reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1140. Certain mortgages shall secure certain previous bonds and other debts.

No railroad corporation which has previously issued bonds shall subsequently make or execute any mortgage upon its road, equipment and franchises, or any of its property, real or personal, without including in and securing by such mortgage all bonds previously issued and all pre-existing debts and liabilities of the corporation. But nothing in this section contained shall apply to a mortgage for the purchase money of any such road, equipment, franchise or property, real or personal, or to a mortgage made or executed for the purpose, in whole or in part, of building, extending, improving or equipping such railroad, or any part thereof, or any other railroad, the greater part of whose stock is held by it, or to any pledge or hypothecation of any choses in action or other securities held or owned by it. Nor shall this section require that a mortgage executed by a corporation shall secure the payment of previously issued bonds or pre-existing debts and liabilities of the corporation when the bonds to be issued under the mortgage are intended, in whole or in part, to take up, by funding or otherwise, such previously issued bonds or pre-existing debts and liabilities or when such previously issued bonds or pre-existing debts and liabilities are secured by a pre-existing mortgage or other lien.
HISTORY: 1962 Code Section 58-954; 1952 Code Section 58-954; 1942 Code Section 8267; 1932 Code Section 8212; Civ. C. '22 Section 4776; Civ. C. '12 Section 3111; Civ. C. '02 Section 2037; G. S. 1436; R. S. 1605; 1882 (18) 709; 1896 (22) 118; 1904 (24) 414.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1150. Acquisition of land and rights-of-way.

Every railroad company shall have every right, power and privilege necessary for the purpose of acquiring such lands or rights-of-way as it may require for the location or construction of such railway, for the erection or location of depots, warehouses, stations and other necessary and convenient establishments or for extending or altering them.
HISTORY: 1962 Code Section 58-961; 1952 Code Section 58-961; 1942 Code Section 8263; 1932 Code Section 8208; Civ. C. '22 Section 4772; Civ. C. '12 Section 3107; Civ. C. '02 Section 2033; R. S. 1545; 1885 (19) 171.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1160. Acquisition of rights-of-way around tracks.

Railroad corporations organized under the provisions of this chapter may acquire rights-of-way, not exceeding seventy-five feet from the center of their track in each direction, and additional land necessary for deep cuts, high fills, borrow pits, streams and highway changes made necessary by the construction of the railroad; provided, that in no case shall the right of way acquired exceed one hundred and fifty feet from the center of the track in each direction. And such corporations may exercise the same powers with relation to such tracks and their depots and crossing other railroads, highways and streams as railroads chartered by the General Assembly.
HISTORY: 1962 Code Section 58-962; 1952 Code Section 58-962; 1942 Code Section 8186; 1932 Code Section 8186; Civ. C. '22 Section 4366; Civ. C. '12 Section 2880; Civ. C. '02 Section 1924; 1909 (26) 45.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1170. Crossing or connecting with other railroads; purchase, sale, lease or consolidation of property and franchises.

Every such company may connect with or cross any other railroad on its line and may purchase, lease or consolidate with, or sell or lease its property and franchises to, any other railroad in or out of this State, in such manner and upon such terms as may be agreed between such railroad companies not inconsistent with laws of this State or of the United States.
HISTORY: 1962 Code Section 58-963; 1952 Code Section 58-963; 1942 Code Section 8264; 1932 Code Section 8209; Civ. C. '22 Section 4773; Civ. C. '12 Section 3108; Civ. C. '02 Section 2034; R. S. 1546; 1885 (19) 171; 1908 (25) 1090.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1180. Extension of lines and construction and extension of branches; rights and restrictions in acquiring rights-of-way.

It shall be lawful for any railroad or railway corporation chartered by this State, and it shall be taken as the exercise of powers conferred by its charter, to continue or extend the main track or line of such railroad or any extension thereof or to build or extend branch roads from such main track or line to any point or points in the vicinity thereof whenever it may be deemed advisable by such corporation so to do; but such extension or branch shall not exceed five miles in length. For the purpose of acquiring a right of way for any such extension or branch track, such railroad or railway corporation shall have and be entitled to all the rights and privileges and be subject to all the restrictions contained in the General Railroad Law in reference to the manner of acquiring the right of way.
HISTORY: 1962 Code Section 58-964; 1952 Code Section 58-964; 1942 Code Section 8270; 1932 Code Section 8215; Civ. C. '22 Section 4779; Civ. C. '12 Section 3114; Civ. C. '02 Section 2040; G. S. 1561a; R. S. 1609; 1885 (19) 168.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1190. Relocation of lines and other changes in tracks and facilities.

