reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-150. Notification of needed repairs or improvements; legal action to enforce.

(A) Whenever, in the judgment of the Office of Regulatory Staff, it shall appear that repairs are necessary upon any such railroad or that any addition to the rolling stock or any enlargement of, or improvement in, the stations or station houses, any modification in the rates of fare for transporting freight or passengers or any change in the mode of operating the road and conducting its business is reasonable and expedient in order to promote the security, convenience, and accommodation of the public, the Office of Regulatory Staff shall give information in writing to the corporation of the repairs, additions, improvements, or changes which it adjudges to be proper. If the company shall fail, within sixty days, to adopt the suggestions of the Office of Regulatory Staff, it shall take legal proceedings as it may deem expedient and may call upon the Attorney General to institute and conduct such proceedings. The power herein conferred upon the Office of Regulatory Staff shall be sufficient to require of common carriers the establishment and maintenance of terminal facilities, the extension of pass tracks, sidetracks, and other than industrial tracks and all other improvements and changes which seem reasonable and expedient to the Office of Regulatory Staff.
(B) Any railroad subject to the jurisdiction of the commission may retire any team track within this State upon showing that the track has not been used for at least two years. Before any track is retired for nonuse, the railroad shall give thirty days' written notice to the commission and to the Office of Regulatory Staff . The notice must be accompanied by a fee of fifty dollars and an affidavit of the railroad's agent or employee having personal knowledge of the fact that the track has not been used by the public during the two-year period immediately preceding the retirement date of the track.
HISTORY: 1962 Code Section 58-981; 1952 Code Section 58-981; 1942 Code Section 8292-14; 1932 Code Section 8273; Civ. C. '22 Section 4821; Civ. C. '12 Section 3147; Civ. C. '02 Section 2069; G. S. 1457; R. S. 1632; 1881 (17) 818; 1920 (31) 1086; 1935 (39) 25; 1988 Act No. 658, Part II, Section 23, eff June 8, 1988; 2006 Act No. 318, Section 109, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-160. Railroads shall not remove from towns of more than 500.

In the exercise of the powers and rights conferred in this chapter no railroad shall remove its line of railway from any incorporated town of more than five hundred inhabitants through which it now runs.
HISTORY: 1962 Code Section 58-982; 1952 Code Section 58-982; 1942 Code Section 8274; 1932 Code Section 8219; Civ. C. '22 Section 4783; 1915 (29) 539; 1916 (29) 824.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-170. General supervision of railroads; enforcement of chapter.

The Office of Regulatory Staff shall have the general supervision of all railroads and railways in this State operated by steam and must examine them and keep informed as to their condition and the manner in which they are operated, with reference to the security and accommodation of the public and the compliance of the several corporations with the provisions of their charters and the laws of the State. The Office of Regulatory Staff shall enforce the provisions of this chapter.
HISTORY: 1962 Code Section 58-1031; 1952 Code Section 58-1031; 1942 Code Section 8292-12; 1932 Code Section 8251; Civ. C. '22 Section 4811; Civ. C. '12 Section 3142; Civ. C. '02 Section 2067; G. S. 1455; R. S. 1630; 1881 (17) 817; 1898 (22) 780; 2006 Act No. 318, Section 110, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-180. Notification to railroad of violation of charter or law; suit for mandamus or to restrain continued violations.

Whenever in the judgment of the Office of Regulatory Staff it shall appear that any such corporation has violated any law or neglected, in any respect or particular, to comply with the terms of its charter or with the provisions of any of the laws of the State, especially in regard to connections with other railroads, its rates of toll, or its time schedule, the Office of Regulatory Staff shall give notice thereof in writing to such corporation and if the violation or neglect is continued after such notice, the Office of Regulatory Staff shall make application to a circuit court or a judge thereof in vacation for an injunction to restrain the company complained of from further continuing to violate the law or the terms of its charter or for a writ of mandamus as provided in Section 58-17-110.
HISTORY: 1962 Code Section 58-1032; 1952 Code Section 58-1032; 1942 Code Section 8292-13; 1932 Code Section 8272; Civ. C. '22 Section 4820; Civ. C. '12 Section 3146; Civ. C. '02 Section 2068; G. S. 1456; R. S. 1631; 1881 (17) 817; 1935 (39) 25; 2006 Act No. 318, Section 111, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-190. Investigation of petitions of local governments; notice.

Upon the petition of the mayor and aldermen or council of any city or town or the governing body of any county within which any part of any such railroad is located, the commission shall request the Office of Regulatory Staff to make an examination of the condition and operation thereof. Before proceeding to make the examination, the Office of Regulatory Staff shall give to the petitioner and the railroad corporation reasonable notice, in writing, of the time and place of entering upon it.
HISTORY: 1962 Code Section 58-1033; 1952 Code Section 58-1033; 1942 Code Section 8292-15; 1932 Code Section 8274; Civ. C. '22 Section 4822; Civ. C. '12 Section 3148; Civ. C. '02 Section 2070; G. S. 1458; R. S. 1633; 1881 (17) 818; 1935 (39) 25; 2006 Act No. 318, Section 112, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-200. Notice of railroad to remove cause of petition; report to General Assembly; institution of legal proceedings.

