reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-6 - Publication of notice upon subscription for all of capital stock and payment of 10 percent thereof; authorization for commencing transaction of business; personal liability of directors and stockholders

When all the capital stock has been subscribed for and 10 percent thereof paid in, notice of that fact shall be published three times in the public newspaper in which the sheriff's sales are advertised in the county in which is situated the principal office of the corporation. When this has been done, the corporation is authorized to begin the transaction of business, but not before. The directors and stockholders of the corporation shall be personally liable for all obligations incurred prior to a compliance with the requirements provided in this Code section.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-7 - Location of principal office

The principal office of all companies incorporated as provided in this chapter shall always be in this state.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-8 - Powers and duties of companies generally

All companies incorporated under this chapter shall have power to bring or be the subject of actions; make contracts; lease, purchase, hold, and sell such property, real and personal, as may be necessary for the purposes of the corporation; and construct and maintain a canal and branch canals, dams, races, weirs, aqueducts, reservoirs, towpaths, and all other appliances necessary to divert, take, or use the waters of any stream or body of water. However, the canal companies shall not, by building any dam in or across or by diverting water from any navigable stream, destroy or obstruct the navigation of such stream. Such fishways shall be placed in any dams at the time of the construction of the dam as the commissioner of natural resources shall direct. Fishways shall be kept in good order and repair by the canal company, and the company shall notify the commissioner of natural resources of the proposed construction of any dam. Further, the canal companies shall pay reasonable compensation to such landholders as may have riparian rights in any stream or body of water taken, diverted, or obstructed for such taking, diversion, or obstruction or for any damage done them. The canal companies may also enter upon, take, and appropriate any lands and tenements necessary and appropriate for the purposes of the corporation upon first paying reasonable compensation therefor. No company incorporated as provided in this chapter shall have power to construct or use any canal within the corporate limits of any incorporated municipality without first obtaining the consent of the proper corporate authorities of such municipality.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-9 - Right of corporation to increase or decrease capital stock

All companies incorporated under this chapter may increase or decrease their capital stock in the manner provided in Code Sections
14-4-120
and
14-4-121
.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-10 - Power of companies to enlarge works and appliances of canals and branch canals and to deepen and widen canals

Any company incorporated under this chapter is authorized to enlarge any of the works or appliances of a canal or branch canals and enlarge a canal anywhere along the line of the same by deepening and widening it, making basins, dams, reservoirs, or otherwise. Any such company is also authorized to construct and build branch canals to and from a canal from any and all points, with the same privileges and rights as are granted in constructing the main canal and other works, and to construct any dams, races, waste-weirs, weirs, towpaths, and other structures to improve and make available a canal or canals under the limitations already set out in this chapter.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-11 - Furnishing of canal water by canal companies; charges for use of water

Any canal company incorporated as provided in this chapter is authorized to allow water to be drawn from its canal for the purpose of propelling machinery, irrigating lands, furnishing water for drinking or fighting fire, or any other purpose that the board of directors may deem proper at any points along the line of the canal and charge for the use of the water.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-12 - Toll rates for use of canals

All companies incorporated as provided in this chapter may permit all goods, lumber, rafts of every description, vessels of every kind, and all other things that can be transported to be conveyed through their canals and may collect such tolls as they may deem proper therefor.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-13 - Encroachment of canals upon public roads; construction and maintenance of bridges

Whenever any canal or backwaters of any company incorporated as provided in this chapter shall encroach upon or cross any public road, the company shall restore the road to a condition suitable for use by the public, by bridges or otherwise. All bridges constructed under this Code section shall be built and maintained in good order at the expense of the canal company.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-14 - Mortgage, sale, or lease of canal, other properties, corporate rights, and franchises

Companies incorporated under this chapter may mortgage, sell, or lease their canal and other properties, corporate rights, and franchises to any person or corporation to obtain money to purchase, construct, or maintain their works and franchises.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-15 - Disagreements as to compensation for taking of lands, tenements, or riparian rights pursuant to chapter

When any person or corporation shall feel aggrieved or damaged by any appropriation to the use of the company of any of his or their lands, tenements, or riparian rights and cannot agree with the company as to the amount of damage, the amount shall be ascertained as provided in Title 22.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 4 - CANAL COMPANIES (§§ 52-4-1 — 52-4-16) › Section 52-4-16 - Taxes applicable to canal companies