Any railroad company owning or operating a railroad, or any part thereof, in this State, under authority of the laws of this State, may reconstruct its lines, tracks or any part of them, relocate or straighten any line or lines or portion of a line or lines, build embankments for the purpose of avoiding trestles, bridges or other openings upon which such railroad may be constructed, change the grade of a track or tracks, widen cuts or embankments when necessary for proper construction or maintenance, build such additional main line or lines, track or tracks, turnouts, switches, spur tracks, sidetracks, depots, depot facilities, yards, terminal facilities, water facilities, storage facilities and other such additional tracks, buildings, facilities, ways and appliances as may be necessary for the proper accommodation of the public business of such railroad company and build cutoff lines, branch lines and other lines for the purpose of the better and more expeditious handling of the public business.
HISTORY: 1962 Code Section 58-965; 1952 Code Section 58-965; 1942 Code Section 8271; 1932 Code Section 8216; Civ. C. '22 Section 4780; 1915 (29) 539.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1200. Acquisition of real estate for relocation of lines and other changes in tracks and facilities.

For the purposes mentioned in Section 58-17-1190 any railroad company may acquire by purchase or gift and hold real estate necessary, and if the real estate is not acquired by purchase or gift, the railroad company may acquire it by condemnation.
HISTORY: 1962 Code Section 58-966; 1952 Code Section 58-966; 1942 Code Section 8272; 1932 Code Section 8217; Civ. C. '22 Section 4781; 1915 (29) 539; 1987 Act No. 173 Section 47, eff nine months from approval by Governor (approved by Governor on June 30, 1987).
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1210. Operation of sections of road completed or acquired.

Every such company may also forthwith, upon the completion or acquirement by purchase, lease or consolidation of any portion or section of its railroad between any points through which it may run under its charter, operate and maintain such portion or section, with all the rights, powers and privileges hereby granted to the company.
HISTORY: 1962 Code Section 58-968; 1952 Code Section 58-968; 1942 Code Section 8265; 1932 Code Section 8210; Civ. C. '22 Section 4774; Civ. C. '12 Section 3109; Civ. C. '02 Section 2035; R. S. 1547; 1908 (25) 1090.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1310. Commission shall regulate crossings and culverts.

The Public Service Commission shall regulate and control by special order in each case the manner in which any street, street railway or other railroad track may cross any railroad track and the manner of constructing culverts under any railroad so as to effect proper drainage of adjacent territory.
HISTORY: 1962 Code Section 58-991; 1952 Code Section 58-991; 1942 Code Section 8227; 1932 Code Section 8269; Civ. C. '22 Section 4817; 1912 (27) 791; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1320. Consent of Office of Regulatory Staff to one railroad crossing another at same grade.

A railroad shall not be constructed to cross another railroad at the same level or across navigable or tidewaters without the consent, in writing, of the Office of Regulatory Staff, in the manner as the Office of Regulatory Staff prescribes. It is unlawful for any corporation to construct a branch or extension or otherwise to take any proceedings contemplating a new crossing of one railroad with another, at the same level, unless the crossing has been approved, in advance and in writing, by the Office of Regulatory Staff. Preliminary approval of any crossing plan is subject to revision by the Office of Regulatory Staff. The court of common pleas shall have full equity jurisdiction of the provisions of this section.
HISTORY: 1962 Code Section 58-992; 1952 Code Section 58-992; 1942 Code Section 8429; 1932 Code Section 8429; Civ. C. '22 Section 4982; Civ. C. '12 Section 3284; Civ. C. '02 Section 2179; G. S. 1530; R. S. 1723; 1881 (17) 834; 1935 (39) 25; 2006 Act No. 318, Section 117, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1330. Railroad shall not obstruct highways at crossings.

When a railroad is laid out across a highway or other way it shall be constructed so as not to obstruct such way.
HISTORY: 1962 Code Section 58-993; 1952 Code Section 58-993; 1942 Code Section 8430; 1932 Code Section 8430; Civ. C. '22 Section 4983; Civ. C. '12 Section 3285; Civ. C. '02 Section 2180; G. S. 1531; R. S. 1724; 1881 (17) 836.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1340. Altering course of highway.

A railroad corporation may alter the course of a highway or other way, other than a street in any incorporated city or town, for the purpose of facilitating the crossing of it by its road, or permitting its road to pass at the side thereof without crossing, upon obtaining a decree of the governing body of the county prescribing the manner and time of such alteration. The corporation shall pay all damages occasioned to private property by the alteration, as in the case of land taken for its road.
HISTORY: 1962 Code Section 58-994; 1952 Code Section 58-994; 1942 Code Section 8432; 1932 Code Section 8432; Civ. C. '22 Section 4985; Civ. C. '12 Section 3287; Civ. C. '02 Section 2182; G. S. 1533; R. S. 1726; 1881 (17) 836; 1893 (21) 481.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1350. Crossing on level shall be protected.