If, upon such examination, it shall appear to the Office of Regulatory Staff that the matter alleged by the petitioner is well founded, it must inform the corporation operating the railroad in the manner provided in Section 58-17-180. If the company fails for sixty days after such notice to remove the cause of the petition, the Office of Regulatory Staff shall make a report to the General Assembly for any action as it may consider expedient or, if there be necessity for prompt action, it may take any legal proceedings as may be proper and the Office of Regulatory Staff shall institute the proceedings.
HISTORY: 1962 Code Section 58-1034; 1952 Code Section 58-1034; 1942 Code Section 8292-15; 1932 Code Section 8274; Civ. C. '22 Section 4822; Civ. C. '12 Section 3148; Civ. C. '02 Section 2070; G. S. 1458; R. S. 1633; 1881 (17) 818; 1935 (39) 25; 2006 Act No. 318, Section 113, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-310. Purchaser of railroad shall reorganize and commence operation within sixty days; exceptions.

Any person acquiring any railroad within this State by purchase, foreclosure, or otherwise shall organize under the provisions of this article and put into operation such road within sixty days from the purchase or acquisition thereof.
The provisions of this section do not apply to acquisitions of railroads by merger or consolidation.
HISTORY: 1962 Code Section 58-901; 1952 Code Section 58-901; 1942 Code Section 8277; 1932 Code Section 8222; Civ. C. '22 Section 4786; Civ. C. '12 Section 3117; Civ. C. '02 Section 2043; 1897 (22) 533; 1994 Act No. 479, Section 1, eff July 14, 1994.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-320. Penalties for failure to reorganize.

Should any such person mentioned in Section 58-17-310 fail to reorganize such company as provided by said section, within the time therein limited, such person shall pay a penalty of fifty dollars per day for each and every day they shall fail to operate such railroad, this penalty to be collected by the Office of Regulatory Staff. But the penalty herein provided shall not attach when reasonable cause for failure to operate can be shown.
Any person shall, in addition to the penalty above provided, forfeit all of his franchises, powers, and privileges.
HISTORY: 1962 Code Section 58-902; 1952 Code Section 58-902; 1942 Code Section 8278; 1932 Code Section 8223; Civ. C. '22 Section 4787; Civ. C. '12 Section 3118; Civ. C. '02 Section 2044; 1897 (22) 533; 1935 (39) 25; 2006 Act No. 318, Section 114, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-330. Reorganization provisions not applicable to certain sidetracks or spur tracks.

The provisions of Section 58-17-310 shall only apply to the main lines and regular branches of railroads and shall not apply to any sidetracks or spur tracks constructed for special or temporary purpose or occasional use.
HISTORY: 1962 Code Section 58-903; 1952 Code Section 58-903; 1942 Code Section 8279; 1932 Code Section 8224; Civ. C. '22 Section 4788; Civ. C. '12 Section 3119; Civ. C. '02 Section 2045.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-340. Formation of corporation following purchase of railroad by virtue of mortgage or deed of trust by filing certificate.

In case of the sale of any railroad situated wholly or partly within this State, by virtue of any mortgage or deed of trust, whether under foreclosure or other judicial proceeding or pursuant to any power contained in such mortgage or deed of trust, the purchaser thereof or his survivor representatives or assigns may, together with his associates, if any, form a corporation for the purpose of owning, possessing, maintaining and operating such railroad, or such portion thereof as may be situated within this State, by filing in the office of the Secretary of State a certificate specifying the name and style of such corporation, the number of its directors, the names of its directors and the period of their services, not exceeding one year, the amount of the capital stock of such corporation and the number of shares into which it is to be divided.
But nothing herein contained shall be construed to authorize in any manner the purchase or lease of such railroad by any railroad corporation or steamship company chartered either by this or any other state except as herein provided.
HISTORY: 1962 Code Section 58-904; 1952 Code Section 58-904; 1942 Code Section 8276; 1932 Code Section 8221; Civ. C. '22 Section 4785; Civ. C. '12 Section 3116; Civ. C. '02 Section 2042; G. S. 1420; R. S. 1610; 1881 (17) 793; 1889 (20) 377.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-350. Maximum amount of capital stock which may be named in certificate; increase.