The corporations named in this chapter shall be subject to state, county, and municipal taxation.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-1 - Granting of corporate powers and privileges by Secretary of State

All corporate powers and privileges to navigation companies shall be issued and granted by the Secretary of State upon the terms, liabilities, and restrictions and subject to all the provisions of this chapter and the Constitution of Georgia.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-2 - Filing of petition for incorporation; contents of petition; attachment of affidavit of incorporators; endorsement, recordation, and filing of petitions by Secretary of State

Any five or more natural persons may act as incorporators of a corporation to be organized under this chapter by filing a petition in writing, addressed to the Secretary of State, in which shall be stated the names and residences of each of the persons desiring to form the corporation, the name of the navigation company they desire to have incorporated, the amount of the proposed capital stock, the number of years it is to continue, the place where its principal office is to be located, a request to be incorporated under the laws of this state, and that they have given four weeks' notice of their intention to apply for the charter by publication of the petition in one of the newspapers in which the sheriff's advertisements are published for the county once a week for four weeks before filing the petition. There shall be annexed to the petition an affidavit, made by at least three of the persons forming the company, that the names subscribed are the genuine signatures of the persons named therein and that the facts stated in the petition are true to the best of their knowledge, information, and belief. The petition for incorporation, thus sworn to, shall be filed in the office of the Secretary of State, who shall endorse thereon the date of filing and record the same in a book to be kept by him for that purpose, which shall be open to the inspection of the public at all times during the office hours of the Secretary of State.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-3 - Issuance of certificate of incorporation generally

When the petition shall have been filed with the Secretary of State, he shall issue to the company, under the great seal of the state, the following form of certificate:
"To all to whom these presents may come - Greetings:
Whereas, in pursuance of an Act of the General Assembly of Georgia, approved December 6, 1894, and (naming the persons who signed the petition) having filed in the office of the Secretary of State a certain petition seeking the formation of a corporation to be known as (here insert corporate name), with a capital stock of $__________________, for the purpose of owning, constructing, equipping, maintaining, and operating vessels, steamboats, and all other watercraft to be engaged in navigation, and having complied with the statutes in such cases made and provided; therefore, the State of Georgia hereby grants unto the above-named persons, their successors, and assigns full authority, by and under the said name of __________________, to exercise the powers and privileges of a corporation for the purposes above-stated, subject to the Constitution of this state and all laws governing such navigation companies of force at the date of the granting of this certificate or that may hereafter become of force, either by constitutional or statute law.
In witness whereof, these presents have been signed by the Secretary of State, and to which is annexed the great seal of the State of Georgia, at Atlanta, Georgia, this __________________ day of __________________, __________________."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-4 - Time of commencement of corporate existence; payment of fee for issuance of certificate

When the Secretary of State issues a certificate of incorporation, the persons who signed the petition described in Code Section
52-5-2
and all persons who shall become stockholders in such company shall be a corporation by the name specified in the petition and certificate and shall possess the powers and privileges and be subject to the provisions contained in this chapter. Before the Secretary of State shall issue the certificate, the petitioners shall pay the fee prescribed in Code Section
14-4-183
.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-5 - Duty of Secretary of State to assure company's compliance with chapter prior to issuance of certificate; certificate as constituting evidence of corporation's existence and compliance with chapter

Before the Secretary of State shall issue the certificate, he shall satisfy himself that all the requirements of Code Section
52-5-2
have been substantially complied with. Any certificate or duplicate thereof issued by the Secretary of State shall be conclusive evidence of the existence of such corporation in all the courts and places in this state and of a compliance with all the requirements of this chapter.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-6 - Organization of company; quorum; election of first board of directors; qualifications of directors; election and appointment of officers and agents; annual election of, and filling of vacancies on, board of directors