A railroad corporation whose road is crossed by a highway or other way within the corporate limits of any city or town on a level therewith, shall, at its own expense, so guard or protect its rails by plank, timber or otherwise as to secure a safe and easy passage across its road and if, in the opinion of the proper municipal authorities thereof, any subsequent alteration of the highway or other way, or any additional safeguards, are required at the crossing they may order the corporation to establish the same.
HISTORY: 1962 Code Section 58-995; 1952 Code Section 58-995; 1942 Code Section 8433; 1932 Code Section 8433; Civ. C. '22 Section 4986; Civ. C. '12 Section 3288; Civ. C. '02 Section 2183; G. S. 1534; R. S. 1727; 1881 (17) 837; 1931 (37) 152.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1360. County may authorize highway or town way to cross railroad.

A highway or town way may be laid out across a railroad previously constructed when the governing body of the county adjudge that the public convenience and necessity require it and, in such case, after due notice to the railroad corporation and hearing all parties interested, such body may thus lay out a highway across a railroad or may authorize a city or town, on the petition of the mayor and aldermen thereof, to lay out a way across a railroad in such manner as not to injure or obstruct the railroad.
HISTORY: 1962 Code Section 58-996; 1952 Code Section 58-996; 1942 Code Section 8434; 1932 Code Section 8434; Civ. C. '22 Section 4987; Civ. C. '12 Section 3289; Civ. C. '02 Section 2184; G. S. 1535; R. S. 1728; 1881 (17) 837.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1370. Stock guards or cattle gaps shall be constructed.

Each railroad company whose line of road lies wholly or partly in this State shall construct and keep in repair an adequate stock guard or cattle gap at every point where the line of railroad of any such company crosses the line of any fence in this State. For every violation of this section the railroad company so violating it shall pay to the owner of the fence upon the line of which such stock guard or cattle gap should have been constructed and kept in repair the sum of one hundred dollars, to be recovered by action in the court of common pleas for the county in which such stock guard or cattle gap should have been constructed and kept in repair.
HISTORY: 1962 Code Section 58-997; 1952 Code Section 58-997; 1942 Code Sections 8435, 8436; 1932 Code Sections 8435, 8436; Civ. C. '22 Sections 4988, 4989; Civ. C. '12 Sections 3290, 3291; Civ. C. '02 Sections 2185, 2186; G. S. 1536, 1537; R. S. 1729, 1730; 1881 (17) 837.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1380. Trains shall stop at crossings of railroad lines; exceptions.

Whenever lines of two steam railroads cross each other on the same grade in this State, every train on either shall be brought to a full stop before reaching the crossing. But this section shall not apply when the crossing is equipped with interlocking devices, signal lights, semaphores or other safety appliances which shall indicate that the train may cross in safety or when a flagman or watchman is stationed at the crossing and he signals that the train may cross in safety.
HISTORY: 1962 Code Section 58-998; 1952 Code Section 58-998; 1942 Code Section 8354; 1932 (37) 1144.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1390. Signs shall be maintained at crossings with public roads.

Every railroad corporation shall cause signs to be placed and constantly maintained alongside of each public road or street where it is crossed by the railroad on the same level. Each such sign shall be elevated so as to be easily seen by travelers and on each side of it shall be printed in large letters the words "Railroad Crossing" unless the railroad corporation elects to place two of such signs at each crossing, one on each side of the track in which case each of such signs may have thereon in large letters, only on the side facing the traffic approaching the crossing, the words "Railroad Crossing." But this section shall not apply to streets in cities, towns and villages unless the corporation be required to put up such sign by the officers having charge of such streets.
HISTORY: 1962 Code Section 58-999; 1952 Code Section 58-999; 1942 Code Section 8356; 1932 Code Section 8356; Civ. C. '22 Section 4904; Civ. C. '12 Section 3223; Civ. C. '02 Section 2133; G. S. 1484; R. S. 1686; 1891 (20) 116; 1937 (40) 155.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1410. Commission may require flagman to be stationed at important crossings.

The Public Service Commission may, upon the application of a county supervisor, if it deem it necessary, require any railroad corporation to have a stationary flagman at any crossing the importance of which may demand it.
HISTORY: 1962 Code Section 58-1001; 1952 Code Section 58-1001; 1942 Code Section 8380; 1932 Code Section 8380; Civ. C. '22 Section 4928; Civ. C. '12 Section 3233; Civ. C. '02 Section 2142; G. S. 1489; R. S. 1695; 1881 (17) 826; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1420. Appeal from Commission order requiring flagman; appointment of civil engineer to decide matter.