The capital stock to be named in the certificate aforesaid shall in no case be greater than the amount of the capital stock specified in the original charter of the railroad so sold and any amendment or amendments thereto. Nothing herein contained, however, shall be construed to prevent an increase of capital stock to such additional amount as may be needed to convert any bonds or other indebtedness of the original corporation into stock and the corporation so formed may divide its capital stock into common and preferred stock upon such terms and with such conditions as may be prescribed.
HISTORY: 1962 Code Section 58-905; 1952 Code Section 58-905; 1942 Code Section 8276; 1932 Code Section 8221; Civ. C. '22 Section 4785; Civ. C. '12 Section 3116; Civ. C. '02 Section 2042; G. S. 1420; R. S. 1610; 1881 (17) 793; 1889 (20) 377.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-360. Persons signing certificate shall be body corporate; powers.

The persons signing such certificate and their successors shall be a body corporate and politic, by the name specified in such certificate, with power to sue and be sued, contract and be contracted with and to own, possess, maintain and operate the railroad referred to in such certificate and to transact all business connected therewith.
HISTORY: 1962 Code Section 58-906; 1952 Code Section 58-906; 1942 Code Section 8276; 1932 Code Section 8221; Civ. C. '22 Section 4785; Civ. C. '12 Section 3116; Civ. C. '02 Section 2042; G. S. 1420; R. S. 1610; 1881 (17) 793; 1889 (20) 377.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-370. Powers, rights and the like of corporation organized under article.

Any corporation organized under the provisions of this article shall possess all the powers, rights, immunities, privileges and franchises in respect to such railroad, or the part thereof included in such certificate, and in respect to the real and personal property appertaining to it, which were possessed or enjoyed by the corporation which owned or held such railroad previous to such sale, under or by virtue of its charter and any amendments thereto and of other laws of this State or the laws of any other state in which any part of such railroad may have been situated, not inconsistent with the laws of this State.
HISTORY: 1962 Code Section 58-907; 1952 Code Section 58-907; 1942 Code Section 8280; 1932 Code Section 8225; Civ. C. '22 Section 4789; Civ. C. '12 Section 3120; Civ. C. '02 Section 2046; G. S. 1421; R. S. 1611; 1881 (17) 793.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-380. Adoption of bylaws, rules and regulations by corporation.

Any such corporation may make bylaws, rules and regulations in relation to its business, the number of its directors and the times and places of holding meetings of the stockholders and directors and may alter and change such bylaws as may be deemed expedient; provided, that such bylaws, rules and regulations shall conform to the laws of this State.
HISTORY: 1962 Code Section 58-908; 1952 Code Section 58-908; 1942 Code Section 8283; 1932 Code Section 8228; Civ. C. '22 Section 4792; Civ. C. '12 Section 3123; Civ. C. '02 Section 2048; G. S. 1423; R. S. 1612; 1881 (17) 794.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-390. Amount of capital stock corporation may issue.

Any such corporation may issue capital stock to such an aggregate amount as may be deemed necessary, not exceeding the amount named in its certificate of organization.
HISTORY: 1962 Code Section 58-909; 1952 Code Section 58-909; 1942 Code Section 8283; 1932 Code Section 8228; Civ. C. '22 Section 4792; Civ. C. '12 Section 3123; Civ. C. '02 Section 2048; G. S. 1423; R. S. 1612; 1881 (17) 794.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-400. Issuance and sale of bonds; execution of mortgage or deed of trust to secure payment of bonds.

Any such corporation may make and issue bonds bearing such rate of interest, not exceeding seven per cent per annum, payable at such times and places and in such amount or amounts as it may deem expedient and may sell and dispose of such bonds at such prices and in such manner as it may deem proper and secure the payment of such bonds by mortgage or deeds of trust on its railroad or any part thereof and its real and personal property and franchises. And all of the property and franchises of such corporation embraced or intended to be embodied in any such mortgage or deed of trust, whether then held or thereafter acquired, shall be subject to the lien and operation of such mortgage or deed of trust and, in case of sale under it, shall pass to and become vested in the purchaser thereof so as to enable him to form a new corporation in the manner herein prescribed and to vest in such new corporation all the faculties, rights, immunities, privileges and franchises possessed by its predecessor or conferred by this chapter.
HISTORY: 1962 Code Section 58-910; 1952 Code Section 58-910; 1942 Code Section 8281; 1932 Code Section 8226; Civ. C. '22 Section 4790; Civ. C. '12 Section 3121; Civ. C. '02 Section 2047; G. S. 1422; R. S. 1612; 1881 (17) 793.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-410. Sinking fund.

Any such corporation may so establish sinking funds for the payment of its liabilities.
HISTORY: 1962 Code Section 58-911; 1952 Code Section 58-911; 1942 Code Section 8283; 1932 Code Section 8228; Civ. C. '22 Section 4792; Civ. C. '12 Section 3123; Civ. C. '02 Section 2048; G. S. 1423; R. S. 1612; 1881 (17) 794.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-420. Charter subject to amendment, alteration or repeal by State.