When the amount of capital stock has been subscribed, the persons named in the certificate of incorporation, or a majority of them, are authorized to call a meeting of the stockholders for the purpose of organization, which meeting shall be held in the city or other place where the principal office of the company shall be located, and of which meeting notice shall have been given as provided in this chapter. At the meeting, at which a majority of stock subscribed shall constitute a quorum, there shall be elected a board of directors of not less than three to manage the affairs of the company, each share of stock to be entitled to one vote and a plurality of votes cast being necessary to elect. The persons so elected shall continue in office until relieved by their successors. No person shall be a director in the company unless he is a stockholder; and a majority of the directors must be citizens of this state. The board of directors shall select from their number a president, may elect one or more vice-presidents, and may appoint a secretary, a treasurer, and such other officers, agents, and servants as they may deem necessary. The regular election of directors shall be held annually at the principal office of the company. Vacancies occasioned by death, resignation, or otherwise shall be filled in such manner as shall be provided by the bylaws of the company.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-7 - Opening books of subscription for capital stock; restriction on increase of capital stock

When the certificate has been issued, the persons named therein, in case they shall not have subscribed for the entire capital stock, may open books of subscription to complete the subscription to the capital stock of the company, in such manner and for such amount per share as they may deem proper and expedient, and may receive the subscriptions until the entire capital stock is subscribed. In no case shall the capital stock be increased except as provided in this chapter.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-8 - Manner of payment for stock; auction sale of stock upon default by subscriber; giving delinquent subscriber notice of auction sale

The directors may require the subscribers to the capital stock to pay the amounts variously subscribed by them in such installments as they may deem proper. The directors may receive cash or property, real or personal, at the agreed value thereof in the payment of such installments. If any subscriber shall neglect to pay any installments as required by resolution of the board of directors, the directors may direct an action to be brought against him forthwith for the amount of the call. Alternatively, after 30 days' notice to the stockholder, the board of directors may, in its discretion, cause his stock to be sold at auction to the highest bidder for cash. Any deficiency in the sum thus realized necessary to make the amount of the call shall be made good by the delinquent. Any surplus over the amount of the call and the expenses of the sale shall be paid over to him. A certificate of stock shall be issued to the purchaser and he shall stand in the same relation to the company as the delinquent would have, had he not so made default. Such sale shall be in the city or other place where the principal office of the company is located, at such time and place as the directors may prescribe. If for any reason it is not practicable to serve the delinquent stockholder with notice of the sale, personally or by mail, or if he is a nonresident of this state, then notice may be given him of the sale by publication in the newspaper in which sheriff's advertisements are published in the county of its principal office, once a week for four weeks prior to the date of the sale.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-9 - Stock as constituting personal property; determination of manner of transfer of stock

The stock in the company shall be deemed personal property and shall be transferable in such manner as may be prescribed by the bylaws of the company.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-10 - Procedure for increase of capital stock

(a)
A company desiring to have its capital stock increased shall:
(1)
File in the office of the Secretary of State a petition signed with the corporate name, stating:
(A)
The name and character of the corporation;
(B)
The date of its original charter and all amendments thereto; and
(C)
That it desires to amend the company's charter to increase its capital stock;
(2)
File, along with the petition called for in paragraph (1) of this subsection:
(A)
A certified abstract from the minutes of the board of directors showing that the application for the proposed increase in capital stock has been authorized by the vote of a majority of the stockholders of the entire capital stock entitled, by the terms of the corporation's charter, to vote at an annual or special meeting called for that purpose, by a resolution of the board of directors; and
(B)
An affidavit showing that notice of such meeting was mailed to each stockholder or, in case of death, to the stockholder's legal representatives or heirs at law, addressed to the stockholder's last known residence, at least ten days prior to the day of the meeting.
(b)
The affidavit called for in subparagraph (a)(2)(B) of this Code section shall be made and signed in due form of law by the president or secretary of the company and shall show that the ten days' notice has been published once a week for four weeks in the newspaper in which is published the sheriff's sales of the county in which the principal office of the corporation desiring to increase its capital stock is located. The stock may be voted in person or by written proxy.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-11 - Powers of companies generally

The company shall have the following powers:
(1)
To acquire, purchase, hold, and operate all such real and personal property as may be necessary or convenient for the maintenance and operation of its business and to accomplish the purposes of its organization;
(2)
To convey persons, vessels, and other property by the use of steam, sail, or other means and to receive compensation therefor; and to do all other things incident to a general navigation business, including the right to tow, assist, and rescue vessels;
(3)
To erect and maintain convenient buildings, wharves, docks, fixtures, and machinery for the accommodation and use of its passengers, freight, and other business;
(4)
To regulate the time and manner in which passengers, vessels, and other property shall be transported and the compensation to be paid therefor, subject to any existing law upon the subject; and
(5)
To borrow such sum or sums of money, at such rates of interest and upon such terms, as the company or its directors may agree upon and to execute trust deeds or mortgages, or both, if in their judgment the occasion may require it, for securing the payment thereof.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 5 - NAVIGATION COMPANIES (§§ 52-5-1 — 52-5-12) › Section 52-5-12 - Adoption of chapter by companies incorporated prior to April 1, 1969, and by persons otherwise owning or operating a navigation business