Any such railroad company, after receiving such notice, may, within ten days after such receipt, apply to the circuit court of the circuit in which such crossing is situated, or to a judge thereof if the court be not in session, and claim a re-examination of the locality and a revision of the action of the Commission. The court or judge, as the case may be, shall appoint forthwith some civil engineer, not connected with any railroad, to examine into the matter forthwith and he may either affirm the demand of the Commission or modify it and his determination shall be final.
HISTORY: 1962 Code Section 58-1002; 1952 Code Section 58-1002; 1942 Code Section 8381; 1932 Code Section 8381; Civ. C. '22 Section 4929; Civ. C. '12 Section 3234; Civ. C. '02 Section 2143; G. S. 1490; R. S. 1696; 1881 (17) 826; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1430. Railroad shall comply with orders as to crossings or flagmen.

Every railroad company shall, within the time indicated by the Commission or county supervisor, as the case may be, or within the time given by the civil engineer to such corporation upon re-examination, maintain and construct such crossing in the manner demanded of it by the Commission or county supervisor, as the case may be, or civil engineer, or station a flagman, if such should be required, at the locality where it has been found necessary, as aforesaid.
HISTORY: 1962 Code Section 58-1003; 1952 Code Section 58-1003; 1942 Code Section 8382; 1932 Code Section 8382; Civ. C. '22 Section 4930; Civ. C. '12 Section 3235; Civ. C. '02 Section 2144; G. S. 1491; R. S. 1697; 1881 (17) 826; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1440. Penalty and damages for injury at crossing not having required signals.

If a person is injured in his person or property by collision with the engine or any car of a railroad corporation at a crossing and it appears that the corporation neglected to give the signals required by the General Railroad Law and that such neglect contributed to the injury, the corporation shall be liable for all damages caused by the collision or to a fine recoverable by indictment, unless it is shown that in addition to a mere want of ordinary care the person injured or the person having charge of his person or property was at the time of the collision guilty of gross or wilful negligence or was acting in violation of the law and that such gross or wilful negligence or unlawful act contributed to the injury.
HISTORY: 1962 Code Section 58-1004; 1952 Code Section 58-1004; 1942 Code Section 8377; 1932 Code Section 8377; Civ. C. '22 Section 4925; Civ. C. '12 Section 3230; Civ. C. '02 Section 2139; G. S. 1529; R. S. 1692; 1881 (17) 824; 1919 (31) 102.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1610. Filing of annual schedule and report.

Each railroad company chartered by this State is required to file in the Office of Regulatory Staff, on or before the thirty-first day of March in each year, a full and detailed schedule and report of the condition and operations of the road for the current year ending on the thirty-first day of December then immediately preceding. The schedule and report must be made in accordance with the following rules and form:
(1) All liabilities, including interest accrued on funded debt, must be entered upon the books in the month when they were incurred, without reference to the date of payment.
(2) Expenses must be charged each month with such supplies, materials, and similar articles as have been used during that month, without reference to the time when they were purchased or paid for.
(3) No expenditure must be charged to property accounts except for actual interest during construction, equipment, or other property, unless it is made on old work in such a way as clearly to increase the value of the property over and above the cost of renewing the old work and in such cases only the amount of increased cost must be charged, and the amount allowed on account of the old work must be stated.
(4) Mileage of passenger and freight trains must include only the miles shown to be run by distances between stations and allowances made to passenger or freight trains for switching and all mileage of switch engines, computed on a basis of eight miles per hour for the time of actual service, must be stated separately.
(5) Season ticket passengers must be computed on the basis of twelve passengers per week for the time of each ticket.
(6) Local traffic must include all passengers carried on local tickets and all freight carried at local tariff or special local rates and all other traffic must be considered through.
These rules are subject to any changes as may be made upon petition by the Office of Regulatory Staff by the Public Service Commission under the authority conferred on it by Section 58-17-1900.
HISTORY: 1962 Code Section 58-1041; 1952 Code Section 58-1041; 1942 Code Section 8269; 1932 Code Section 8214; Civ. C. '22 Section 4778; Civ. C. '12 Section 3113; Civ. C. '02 Section 2039; G. S. 1438, 1439; R. S. 1608; 1935 (39) 25; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1620. Manner and form of reports; amendment of defective reports; preservation of reports.