Any railroad corporation formed under the provisions of this article shall be subject, as to the charter of such corporation, to the provisions of Section 12-401 of the Code of Laws of South Carolina, 1962, any provision in the original charter of the company which owned or held such railroad previous to such sale or any amendment thereto to the contrary notwithstanding.
HISTORY: 1962 Code Section 58-912; 1952 Code Section 58-912; 1942 Code Section 8284; 1932 Code Section 8229; Civ. C. '22 Section 4793; Civ. C. '12 Section 3124; Civ. C. '02 Section 2049; 1881 (17) 795.
Editor's Note
Section 12-401 of the Code of Laws of South Carolina, 1962, referred to in this section, was repealed by 1962 Act No. 847 (1962 (52) 1896). Prior to its repeal that section read as follows:
"It shall be deemed a part of the charter of every corporation created under the provisions of any general law and of every charter granted, renewed, or amended by act or joint resolution of the General Assembly, unless such act or joint resolution shall, in express terms, declare the contrary, that such charter and every amendment and renewal thereof shall always remain subject to amendment, alteration or repeal by the General Assembly."
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-430. Certificate as evidence of incorporation.

A copy of such certificate, attested by the Secretary of State or his deputy, shall, in all courts and places, be evidence of the due organization and existence of such corporation and of the matters specified in such certificate.
HISTORY: 1962 Code Section 58-913; 1952 Code Section 58-913; 1942 Code Section 8276; 1932 Code Section 8221; Civ. C. '22 Section 4785; Civ. C. '12 Section 3116; Civ. C. '02 Section 2042; G. S. 1420; R. S. 1610; 1881 (17) 793; 1889 (20) 377.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-610. Merger or consolidation with continuous or connected railroad authorized.

Any railroad company organized under the laws of this State and operating a railroad, whether wholly within or partly within and partly without this State, under the authority of this State, or of this State and any adjoining state, may consolidate its capital stock, franchises, and property with those of any other railroad company organized and operated under the laws of this or any other state so as to form a new consolidated corporation, or either of such companies may merge or be merged into the other when two or more railroads of the companies proposed to be consolidated or merged are continuous or are connected either directly with each other or by means of any intervening railroad. Railroads terminating on the banks of any river which are or may be connected by ferry or otherwise shall be considered continuous within the meaning of this article. Any consolidation of railroad companies shall be carried out by each railroad company according to the provisions of this article. Any merger of railroad companies shall be carried out by each railroad company according to and with the effects stated in Title 33, Chapter 11, and in such a merger, dissenting stockholders' rights shall be determined in accordance with Title 33, Chapter 13.
HISTORY: 1962 Code Section 58-921; 1952 Code Section 58-921; 1942 Code Section 8285; 1932 Code Section 8230; Civ. C. '22 Section 4794; Civ. C. '12 Section 3125; Civ. C. '02 Section 2050; G. S. 1425; R. S. 1615; 1901 (23) 717; 1994 Act No. 479, Section 2, eff July 14, 1994.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-620. Procedure for consolidation.

Any consolidation of railroad companies must be made under the conditions, provisions, and restrictions and with the powers in this article mentioned and contained, that is to say:
(1) The directors of the several corporations proposing to consolidate may enter into a joint agreement, under the corporate seal of each company, for the consolidation of such companies and railroads and prescribing the terms and conditions of them, the mode of carrying it into effect, the name of the new corporation, the number and names of the directors and other officers of it who shall be the first directors and officers and their places of residence, the number of shares of the capital stock, the amount of par value of each share, the manner of converting the capital stock of each of the companies into that of the new corporation and how and when directors and officers must be chosen, with such other details as they shall consider necessary to perfect such new organization and the consolidation of such companies;
(2) Such agreement must be submitted to the stockholders of each of the companies at a meeting thereof, called separately, for the purpose of taking it into consideration; due notice of the time and place of holding such meeting and the object of it must be given by a general notice published in some newspaper in the city, town, or county in which the company has its principal office or place of business; at the meeting of stockholders the agreement of the directors must be considered and a vote, by ballot, taken for the adoption or rejection of it, each share entitling the holder of it to one vote; the ballots must be cast in person or by proxy; if a majority of all the votes of all the stockholders are for the adoption of the agreement that fact must be certified thereon by the secretary of the respective companies, under the seal of it; and the agreement so adopted, or a certified copy of it, must be filed in the office of the Secretary of State, and must from thence be deemed and taken to be the agreement and the act of consolidation of the companies and a copy of the agreement and act of consolidation, duly certified by the Secretary of State under the seal of it, must be evidence of the existence of such new corporation.
HISTORY: 1962 Code Section 58-922; 1952 Code Section 58-922; 1942 Code Section 8286; 1932 Code Section 8231; Civ. C. '22 Section 4795; Civ. C. '12 Section 3126; Civ. C. '02 Section 2051; G. S. 1426; R. S. 1616; 1881 (17) 795; 1994 Act No. 479, Section 3, eff July 14, 1994.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-630. Consolidation fees.