(a)
Any navigation company incorporated prior to April 1, 1969, whether by the General Assembly or otherwise, may amend its charter by adopting the provisions of this chapter, by filing with the Secretary of State a petition signed with the corporate name, stating the name and character of the corporation, the date of the original Act of incorporation, and all amendments thereto. The company shall state in the petition that it desires to amend its charter by having granted to it the corporate powers and privileges granted to other navigation companies by this chapter. The company shall also file along with the petition a certified abstract from the minutes of the corporation, showing that the application for amendment has been authorized by resolution which has been duly adopted by the affirmative vote of the holders of a majority of the shares entitled to vote thereon of the corporation at a meeting held for the purpose of passing upon the resolution duly certified by the president and secretary of the corporation.
(b)
When a navigation company amends its charter by following the procedures specified in subsection (a) of this Code section, it may retain its original organization and the same amount of capital stock and other rights and privileges provided for in the original charter, except the right of exemption from taxation, which may not be in conflict with this chapter or any other law of this state relating to the powers and privileges of navigation corporations; and such amendments shall be without prejudice to any of the prior rights or contracts of the corporation.
(c)
This chapter may also be adopted by any person owning or operating a navigation business, without prejudice to such organization as may already have existed and without prejudice to his existing contracts and obligations. Whenever any person desires to adopt the provisions of this chapter as provided in this subsection, he shall file a petition with the Secretary of State setting forth with particularity in what manner it is desired to adopt this chapter. When such petition is filed, the Secretary of State shall issue to the person, under the great seal of the state, a certificate setting forth that this person is a body corporate with all the powers, duties, and liabilities of this chapter. Before the certificate shall be issued, the petitioner shall pay to the Secretary of State the fee provided in Code Section
14-4-183
.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-1 - Composition of board; terms of commissioners

The corporate authorities of Savannah, Darien, Brunswick, and St. Marys shall each have power to appoint a Board of Pilotage Commissioners (hereinafter referred to as the commissioners), consisting of seven commissioners, each appointed for a term of seven years. Terms of the commissioners shall be staggered with one term expiring each year.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-2 - Filling of vacancies on board

Vacancies occurring for any reason before the expiration of a term shall be filled by appointment by the corporate authorities for the unexpired term.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-3 - Qualifications of commissioners

Only ship agents, exporters, merchants, or other persons who are not pilots and who are engaged in or are familiar with marine shipping and with the requirements of their respective ports shall be appointed commissioners of pilotage.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-4 - Areas for which commissioners appointed

The commissioners to be appointed by the corporate authorities of Savannah shall be appointed for the Tybee Bar and the Savannah River and the several bars and inlets north of Sapelo Bar. Commissioners to be appointed by the corporate authorities of Darien shall be appointed for Sapelo Bar and the Altamaha River and the several bars and inlets south of Sapelo Bar as far as St. Simon's Bar. Commissioners to be appointed by the corporate authorities of Brunswick shall be appointed for St. Simon's Bar, Turtle River, St. Andrew's Bar, and the several bars and inlets north of and including the Great Satilla River. Commissioners to be appointed by the corporate authorities of St. Marys shall be appointed for St. Marys Bar and all bars and inlets between St. Marys Bar and St. Andrew's Bar.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-5 - Appointment of master pilot; duties of master pilot generally

The commissioners of pilotage may appoint one of the active pilots to be the master pilot, to have charge of the pilots, and, as representative of the commissioners, to see that its rules and regulations are complied with.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-6 - Right of commissioners to bring an action to recover forfeitures

The commissioners are authorized, in their own names or in that of their chairman as such, to bring an action for and recover, to their own use and the improvement of navigation, any forfeiture accruing under this chapter which is not otherwise specifically appropriated.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-7 - Manner of application of fines and forfeitures