The Office of Regulatory Staff must require the annual reports to be made by railroad companies in manner and form and at the time provided for herein and may require reports to be made of other matters. The Office of Regulatory Staff may, from time to time, make changes it considers proper, giving the corporations one year's notice of any changes or additions that require any alterations in the method or form of keeping their accounts. The Office of Regulatory Staff shall, on or before the first day of June in each year, furnish to the several railroads blank forms of any reports. When the report received from any corporation is defective or probably erroneous, the Office of Regulatory Staff must notify the corporation to amend it within fifteen days. The originals of the report or reports, as amended, subscribed and sworn to by the officers of the corporation, must be preserved in the office of the Office of Regulatory Staff. The Office of Regulatory Staff must prepare tables and abstracts of all the returns it considers expedient.
HISTORY: 1962 Code Section 58-1042; 1952 Code Section 58-1042; 1942 Code Section 8292-20; 1932 Code Section 8279; Civ. C. '22 Section 4827; Civ. C. '12 Section 3153; Civ. C. '02 Section 2075; G. S. 1463; R. S. 1638; 1881 (17) 819; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1630. List of names and residences of president and directors shall be filed.

Every railroad company owning or operating a line of railroad situated in whole or in part within the limits of this State must deposit with the Office of Regulatory Staff a list containing the names and residences of the president and board of directors of the railroad company owning or operating the line of railroad.
HISTORY: 1962 Code Section 58-1043; 1952 Code Section 58-1043; 1942 Code Section 8342; 1932 Code Section 8342; Civ. C. '22 Section 4889; Civ. C. '12 Section 3209; Civ. C. '02 Section 2120; 1892 (21) 14; 1935 (39) 25; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1640. Information to be furnished Office of Regulatory Staff on request.

Every railroad corporation must at all times, on request, furnish the Office of Regulatory Staff any information required by it concerning the condition, management, and operation of its railroad and particularly with copies of time tables and the rates of transporting freight and passengers upon its road and other roads with which its business is connected.
HISTORY: 1962 Code Section 58-1044; 1952 Code Section 58-1044; 1942 Code Section 8292-17; 1932 Code Section 8276; Civ. C '22 Section 4824; Civ. C. '12 Section 3150; Civ. C. '02 Section 2072; G. S. 1460; R. S. 1635; 1881 (17) 819; 1935 (39) 25; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1650. Interrogatories.

The Office of Regulatory Staff may make and propound to any of the railroad companies of this State any interrogatories additional to those contained in the schedule and report herein provided for, which must be answered by the companies in the same manner.
HISTORY: 1962 Code Section 58-1045; 1952 Code Section 58-1045; 1942 Code Section 8292-24; 1932 Code Section 8285; Civ. C. '22 Section 4833; Civ. C. '12 Section 3157; Civ. C. '02 Section 2079; G. S. 1467; R. S. 1642; 1892 (21) 16; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1660. Investigations and examinations of books and places of business; rules and regulations.

The Office of Regulatory Staff must, when necessary, investigate the books and papers of the railroad companies doing business in this State, ascertain if the rules and regulations of the commission have been complied with, and make personal visitations of railroad offices, stations, and other places of business for the purpose of examination. The Public Service Commission must make rules and regulations concerning the examinations, which rules and regulations must be observed and obeyed as other rules and regulations of the commission.
HISTORY: 1962 Code Section 58-1046; 1952 Code Section 58-1046; 1942 Code Section 8292-27; 1932 Code Section 8288; Civ. C. '22 Section 4836; Civ. C. '12 Section 3160; Civ. C. '02 Section 2082; R. S. 1645; 1892 (21) 13; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1670. Examination of agents and employees.

The Office of Regulatory Staff may examine all agents and employees of railroad companies and other persons under oath and otherwise, in order to procure the necessary information to make just and reasonable rates of freight and passenger tariffs, and to ascertain if rules and regulations are observed or violated and to propose to the commission necessary and proper rules and regulations concerning the examinations. The rules and regulations herein provided for must be obeyed and enforced as all other rules and regulations provided for in this chapter.
HISTORY: 1962 Code Section 58-1047; 1952 Code Section 58-1047; 1942 Code Section 8292-27; 1932 Code Section 8288; Civ. C. '22 Section 4836; Civ. C. '12 Section 3160; Civ. C. '02 Section 2082; R. S. 1645; 1892 (21) 13; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1680. Issuance of subpoenas; fees; issuance of attachment to compel attendance; contempt for refusal to obey court order.