Upon the consolidation of any railroad company there shall be paid to the Secretary of State a fee upon the capital stock of the combined company as in the organization of a new company; provided, that credit shall be given thereon for any charter fees paid by companies forming the consolidated company.
HISTORY: 1962 Code Section 58-922.1; 1952 Code Section 12-455; 1942 Code Sections 7738, 7757; 1932 Code Sections 7738, 7757; Civ. C. '22 Section 4312; Civ. C. '12 Section 2842; Civ. C. '02 Section 1888; 1901 (23) 710; 1925 (34) 246; 1927 (35) 30.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-640. New charter shall be issued to consolidated company; no additional fee shall be charged.

When railroad companies are consolidated under the provisions of this article a charter of incorporation for the new company so formed by such consolidation shall be issued to the owners and stockholders of the companies so consolidating or to such of them as the stockholders of each of such companies shall designate. Only the fees provided by law for consolidation shall be charged and no additional fee shall be charged for any such charter.
HISTORY: 1962 Code Section 58-923; 1952 Code Section 58-923; 1942 Code Section 8285; 1932 Code Section 8230; Civ. C. '22 Section 4794; Civ. C. '12 Section 3125; Civ. C. '02 Section 2050; G. S. 1425; R. S. 1615; 1901 (23) 717.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-650. Procedure for assessment of damages of dissenting stockholder.

Any stockholder of any company hereby authorized to consolidate with any other who shall refuse to convert his stock into the stock of the consolidated company may, at any time within thirty days after the adoption of the agreement of consolidation by the stockholders, as in this article provided, apply, by petition, to the court of common pleas of the county in which the chief office of the company may be kept or to a judge of such court in vacation, if no such court sits within such period, on reasonable notice to the company, to appoint three disinterested persons to estimate the damage, if any, done to such stockholder by the proposed consolidation and whose award, or that of a majority of them, when confirmed by the court, shall be final and conclusive. The persons so appointed shall also appraise the stock of any such stockholder at the full market value thereof, without regard to any depreciation or appreciation in consequence of such consolidation and the company may, at its election, either pay to the stockholder the amount of damages so found and awarded, if any, or the value of the stock so ascertained and determined. And upon the payment of the value of the stock, as aforesaid, the stockholder shall transfer the stock so held by him to the company, to be disposed of by the directors of the company or to be retained for the benefit of the remaining stockholders. In case the value of the stock, as aforesaid, is not paid within thirty days from the filing of the award and confirmation thereof by the court and notice to the company, the damages so found and confirmed shall be a judgment against the company and collected as other judgments in such court are by law recoverable.
HISTORY: 1962 Code Section 58-924; 1952 Code Section 58-924; 1942 Code Section 8292; 1932 Code Section 8237; Civ. C. '22 Section 4801; Civ. C. '12 Section 3132; Civ. C. '02 Section 2057; G. S. 1432; R. S. 1622; 1881 (17) 796.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-660. Rights, duties and the like of consolidated corporation.

Upon the making and perfecting the agreement and act of consolidation, as provided in Section 58-17-620, and filing it, or a copy, with the Secretary of State as aforesaid, the several corporations parties thereto shall be deemed and taken to be one corporation by the name provided in such agreement and act, possessing within this State all the rights, privileges and franchises and subject to all the restrictions, disabilities and duties of each of such corporations so consolidated.
HISTORY: 1962 Code Section 58-925; 1952 Code Section 58-925; 1942 Code Section 8287; 1932 Code Section 8232; Civ. C. '22 Section 4796; Civ. C. '12 Section 3127; Civ. C. '02 Section 2052; G. S. 1427; R. S. 1617; 1881 (17) 796.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-670. Transfer of rights, liabilities and the like to consolidated corporation.

Upon the consummation of the act of consolidation all and singular the rights, privileges and franchises of each of such corporations, parties to such consolidation and all the property, real, personal and mixed, and all debts due on whatever account, as well as all stocks, subscriptions and other things in action belonging to each of such corporations, shall be taken and deemed to be transferred to, and vested in, such new corporation, without further act or deed and all property and rights-of-way and every other interest shall be as effectually the property of the new corporation as they were of the former corporations, parties to such agreement. The title to real estate, either by deed or otherwise, under the laws of this State vested in either of such corporations shall not be deemed to revert or be in any way impaired by reason of this chapter. But all rights of creditors and all liens upon the property of such corporations shall be preserved unimpaired and the respective corporations may be deemed to continue in existence to preserve them and all debts, liabilities and duties of either of such companies shall thenceforth attach to the new corporation and be enforced against it to the same extent as if such debts, liabilities and duties had been incurred or contracted by it.
HISTORY: 1962 Code Section 58-926; 1952 Code Section 58-926; 1942 Code Section 8288; 1932 Code Section 8233; Civ. C. '22 Section 4797; Civ. C. '12 Section 3128; Civ. C. '02 Section 2053; G. S. 1428; R. S. 1618; 1881 (17) 796.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-680. Consolidated corporation shall not acquire greater rights than those of consolidating corporations.