All fines and forfeitures collected by the commissioners, or so much thereof as may be necessary, shall be applied toward the payment of the expenses of the board.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-8 - Keeping of records by board; designation of chairperson of board; keeping list of pilots whose licenses have been revoked; access of public to records

The commissioners shall preserve in a neatly bound book a record of all their acts and of all the rules and regulations adopted by them for the direction and government of pilots. The commissioners shall designate one of their number as chairperson and cause a record thereof to be made. The commissioners shall also preserve upon their records a list of the names of all persons appointed pilots by them, as well as a list of the names of those whose licenses have been suspended or revoked or who have been retired. All persons interested shall have access to and be permitted to have duplicates of such records.
Amended by 2011 Ga. Laws 52,§; 96, eff. 1/1/2013.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-9 - Salary or fees of secretary

The secretary of the commissioners shall have such salary or fees as the commissioners may determine, which salary or fees shall be paid out of fines and forfeitures or such other fund as shall be under the control of the commissioners.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-10 - Determination of location of office of commissioners; location of books, papers, and records of commissioners

The office of the commissioners must be kept in some suitable place of which the public shall have notice; and their books, papers, and records may be kept in such office or in the office of any court of record in the county.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 1 - BOARD OF PILOTAGE COMMISSIONERS (§§ 52-6-1 — 52-6-11) › Section 52-6-11 - Rules and regulations; reciprocal pilotage in port of St. Marys and tributaries of St. Marys River

(a)
The commissioners shall prescribe rules and regulations for the government of pilots and the fees which may be charged for their services and shall, from time to time, revise and grade pilotage fees when, in their judgment, it is necessary to do so. All rules and regulations consistent with this chapter existing as of January 1, 1995, and all fees prescribed by the commissioners as of January 1, 1995, shall remain in effect until changed as provided in this chapter.
(b)
The Board of Pilotage Commissioners for the City of St. Marys, having jurisdiction over areas which include boundary waters, shall be separately empowered to agree, in form, with the Florida State Board of Pilot Commissioners to establish authority for reciprocal pilotage in the port of St. Marys and the tributaries of the St. Marys River.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-30 - Qualifications for pilot's license

The commissioners at each of the ports of this state are entitled to license during good behavior such citizens of the United States who are of good character as they shall think fit to act as pilots in piloting vessels underway in the waters of the several ports and rivers for which they shall be licensed. Any pilot who is licensed as of January 1, 1995, shall continue to act under such license until said license is revoked or the pilot is suspended or is retired as provided in this chapter.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-31 - Number of pilots

The number of licensed pilots shall not exceed 21 for the port of Savannah, three for the port of Doboy and Darien, eight for the port of Brunswick, two for the Great Satilla River, and two for the port of St. Marys.
Amended by 2007 Ga. Laws 37,§ 1, eff. 5/14/2007.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-32 - Restrictions as to persons who may receive fees, gratuities, or rewards for conducting or piloting vessels

No person other than a duly licensed pilot shall be entitled to receive any fee, gratuity, or reward for piloting any vessels underway in the waters of any of the ports, rivers, or harbors for which pilots may be licensed under the terms of this chapter. Nothing in this Code section shall be construed as prohibiting payments being made to docking pilots for services rendered in accordance with subsection (c) of Code Section
52-6-45
.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-33 - Form of license; oath of pilot

The license to a pilot must be in the form of a certificate of appointment, which must be signed by a majority of the commissioners or by their chairperson by their direction; and each pilot, on receiving a license, shall take and subscribe an oath in the following form:
"I, A.B., appointed pilot for the port and harbor of __________________, do swear that I will faithfully, according to the best of my ability, perform the duties of a pilot in and for the port and harbor of __________________, and will at all times - wind, weather, and health permitting - use my best efforts to go on board every vessel I shall see and conceive to be bound for, coming into, going out of, or underway within said port or harbor, unless I am well assured there is some other licensed pilot on board the same; that I will, at all times, make the best dispatch in my power to convey any vessel committed to my charge coming into, going out of, or underway within said port or harbor; and will at all times well and truly observe, fulfill, and follow, to the best of my skill and judgment, all such orders and directions as I may receive from the commissioners in all matters and things relating to the duty of a pilot."
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-34 - Pilots' bonds - Generally