The Office of Regulatory Staff, in making an examination for the purpose of obtaining information pursuant to this chapter, may obtain from the commission subpoenas for the attendance of witnesses pursuant to such rules as the commission may prescribe and the witnesses must receive from the State Treasury one dollar per day and five cents per mile traveled by the nearest practical route in going to and returning from the place of meeting of the Office of Regulatory Staff, to be ordered paid by the Comptroller General upon presentation of subpoenas by the witnesses as to the number of days served and miles traveled sworn to before the clerk of the Office of Regulatory Staff. In case any person wilfully fails or refuses to obey a subpoena, any circuit judge of the court of common pleas and general sessions of any county, upon application of the Office of Regulatory Staff, must issue an attachment for the witness and compel him to attend and give his testimony upon matters lawfully required by the Office of Regulatory Staff. A circuit judge may punish for contempt as in other cases of refusal to obey the process or order of the court.
HISTORY: 1962 Code Section 58-1048; 1952 Code Section 58-1048; 1942 Code Sections 8292-22, 8292-27; 1932 Code Sections 8283, 8288; Civ. C. '22 Sections 4831, 4836; Civ. C. '12 Sections 3155, 3160; Civ. C. '02 Sections 2077, 2082; G. S. 1465; R. S. 1640, 1645; 1892 (21) 13, 16; 1935 (39) 25; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1690. Penalty for failing to furnish reports or obstructing commission.

Every officer, agent, or employee of any railroad company who wilfully neglects or refuses to make and furnish any report required by the commission as necessary to the purposes of this chapter or who wilfully hinders, delays, or obstructs the commission in the discharge of the duties imposed upon it shall forfeit and pay a sum of not less than one hundred dollars nor more than one thousand dollars for each offense, to be recovered in any action in the name of the State as provided in Section 58-17-3940.
HISTORY: 1962 Code Section 58-1049; 1952 Code Section 58-1049; 1942 Code Section 8292-23; 1932 Code Section 8284; Civ. C. '22 Section 4832; Civ. C. '12 Section 3156; Civ. C. '02 Section 2078; G. S. 1465; R. S. 1640; 1892 (21) 16; 2006 Act No. 318, Section 118, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1810. Extent of rate-making power.

The powers herein conferred upon the Commission to fix passenger and freight rates, joint and several, are hereby delegated to it by the General Assembly as fully as the General Assembly itself could exercise them.
HISTORY: 1962 Code Section 58-1061; 1952 Code Section 58-1061; 1942 Code Section 8292-27; 1932 Code Section 8288; Civ. C. '22 Section 4836; Civ. C. '12 Section 3160; Civ. C. '02 Section 2082; R. S. 1645; 1892 (21) 13.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1820. Rates to which chapter not applicable.

Nothing in the General Railroad Law shall be taken as in any manner abridging or controlling the rates for freight charged by any railroad company in this State for carrying freight which comes from or goes beyond the boundaries of the State or on which less than local rates on any railroad carrying it are charged by such railroad, but such railroad companies shall possess the same power and right to charge such rates for carrying such freights as they possessed prior to December 19, 1892.
HISTORY: 1962 Code Section 58-1062; 1952 Code Section 58-1062; 1942 Code Section 8304; 1932 Code Section 8304; Civ. C. '22 Section 4851; Civ. C. '12 Section 3174; Civ. C. '02 Section 2092; R. S. 1656; 1892 (21) 8.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1830. Power of Commission over rates and routes.

The Public Service Commission shall:
(1) As provided in Section 58-17-1850, make reasonable and just rates of freight and passenger tariffs, to be observed by all railroad companies doing business in this State on the railroads therein;
(2) Make reasonable and just routes to be observed by all railroad companies doing business in this State and reasonable and just rules and regulations to be observed by all such railroad companies as to charges to any and all points for the necessary hauling and delivery of all freight;
(3) Make such just and reasonable rules and regulations as may be necessary for preventing unjust discrimination in the transportation of freight and passengers on the railroads in this State;
(4) Have the power to make just and reasonable joint rates for all connecting roads doing business in this State as to all traffic or business passing from one of such roads to another and to require the making of such connections at intersecting points of the schedules of trains as the public convenience may in its judgment demand;
(5) Make reasonable and just rates of charges for the use of railroad cars carrying any kind of freight and passengers on such railroad, no matter by whom owned or carried;
(6) Make just and reasonable rules and regulations to be observed by such railroad companies or railroads to prevent the giving or paying of any rebate or bonus, directly or indirectly, and the misleading or deceiving of the public in any manner as to the real rates charged for freight and passengers; and
(7) Have power, by rules and regulations, to designate and fix the difference in rates of freight and passenger transportation to be allowed for shorter and longer distances on the same or different railroads and to ascertain what shall be the limit of longer and shorter distances.
HISTORY: 1962 Code Section 58-1063; 1952 Code Section 58-1063; 1942 Code Section 8304; 1932 Code Section 8304; Civ. C. '22 Section 4851; Civ. C. '12 Section 3174; Civ. C. '02 Section 2092; R. S. 1656; 1892 (21) 11; 1944 (43) 1228.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1840. Notice before establishment of joint rates; hearing.