No new consolidated corporation coming into existence under this article shall thereby acquire any extraordinary rights, privileges and exemptions not enjoyed by one or more of the companies consolidating under their respective charters.
HISTORY: 1962 Code Section 58-927; 1952 Code Section 58-927; 1942 Code Section 8292-3; 1932 Code Section 8240; Civ. C. '22 Section 4804; Civ. C. '12 Section 3135; Civ. C. '02 Section 2060; G. S. 1434; R. S. 1624; 1881 (17) 798.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-690. Consolidated corporation shall establish offices.

Such new company shall, as soon as convenient after such consolidation, establish such offices as may be desirable, one of which shall be at some point in this State, on the line of its road, and may change them at pleasure, giving public notice thereof in some newspaper published on the line of the road.
HISTORY: 1962 Code Section 58-928; 1952 Code Section 58-928; 1942 Code Section 8289; 1932 Code Section 8234; Civ. C. '22 Section 4798; Civ. C. '12 Section 3129; Civ. C. '02 Section 2054; G. S. 1429; R. S. 1619; 1881 (17) 796.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-700. Liability of consolidated corporation to suits.

Suits may be brought and maintained against such new company in any of the courts of this State for all causes of action in the same manner as against other railroad companies therein.
HISTORY: 1962 Code Section 58-929; 1952 Code Section 58-929; 1942 Code Section 8290; 1932 Code Section 8235; Civ. C. '22 Section 4799; Civ. C. '12 Section 3130; Civ. C. '02 Section 2055; G. S. 1430; R. S. 1620; 1881 (17) 796.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-710. Property of consolidated corporation subject to taxation.

The portion of the road of such consolidated company in this State and all its real estate and other property theretofore subject to taxation shall be subject to like taxation and assessed in the same manner, and with like effect, as the property of other railroad companies in this State.
HISTORY: 1962 Code Section 58-930; 1952 Code Section 58-930; 1942 Code Section 8291; 1932 Code Section 8236; Civ. C. '22 Section 4800; Civ. C. '12 Section 3131; Civ. C. '02 Section 2056; G. S. 1431; R. S. 1621; 1881 (17) 796.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-720. Consolidations and the like of competing railroads prohibited.

No corporations owning and controlling lines of railroad which can compete as set forth in Section 58-17-740 shall make any consolidation, amalgamation or merger of stocks or franchises or of railroads or interests and any contract or agreement for the same shall be null and void.
HISTORY: 1962 Code Section 58-931; 1952 Code Section 58-931; 1942 Code Section 8292-2; 1932 Code Section 8239; Civ. C. '22 Section 4803; Civ. C. '12 Section 3134; Civ. C. '02 Section 2059; 1894 (21) 811.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-730. Certain consolidations with companies of other states not authorized.

Nothing in this article contained shall be taken to authorize the consolidation of any company of this State with any company of any other state whose laws shall not also authorize such consolidation.
HISTORY: 1962 Code Section 58-932; 1952 Code Section 58-932; 1942 Code Section 8285; 1932 Code Section 8230; Civ. C. '22 Section 4794; Civ. C. '12 Section 3125; Civ. C. '02 Section 2050; G. S. 1425; R. S. 1615; 1901 (23) 717.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-740. Purchase of connecting railroad sold under mortgage, deed of trust or judicial process.

When any railroad shall be sold and conveyed by virtue of any mortgage or deed of trust or under and by virtue of any process or decree of any court of this State or of the circuit court of the United States, any company with which such railroad connects may purchase and pay for such railroad, may issue its own stock for such an amount as the purchasers may deem the full and fair value thereof and may hold and enjoy the railroad so purchased with all the rights, privileges and franchises and with the same rights to charge for tolls, transportation and car services and subject to the same restrictions as were held, enjoyed and limited by and in respect to the company of which the road may be so sold. But no person shall purchase or lease any railroad lying in whole or in part within this State, or any interest therein or shall operate any such railroad when such purchaser or lessee already owns, operates or is interested in a line or lines of railroad which, either alone or in conjunction with other connecting railroads lying within or without this State, can compete between any two or more points within this State and any such purchase, lease or acquisition is hereby declared to be null and void. Nor shall any person owning or exercising a controlling interest in any such competing company or companies, either directly or indirectly, purchase or lease, in whole or in part, any such railroad. Any incorporators or individuals so offending by making any such acquisition shall also forfeit any franchise or license which they may hold from this State to operate or hold the competing road which they own, operate or are interested in and the company owning the railroad so to be controlled shall forfeit its charter, franchise or license to own and operate such railroad.
HISTORY: 1962 Code Section 58-933; 1952 Code Section 58-933; 1942 Code Section 8292-1; 1932 Code Section 8238; Civ. C. '22 Section 4802; Civ. C. '12 Section 3133; Civ. C. '02 Section 2058; G. S. 1433; R. S. 1623; 1881 (17) 798; 1894 (21) 811.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-760. Ownership of stock or bonds of connecting railroad or steamboat company.

