Code Sections 46-9-22 through 46-9-24, the commission shall receive, upon application, the services of the Attorney General of this state; and he shall also represent the commission, whenever called upon to do so, before the I…

Any person who causes more than five pounds of gunpowder, or any amount of dynamite or other dangerous explosive, to be transported upon water, by railroad, or otherwise shall have the word ‘‘Gunpowder,’’ ‘‘Dynamite,’’ or other name of the explosive marked in large letters upon e…

This article shall be known and may be cited as the ‘‘Georgia Rail Passenger Authority Law.’’ (Code 1981, § 46-9-270, enacted by Ga. L. 1985, p. 1283, § 1.) 862 Page: 863 Job Path: @mfgmic/west/stcodes/ga/repl/qj04040.63 Date: 06/30/04 Time: 21:2:44 0000 42051-21 (QS) GA 04 RV34 …

There is created the Georgia Rail Passenger Authority for the purpose of construction, financing, operation, and development of rail passenger service and other public transportation projects within and without the State of Georgia. (Code 1981, § 46-9-271, enacted by Ga. L. 1985,…

As used in this article, the term: (1) ‘‘Authority’’ means the public body corporate and politic created pursuant to this article. (2) ‘‘Cost of the project’’ or ‘‘cost of any project’’ means and shall include: All costs of acquisition, by purchase or otherwise, construction, ass…

The authority shall have all of the powers necessary, proper, or convenient to carry out and effectuate the purposes and provisions of this article. The powers enumerated in this Code section are cumulative of and in addition to each other and other powers granted elsewhere in th…

The implementation of rail passenger service and public transportation projects within the State of Georgia develops and promotes, for the public good and general welfare, trade, commerce, tourism, industry, and employment opportunities and promotes the general welfare of the sta…

The provisions of this article shall be liberally construed to effect its stated purpose. The offer, sale, or issuance of bonds, notes, or other obligations by the authority shall not be subject to regulation under the Georgia laws regulating the sale of securities, as heretofore…

The authority is created for nonprofit and public purposes; and it is found, determined, and declared that the creation of the authority and the carrying out of its corporate purpose is in all respects for the benefit of the people of the state, that the authority is an instituti…

This article shall not affect any other authority now or hereafter existing under general or local constitutional amendment or general or local law. (Code 1981, § 46-9-281, enacted by Ga. L. 1985, p. 1283, § 1.) ARTICLE 9A RAILWAY PASSENGER SERVICE CORRIDOR SYSTEM

(a) For purposes of state planning and development of service there is created a comprehensive and coordinated state-wide system of railway passenger service corridors for providing railway passenger service to the general public and connecting points within and throughout this s…

(a) Any and all railway passenger service plans or programs of any and all state departments, agencies, boards, bureaus, commissions, or authorities having responsibility for the same shall be conducted and coordinated so as to conform planning and development of service to the r…

This article shall be known and may be cited as the ‘‘Southwest Georgia Railroad Excursion Authority Law.’’ (Code 1981, § 46-9-320, enacted by Ga. L. 2000, p. 1117, § 1.) 46-9-321. Creation; administrative assignment.

(a) There is created a body corporate and politic to be known as the Southwest Georgia Railroad Excursion Authority, which shall be deemed to be an instrumentality of the state and a public corporation, for the purposes of construction, financing, operation, and development of ra…