Before applying joint rates to roads that are not under the management and control of one company the Commission shall give thirty days' notice to such roads of the joint rate contemplated and of its division between such roads and shall give a hearing to any road desiring to object thereto.
HISTORY: 1962 Code Section 58-1064; 1952 Code Section 58-1064; 1942 Code Section 8304; 1932 Code Section 8304; Civ. C. '22 Section 4851; Civ. C. '12 Section 3174; Civ. C. '02 Section 2092; R. S. 1656; 1892 (21) 11.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1850. Prescribing schedule of rates; schedules as evidence.

The commission must make for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of just and reasonable rates of charges for transportation of passengers and freight cars on each of the railroads. When a lawsuit involves a railroad corporation's charges for the transportation of passengers, freight, or cars or unjust discrimination in relation to these charges, the schedule shall be considered in all of the courts of this State as sufficient evidence that the rates therein fixed are just and reasonable rates of charges for the transportation of passengers, freights, and cars upon the railroad when the schedules have been prepared and published for all the railroad companies organized under the laws of this State as provided in this section. The commission must not be a party to any lawsuit.
HISTORY: 1962 Code Section 58-1065; 1952 Code Section 58-1065; 1942 Code Section 8305; 1932 Code Section 8305; Civ. C. '22 Section 4852; Civ. C. '12 Section 3175; Civ. C. '02 Section 2093; R. S. 1657; 1898 (22) 810; 1935 (39) 25; 2006 Act No. 318, Section 119, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1860. Copies of schedules shall be posted.

When any such schedule for any such railroad company shall have been made or revised such railroad company shall post at each of its stations a copy of such schedule for the protection of the people. Any railroad corporation which shall fail to post at any of its stations a copy of the schedule of rates as provided in this section shall be liable to a penalty of one hundred dollars for each and every day in which it shall fail to post such schedule, to be recovered by any citizen who will sue therefor, one half of such penalty to go to the State, the other half to the citizen suing for the same.
HISTORY: 1962 Code Section 58-1066; 1952 Code Section 58-1066; 1942 Code Section 8305; 1932 Code Section 8305; Civ. C. '22 Section 4852; Civ. C. '12 Section 3175; Civ. C. '02 Section 2093; R. S. 1657; 1898 (22) 810; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1870. Annual publications of freight rates on watermelons and cantaloupes.

All railroad companies doing business in this State shall publish during the months of January and February of each year, the rates of freight on watermelons and cantaloupes per carload of twenty-four thousand pounds and upwards, from the various points in this State to the different markets of the country. Such rates shall not be increased during the year in which they are published. Any railroad company violating the provisions of this section by charging rates higher than those so published shall forfeit to the person injured double the amount of the freight charged, to be recovered in any court of competent jurisdiction.
HISTORY: 1962 Code Section 58-1067; 1952 Code Section 58-1067; 1942 Code Section 8309; 1932 Code Section 8309; Civ. C. '22 Section 4856; Civ. C. '12 Section 3179; 1903 (24) 82.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1880. Revision of schedules.

The Commission shall from time to time and as often as circumstances may require, change and revise each such schedule. Thirty days' notice of any such change or revision shall first be given to the railroad company to be affected thereby before such change or revision shall go into effect.
HISTORY: 1962 Code Section 58-1068; 1952 Code Section 58-1068; 1942 Code Section 8305; 1932 Code Section 8305; Civ. C. '22 Section 4852; Civ. C. '12 Section 3175; Civ. C. '02 Section 2093; R. S. 1657; 1898 (22) 810; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1890. Printed schedules shall be prima facie evidence.

Any such schedule purporting to have been printed and published as aforesaid shall be received and held in any such suit as is referred to in Section 58-17-1850 as prima facie the schedule of the Commission without further proof than the production of the schedule desired to be used as evidence, with a certificate of the Commission that it is a true copy of the schedule prepared by it for the railroad company therein named and that it has been duly published as required by law.
HISTORY: 1962 Code Section 58-1069; 1952 Code Section 58-1069; 1942 Code Section 8305; 1932 Code Section 8305; Civ. C. '22 Section 4852; Civ. C. '12 Section 3175; Civ. C. '02 Section 2093; R. S. 1657; 1898 (22) 810; 1935 (39) 25.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1900. Supervision of contracts concerning rates and division of earnings.