A railroad corporation may aid in the construction of any branch or connecting railroad within the limits of this State, whether connecting by railroad or steamboat lines, by subscribing for shares of stock in such corporation or of any steamship line connecting the terminus of such railroad company with any port of the United States or by taking its notes or bonds, to be secured by mortgage or otherwise, as the parties may agree, and shall be entitled to vote on all shares of stock so subscribed for and held.
HISTORY: 1962 Code Section 58-935; 1952 Code Section 58-935; 1942 Code Section 8292-5; 1932 Code Section 8242; Civ. C. '22 Section 4806; Civ. C. '12 Section 3137; Civ. C. '02 Section 2062; G. S. 1435; R. S. 1625; 1881 (17) 799.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-770. Ownership of stock or company controlling stock of competing railroad prohibited; dissolution.

No person owning or operating directly or indirectly any railroad lying in whole or in part within this State or owning or controlling at the time, either solely or in connection with others, a majority of the stock of a corporation owning or controlling, by stock, ownership or otherwise, any such railroad shall own or be interested in the stock of any corporation chartered by this State which owns or leases, in whole or in part, or is otherwise interested in any railroad which competes in the manner set forth in Section 58-17-720 with the railroad or railroads so owned or operated by such person. A purchase or acquisition of the stock of a company controlling such last-named company by stock ownership is likewise prohibited. In the event of such acquisition of such stock, or an interest therein, by any such person first in this section above named, the charter of the corporation of this State last mentioned owning such railroad shall be forfeited and its franchises are ipso facto withdrawn and all railroad charters hereafter accepted are declared to be granted subject to this condition. And the Attorney General of this State shall proceed at once, in the name of the State, to have such dissolution decreed by a court of competent jurisdiction and to dispose of the property of such corporation and distribute its assets to its creditors and stockholders according to law. The Attorney General shall see to the observance of this section and shall proceed by action, or other appropriate proceedings, legal or equitable, to inquire into, restrain or terminate the unlawful exercise of any franchise or disobedience to the terms hereof.
HISTORY: 1962 Code Section 58-936; 1952 Code Section 58-936; 1942 Code Section 8292-4; 1932 Code Section 8241; Civ. C. '22 Section 4805; Civ. C. '12 Section 3136; Civ. C. '02 Section 2061; 1894 (21) 811.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-780. Penalty for owning, leasing or operating competing lines.

Any railroad company owning, leasing or operating competing railroad lines within this State in violation of law shall be subject to a penalty of one hundred dollars for every day that such competing lines are owned, leased or operated, such penalty to be recovered in any court of competent jurisdiction in any county through which either of such competing lines may pass by any citizen thereof who may sue for it, one half of such penalty to go to the person suing therefor and the other half to the State. But the provisions of this section shall be without prejudice to any remedy which the State may be entitled to in its own behalf.
HISTORY: 1962 Code Section 58-936; 1952 Code Section 58-937; 1942 Code Section 8461; 1932 Code Section 8478; Civ. C. '22 Section 5014; Civ. C. '12 Section 3316; Civ. C. '02 Section 2210; 1897 (22) 492.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-910. Stock subscriptions.

For the purpose of raising the capital stock of any railroad company incorporated in this State it shall be lawful to open books of subscription at such times and places and under the direction of such persons as the incorporators may appoint. Such subscriptions to the capital stock may be made in land, money, bonds, machinery, materials and work, at such rates as may be agreed upon with the company.
HISTORY: 1962 Code Section 58-941; 1952 Code Section 58-941; 1942 Code Section 8262; 1932 Code Section 8207; Civ. C. '22 Section 4771; Civ. C. '12 Section 3106; Civ. C. '02 Section 2032; R. S. 1544; 1885 (19) 171.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-920. Time within which proxy must be executed.

No proxy executed by a stockholder of any railroad company shall be valid unless executed and dated within six months previous to the meeting at which it is issued.
HISTORY: 1962 Code Section 58-942; 1952 Code Section 58-942; 1942 Code Section 8268; 1932 Code Section 8213; Civ. C. '22 Section 4777; Civ. C. '12 Section 3112; Civ. C. '02 Section 2038; G. S. 1437; R. S. 1607; 1903 (24) 79.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-930. Access to lists of stockholders.