Every pilot licensed as provided for in this chapter shall, before receiving his license, make and deliver to the commissioners a bond, payable to the chairman of the board and his successors in office, in the penal sum of $2,000.00, with security to be approved by the commissioners and with the condition faithfully to perform his duties as pilot. The bond shall be renewable at the discretion of the commissioners with such security or additional security as they may require.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-35 - Pilots' bonds - Continuation of existing bonds; venue of actions on bonds; parties to actions

All bonds given pursuant to prior law and in effect on March 8, 1945, are continued in full force and effect. Actions on bonds provided for in Code Section
52-6-34
may be brought in any court having jurisdiction thereof, without any order for that purpose, by any person or vessel endangered or endamaged by the misconduct, carelessness, or neglect of the pilot.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-36 - Revocation of license for conducting or piloting vessel arrested under court process

Any pilot who shall, with knowledge of the arrest of any vessel under process from any court of record, conduct or pilot the vessel out of the port or harbor where the arrest is made while the vessel is in charge of any officer of any court of record shall forfeit his license and be forever disqualified from acting as pilot.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-37 - Authority of commissioners to suspend pilots, to revoke licenses, and to assess fines and penalties; grounds for suspension, revocation, fines, or other penalties

The commissioners may suspend any pilot or deprive him of his license or assess against him such fines and other penalties as they may think best, upon evidence satisfactory to them of negligence, unskillfulness, inattention to duty, intemperance, addiction to the use of drugs, mental derangement, misconduct, or willful violation of any of their rules or regulations, subject to the right of the pilot to appeal as provided in Code Section
52-6-38
.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-38 - Hearings before commissioners; enforcement of decrees and orders by execution or warrant of distress

All matters concerning the assessment of fines or penalties against pilots or other persons, the suspension or revocation of pilot licenses, and any other matter relating to the use, business, or care of a pilot in any of the harbors shall be heard and determined by the commissioners, or a majority of them, appointed for the care of the pilotage where the violation, damage, or dispute may arise, upon reasonable notice to the pilot, pilots, or other persons concerned and an opportunity for the pilot, pilots, or other persons to be heard. The commissioners are authorized by their decree or order to decide and regulate every such matter, to assess fines and penalties, and to suspend or revoke licenses. They shall have the power to enforce the decree or order by execution or warrant of distress, under their hands and seals or under the hands and seals of any three of them, directed to any sheriff or constable of the county where the execution issues and commanding the sale of the offender's goods, or so much of them as may be necessary to satisfy the execution or warrant. All sales thereunder shall be made in conformity with the laws of the state in relating to sheriffs' sales. The sheriff and constable shall be liable to be ruled before the judge of the superior court as in other cases for default in duly executing such process.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-39 - Issuance of subpoenas

When the attendance of any person shall be required as a witness before the commissioners in any matter or claim of which they shall have jurisdiction, it shall be the duty of their secretary, upon application, to issue subpoenas signed by him and directed to the persons whose attendance shall be required when such persons reside or shall be found in the county where such matters or claims may be pending. The summons shall express the cause and the party at whose action it is issued and shall be served as subpoenas of courts of record of this state are served at least 24 hours before the meeting of the commissioners to which it shall be returnable; but the subpoenas may be served by a messenger of the commissioners or by any sheriff or constable and the return of the messenger, sheriff, or constable shall be evidence of the service thereof.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-40 - Failure of witness to answer subpoena

Any witness summoned pursuant to Code Section
52-6-39
, whose testimony shall appear to be material and who shall fail to appear, may be attached by the commissioners. The attachment may be directed to a sheriff or constable and made returnable to the next superior court of the county; and the court may fine the witnesses in a sum not exceeding $100.00, unless a good excuse is made to the judge of the court. The witness shall also be liable to action at the action of the party injured by the nonattendance.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-41 - Taking of interrogatories and depositions from nonresidents and seamen

When the person whose attendance is required as a witness is a nonresident of the county where the matter or claim is pending or is a seaman, his interrogatories or depositions may be taken and returned to the commissioners in the manner provided by law for taking and returning interrogatories and depositions in the courts of record of this state and may be put in evidence before the commissioners when the personal attendance of the witness cannot be secured. Reasonable notice of intention to take the interrogatories or depositions and of the time and place of the hearing must be given to all persons interested, or to their attorneys, or to the master, agent, or charterer of any vessel, where the vessel or her owners or cargo are interested.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-42 - Appeal to superior court - Generally