All contracts and agreements between railroad companies doing business in this State as to rates of freight and passenger tariffs must be submitted to the Office of Regulatory Staff for inspection and correction, that it may be seen whether or not they are in violation of the law, of the provisions of the Constitution or of the rules and regulations of the commission, and all arrangements and agreements whatever as to the division of earnings of any kind by competing railroad companies doing business in this State shall be submitted to the Office of Regulatory Staff for inspection and approval, insofar as they affect rules and regulations made by the commission to secure to all persons doing business with such companies just and reasonable rates of freight and passenger tariffs and so far as they are affected by any of the provisions contained in this chapter for securing to all persons just, equal, and reasonable facilities for the transportation of freight and passengers. The commission may make such rules and regulations as to such contracts and agreements as may be considered necessary and proper. Any agreements not approved by the commission or by virtue of which rates shall be charged exceeding the rates fixed for freight and passengers shall be violations of this chapter and are unlawful and void.
HISTORY: 1962 Code Section 58-1070; 1952 Code Section 58-1070; 1942 Code Section 8292-21; 1932 Code Section 8282; Civ. C. '22 Section 4830; Civ. C. '12 Section 3154; Civ. C. '02 Section 2076; G. S. 1464; R. S. 1639, 1665; 1892 (21) 13; 2006 Act No. 318, Section 120, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1910. Procedure when contracts concerning rates violate chapter.

If any contract, agreement, or arrangement is, in the opinion of the Office of Regulatory Staff, in violation of any of the provisions of this chapter, the Office of Regulatory Staff must notify the railroad companies in writing specifying its objections. If, within five days after receipt of the notice, the railroad companies fail or neglect to amend and alter the contract, agreement, or arrangement in a manner satisfactory to the Office of Regulatory Staff, the Office of Regulatory Staff must institute and conduct any legal proceedings necessary to enforce the penalties prescribed in this chapter for violations of its provisions.
HISTORY: 1962 Code Section 58-1071; 1952 Code Section 58-1071; 1942 Code Section 8292-21; 1932 Code Section 8282; Civ. C. '22 Section 4830; Civ. C. '12 Section 3154; Civ. C. '02 Section 2076; G. S. 1464; R. S. 1639, 1665; 1892 (21) 13; 2006 Act No. 318, Section 121, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1920. Use of mileage books.

Any railroad company selling mileage books for transportation shall receive coupons from mileage books sold by such railroad company on its trains for transportation within the State and check baggage upon presentation of such mileage books. But any railroad company selling or honoring mileage books for transportation which are interchangeable may require the holder thereof to present them in exchange for tickets.
HISTORY: 1962 Code Section 58-1073; 1952 Code Section 58-1073; 1942 Code Section 8409; 1932 Code Section 8409; Civ. C. '22 Section 4957; 1912 (27) 778; 1915 (29) 102.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1930. Sale of interchangeable mileage shall be continued; family use.

No railroad company selling such interchangeable mileage books shall discontinue the use of local mileage but the use of interchangeable mileage books shall not be extended to the members of the purchaser's family unless such selling company shall so elect; if it is so extended such ticket shall be valid and good for the carriage over the lines of such railroad of the purchaser and the actual members of his family living with him at the time of purchase if the name of the person so entitled to use such ticket shall be furnished in writing to the railroad selling it by the purchaser at the time of the purchase and shall be inserted in the ticket.
HISTORY: 1962 Code Section 58-1074; 1952 Code Section 58-1074; 1942 Code Sections 8408, 8409; 1932 Code Sections 8408, 8409; Civ. C. '22 Sections 4956, 4957; Civ. C. '12 Section 3262; 1904 (24) 439; 1912 (27) 778; 1915 (29) 102.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1940. Surcharge for intrastate Pullman transportation shall be unlawful.

It shall be unlawful for any railroad or Pullman car company doing business in this State to collect from any person within the boundaries of the State any surtax or surcharge for Pullman car transportation from one point to any other point within the bounds of the State. But nothing in this section shall be construed to affect in any way the charge which any railroad or Pullman car company requires for transportation in interstate travel.
HISTORY: 1962 Code Section 58-1075; 1952 Code Section 58-1075; 1942 Code Section 1692; 1932 Code Section 8296; 1924 (33) 945.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1950. Charge of unreasonable rates shall constitute extortion.

If any railroad corporation organized or doing business in this State shall charge, collect, demand or receive more than a fair and reasonable rate of toll or compensation for transportation of passengers or freight of any description or for the use and transportation of any railroad car upon its tracks or any of its branches or upon any railroad within this State which it has the right, license or permission to use, operate or control, it shall be guilty of extortion and, upon conviction thereof, shall be fined in a sum not less than one hundred nor more than one thousand dollars.
HISTORY: 1962 Code Section 58-1076; 1952 Code Section 58-1076; 1942 Code Section 8293; 1932 Code Sections 1696, 8293; Civ. C. '22 Section 4841; Cr. C. '22 Section 642; Civ. C. '12 Section 3165; Cr. C. '12 Section 667; Civ. C. '02 Section 2083; Cr. C. '02 Section 476; G. S. 373; R. S. 1646; 1892 (21) 10.