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.
Structure South Carolina Code of Laws
Title 58 - Public Utilities, Services and Carriers
Chapter 17 - The General Railroad Law
Section 58-17-10. Definitions.
Section 58-17-20. Definitions applicable to all laws.
Section 58-17-30. Persons to whom chapter shall apply.
Section 58-17-40. Property to which chapter shall apply.
Section 58-17-50. Chapter applicable to trustees, receivers and the like.
Section 58-17-60. Effect of stock ownership, leases and contracts on application of chapter.
Section 58-17-70. Chapter amends charters granted since December 17, 1841.
Section 58-17-80. Benefit of process or proceedings; restrictions.
Section 58-17-90. General powers and duties of railroad companies.
Section 58-17-100. Contracts or combinations in violation of chapter shall be void.
Section 58-17-110. Mandamus to require compliance with law.
Section 58-17-120. Rules of evidence shall be same as in civil cases.
Section 58-17-130. Disposition of fines.
Section 58-17-140. Annual report of Commission with respect to railroads.
Section 58-17-150. Notification of needed repairs or improvements; legal action to enforce.
Section 58-17-160. Railroads shall not remove from towns of more than 500.
Section 58-17-170. General supervision of railroads; enforcement of chapter.
Section 58-17-190. Investigation of petitions of local governments; notice.
Section 58-17-320. Penalties for failure to reorganize.
Section 58-17-330. Reorganization provisions not applicable to certain sidetracks or spur tracks.
Section 58-17-350. Maximum amount of capital stock which may be named in certificate; increase.
Section 58-17-360. Persons signing certificate shall be body corporate; powers.
Section 58-17-370. Powers, rights and the like of corporation organized under article.
Section 58-17-380. Adoption of bylaws, rules and regulations by corporation.
Section 58-17-390. Amount of capital stock corporation may issue.
Section 58-17-410. Sinking fund.
Section 58-17-420. Charter subject to amendment, alteration or repeal by State.
Section 58-17-430. Certificate as evidence of incorporation.
Section 58-17-610. Merger or consolidation with continuous or connected railroad authorized.
Section 58-17-620. Procedure for consolidation.
Section 58-17-630. Consolidation fees.
Section 58-17-650. Procedure for assessment of damages of dissenting stockholder.
Section 58-17-660. Rights, duties and the like of consolidated corporation.
Section 58-17-670. Transfer of rights, liabilities and the like to consolidated corporation.
Section 58-17-690. Consolidated corporation shall establish offices.
Section 58-17-700. Liability of consolidated corporation to suits.
Section 58-17-710. Property of consolidated corporation subject to taxation.
Section 58-17-720. Consolidations and the like of competing railroads prohibited.
Section 58-17-730. Certain consolidations with companies of other states not authorized.
Section 58-17-760. Ownership of stock or bonds of connecting railroad or steamboat company.
Section 58-17-780. Penalty for owning, leasing or operating competing lines.
Section 58-17-910. Stock subscriptions.
Section 58-17-920. Time within which proxy must be executed.
Section 58-17-930. Access to lists of stockholders.
Section 58-17-940. Application for examination of books.
Section 58-17-950. Liability of stockholders of certain corporations.
Section 58-17-1110. Powers and authority conferred by chapter additional.
Section 58-17-1120. General corporate powers.
Section 58-17-1130. Execution of mortgages; issuance of bonds.
Section 58-17-1140. Certain mortgages shall secure certain previous bonds and other debts.
Section 58-17-1150. Acquisition of land and rights-of-way.
Section 58-17-1160. Acquisition of rights-of-way around tracks.
Section 58-17-1190. Relocation of lines and other changes in tracks and facilities.
Section 58-17-1210. Operation of sections of road completed or acquired.
Section 58-17-1310. Commission shall regulate crossings and culverts.
Section 58-17-1330. Railroad shall not obstruct highways at crossings.
Section 58-17-1340. Altering course of highway.
Section 58-17-1350. Crossing on level shall be protected.
Section 58-17-1360. County may authorize highway or town way to cross railroad.
Section 58-17-1370. Stock guards or cattle gaps shall be constructed.
Section 58-17-1380. Trains shall stop at crossings of railroad lines; exceptions.
Section 58-17-1390. Signs shall be maintained at crossings with public roads.
Section 58-17-1410. Commission may require flagman to be stationed at important crossings.
Section 58-17-1430. Railroad shall comply with orders as to crossings or flagmen.
Section 58-17-1440. Penalty and damages for injury at crossing not having required signals.
Section 58-17-1450. Railroad crossing safety requirements.
Section 58-17-1610. Filing of annual schedule and report.
Section 58-17-1630. List of names and residences of president and directors shall be filed.
Section 58-17-1640. Information to be furnished Office of Regulatory Staff on request.
Section 58-17-1650. Interrogatories.
Section 58-17-1670. Examination of agents and employees.
Section 58-17-1690. Penalty for failing to furnish reports or obstructing commission.
Section 58-17-1810. Extent of rate-making power.
Section 58-17-1820. Rates to which chapter not applicable.
Section 58-17-1830. Power of Commission over rates and routes.
Section 58-17-1840. Notice before establishment of joint rates; hearing.
Section 58-17-1850. Prescribing schedule of rates; schedules as evidence.
Section 58-17-1860. Copies of schedules shall be posted.
Section 58-17-1870. Annual publications of freight rates on watermelons and cantaloupes.
Section 58-17-1880. Revision of schedules.
Section 58-17-1890. Printed schedules shall be prima facie evidence.
Section 58-17-1900. Supervision of contracts concerning rates and division of earnings.