In any case where a pilot is suspended or the pilot's license is revoked or where a fine exceeding $150.00 is imposed by the commissioners on a pilot or any other person, the pilot or other person concerned may petition the judge of the superior court of the county where the judgment or sentence of the commissioners was made, setting forth on oath the circumstances of the case. A copy of the petition shall be served upon the chairperson or secretary of the commissioners at least three days before the petition is presented and the commissioners shall be entitled to be heard as to whether there is sufficient ground for the allowance of an appeal. If the judge of the superior court should think there is sufficient ground for the allowance of an appeal, such judge shall issue an order directing an issue to be made between the appellant and the commissioners, which issue shall be tried by a jury at the next term of the superior court, unless good cause is shown for a continuance. If, at the trial, a verdict should be rendered in favor of the appellant, the judge of the superior court shall order that the fine be remitted, that the suspension be canceled, or that the license be restored. Either the appellant or the commissioners may move the court for a new trial and may appeal to the Court of Appeals from the court's order entered upon the motion, as is provided by law in cases of appeal from orders granting or refusing a new trial in common-law cases.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-43 - Appeal to superior court - Use of interrogatories and depositions

In cases of appeal, testimony for use in the superior court may be taken and returned by interrogatories or depositions, under the circumstances and in the manner provided by law for the taking and returning of testimony in cases pending in the superior courts of this state.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-44 - Fees relating to hearings before commissioners

The secretary's fees for each subpoena shall be 25¢ and for each attachment 50¢. For serving any subpoena and for executing and returning an attachment, a sheriff's or constable's fee shall be charged as otherwise provided by law. The commissioner or notary public before whom testimony is taken by deposition shall receive for his services and for reporting and transcribing the question or answers of the witness, or both, the fees allowed by law for similar services rendered in cases pending in courts of record of this state.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-45 - Vessels to be under direction and control of licensed pilots; exemptions; use of docking pilots

(a)
Except as otherwise provided in this Code section, every vessel shall be under the direction and control of a pilot licensed by this state when underway in the bays, rivers, harbors, and ports of this state and the approaches thereto.
(b)
The requirement of subsection (a) of this Code section shall not apply to the following vessels:
(1)
Vessels exempted by the laws of the United States;
(2)
Vessels under 200 gross tons; and
(3)
Vessels in distress or jeopardy, except that any such vessel shall take a state licensed pilot as soon as one arrives at the vessel.
(c)
Nothing in this Code section shall be construed to prohibit a vessel from utilizing the services of a docking pilot in addition to the state licensed pilot required under this chapter during docking and undocking maneuvers with the assistance of one or more tugboats. The commissioners are authorized, consistent with all other requirements of this chapter, to establish by regulation or otherwise the duties, responsibilities, and fees of state licensed pilots when operating with a docking pilot aboard a vessel.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-47 - Pilotage fees - Time of payment; security for payment

A pilot bringing a vessel into port or a pilot who has tendered his or her services outside the bar to a vessel which is required under this chapter to accept the services of a pilot shall be entitled to the payment of fees for inward, outward, and all other movements of the vessel within the waters of the port, subject to the commissioners' regulations, before the vessel leaves the port and may require the vessel to give adequate security therefor, to be approved by the commissioners, before the vessel leaves the port. If the payment is not made or the security is not given, no pilot shall be required to take the vessel out. The master, owner, or agent of any vessel which is in readiness to leave must, if possible, give notice of that fact to the commissioners at the port in question or to its authorized representative. The acceptance of security for pilotage fees shall in no way affect the lien specified in Code Section
52-6-49
, given in case the fees are not paid.
2023 CODE OF GEORGIA › Title 52 - WATERS OF THE STATE, PORTS, AND WATERCRAFT (§§ 52-1-1 — 52-10-4) › Chapter 6 - PILOTS AND PILOTAGE (§§ 52-6-1 — 52-6-54) › Article 2 - PILOTS GENERALLY (§§ 52-6-30 — 52-6-54) › Section 52-6-48 - Pilotage fees - Requests or demands by pilots of fees different than those fixed by commissioners

If any pilot shall ask or demand for his services greater or different fees than those specified in the rates of pilotage fixed by the commissioners, the commissioners shall, on due proof thereof, require him to pay the commissioners double the amount of the fees fixed by the commissioners.