The Office of Regulatory Staff shall have, at all times, access to the list of stockholders of every corporation operating a railroad and may, in its discretion, at any time, cause the list to be copied, in whole or in part, for its own information or for the information of persons owning stock in such corporation.
HISTORY: 1962 Code Section 58-943; 1952 Code Section 58-943; 1942 Code Section 8292-26; 1932 Code Section 8287; Civ. C. '22 Section 4835; Civ. C. '12 Section 3159; Civ. C. '02 Section 2081; G. S. 1469; R. S. 1644; 1881 (17) 821; 1935 (39) 25; 2006 Act No. 318, Section 115, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-940. Application for examination of books.

On the application in writing of a director or of any person or persons owning one-fiftieth part of the entire paid-in capital stock of any corporation operating a railroad or the bonds or other evidences of indebtedness of the corporation equal in amount to one-fiftieth part of its paid-in capital stock, the Office of Regulatory Staff must make an examination into the books of the corporation.
HISTORY: 1962 Code Section 58-944; 1952 Code Section 58-944; 1942 Code Section 8292-25; 1932 Code Section 8286; Civ. C. '22 Section 4834; Civ. C. '12 Section 3158; Civ. C. '02 Section 2080; G. S. 1468; R. S. 1643; 1881 (17) 821; 2006 Act No. 318, Section 116, eff May 24, 2006.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-950. Liability of stockholders of certain corporations.

Every stockholder in a railroad corporation, created under the Constitution of 1868 and prior to the adoption of the Constitution of 1895, shall be jointly and severally liable to the creditors thereof in an amount, besides the value of his share or shares therein, not exceeding five per cent of the par value of the share or shares held by him at the time the obligation held by or the debt due the creditor was created; provided, that such obligation or debt shall have been payable within one year after it was created or incurred, and that proceedings to hold such stockholder liable therefor shall be commenced whilst he remains a stockholder therein or within two years after he shall have ceased to be such stockholder.
Persons holding stock in such company as executors, administrators or by way of collateral security shall not be personally subject to the liabilities of the stockholders under the foregoing provisions, but the persons pledging such stock shall be liable as a stockholder and the estates and funds in the hands of such executors or administrators shall be liable in their hands in like manner and to the same extent as the deceased testator or intestate or the ward or person interested in such trust fund would have been if they had respectively been living and competent to act and hold the stock in their own names.
HISTORY: 1962 Code Section 58-945; 1952 Code Section 58-945; 1942 Code Section 8266; 1932 Code Section 8211; Civ. C. '22 Section 4775; Civ. C. '12 Section 3110; Civ. C. '02 Section 2036; R. S. 1548; 1885 (19) 171.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1110. Powers and authority conferred by chapter additional.

The powers and authority conferred by this chapter are in addition to the powers and authority which any such railroad company may have by virtue of its charter or by virtue of the general laws of this State.
HISTORY: 1962 Code Section 58-951; 1952 Code Section 58-951; 1942 Code Section 8273; 1932 Code Section 8218; Civ. C. '22 Section 4782; 1915 (29) 539.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1120. General corporate powers.

Every such corporation may make such bylaws for its regulation and government in any and all matters whatsoever, not inconsistent with the Constitution and laws of the United States and of this State, as may be deemed necessary and may add to, alter or amend them from time to time as may be desired; may appoint all necessary officers and prescribe their duties; may sue and be sued and plead and be impleaded in any court in this State or in the United States; may accept, purchase, hold, lease or otherwise acquire any property, real or personal, necessary or convenient to, and for the purposes of, the corporation and may use, sell, convey and dispose of such property as the interest of the company may require; may make contracts; may have and use a common seal; and may do all other lawful acts properly incident to and connected with such corporation and necessary and convenient for the control and transaction of its business.
HISTORY: 1962 Code Section 58-952; 1952 Code Section 58-952; 1942 Code Section 8261; 1932 Code Section 8206; Civ. C. '22 Section 4770; Civ. C. '12 Section 3105; Civ. C. '02 Section 2031; R. S. 1543; 1885 (19) 172.
2023 South Carolina Code of Laws › Title 58 - Public Utilities, Services and Carriers › Chapter 17 - The General Railroad Law › Section 58-17-1130. Execution of mortgages; issuance of bonds.

Any such company may mortgage its property and franchises and issue bonds on such terms and conditions and for such purposes and uses of the corporation as the company may from time to time deem necessary.
HISTORY: 1962 Code Section 58-953; 1952 Code Section 58-953; 1942 Code Section 8262; 1932 Code Section 8207; Civ. C. '22 Section 4771; Civ. C. '12 Section 3106; Civ. C. '02 Section 2032; R. S. 1544; 1885 (19) 171.