Section 58-17-1910. Procedure when contracts concerning rates violate chapter.
Section 58-17-1920. Use of mileage books.
Section 58-17-1930. Sale of interchangeable mileage shall be continued; family use.
Section 58-17-1940. Surcharge for intrastate Pullman transportation shall be unlawful.
Section 58-17-1950. Charge of unreasonable rates shall constitute extortion.
Section 58-17-1960. Unjust discrimination in rates unlawful.
Section 58-17-1970. Allowing or receiving rebate or other advantage shall be unlawful.
Section 58-17-1980. Charges to be in proportion to distance traveled and freight handled.
Section 58-17-1990. Discriminating rates shall be prima facie evidence of unjust discrimination.
Section 58-17-2010. Exceptions as to uniformity in freight charges.
Section 58-17-2020. Commission shall fix storage charges on freight.
Section 58-17-2030. Procedure for fixing or changing storage rates and charges.
Section 58-17-2040. Discrimination and excessive charges for storage prohibited.
Section 58-17-2050. Suit to recover for discrimination or excessive charges for storage.
Section 58-17-2060. Promulgation of reciprocal demurrage rules.
Section 58-17-2070. Consignee entitled to itemized statement of charges; correction of errors.
Section 58-17-2080. Consignee may require settlement according to contract.
Section 58-17-2090. Suit to recover charges in excess of legal rate.
Section 58-17-2100. Classification of cotton as "heavy goods"; weights.
Section 58-17-2220. Merchandise must be promptly forwarded according to directions.
Section 58-17-2320. Forfeiture of freight for failure to reweigh.
Section 58-17-2330. No demurrage or similar charge shall be made after demand for reweighing.
Section 58-17-2340. Common carriers shall maintain scales under certain conditions.
Section 58-17-2350. Jurisdiction over railroad track and platform scales; penalties.
Section 58-17-2510. Prompt loading and unloading of livestock required.
Section 58-17-2520. Information required to be furnished owners or shippers of livestock.
Section 58-17-2620. Railroads authorized to join tracks; expenses.
Section 58-17-2630. Condemnation when connecting switches are refused.
Section 58-17-2640. Facilities for interchange of traffic shall be furnished.
Section 58-17-2680. Connecting line may cross other tracks.
Section 58-17-2690. No discrimination between connections at same point.
Section 58-17-2700. Cars shall be transferred to connected track on demand; fees.
Section 58-17-2740. Shipper may designate routes; changing of route shall be unlawful.
Section 58-17-2750. Civil penalty on railroad for violation of certain statutory provisions.
Section 58-17-2760. Criminal penalty on individuals for violation of certain statutory provisions.
Section 58-17-2770. Discrimination in deliveries prohibited.
Section 58-17-2790. Discrimination in rates of freight as to other railroads prohibited.
Section 58-17-2800. "Railroad company chartered by this State" defined.
Section 58-17-2820. Refusal to pay freight to connecting carrier shall be unlawful.
Section 58-17-3010. Passenger trains shall stop at stations advertised as stops.
Section 58-17-3020. Passenger trains shall stop at county seats.
Section 58-17-3030. Connections with intersecting railroads; passenger train requirement.
Section 58-17-3040. Posting bulletins as to late trains.
Section 58-17-3050. Publishing change of timetable.
Section 58-17-3070. Accommodations for passengers.
Section 58-17-3080. Waiting rooms for passengers.
Section 58-17-3090. Requiring erection of depots.
Section 58-17-3100. Separate water closets shall be maintained at stations.
Section 58-17-3110. Railroads not required to have second-class coaches.
Section 58-17-3120. Installation of cinder deflectors or wire screens; enforcement of requirement.
Section 58-17-3130. Exemptions from requirements of cinder deflectors.
Section 58-17-3140. Use of baggage checks.
Section 58-17-3310. Certification of compliance of railroad or branch extension.
Section 58-17-3320. Safety devices shall be installed and used on direction of Commission.
Section 58-17-3330. Penalty for failure to obey orders of Commission regarding safety devices.
Section 58-17-3340. Brakes and brakemen.
Section 58-17-3350. Tools and appliances.
Section 58-17-3360. Electric hand lanterns.
Section 58-17-3370. Formation of passenger trains.
Section 58-17-3380. Warning boards shall be maintained near drawbridges and grade crossings.
Section 58-17-3390. Penalty for failure to erect or replace warning boards.
Section 58-17-3410. Shelter for employees in railroad shops or yards.
Section 58-17-3420. Construction and maintenance of bridges.
Section 58-17-3430. Railroads shall keep grade at stations level with track.
Section 58-17-3440. Notice of accidents.
Section 58-17-3450. Investigation of causes of accidents.
Section 58-17-3460. Transportation to accident site.
Section 58-17-3610. Police powers of conductors and station agents.
Section 58-17-3620. Ejection of disorderly passenger from train.
Section 58-17-3630. Badges shall be worn by employees.
Section 58-17-3710. "Common carrier" defined.
Section 58-17-3730. Effect of contributory negligence.
Section 58-17-3740. Assumption of risk.
Section 58-17-3750. Any exemption from liability under article shall be void.
Section 58-17-3760. Survival of right of action.
Section 58-17-3770. Limitation of actions.
Section 58-17-3790. Punitive damages.
Section 58-17-3800. Article shall be cumulative.
Section 58-17-3910. Liability to landowners for damages for wrongful obstruction of watercourses.
Section 58-17-3920. Liability for damage caused by fire.
Section 58-17-3930. Penalty for failure to obey orders of Commission.
Section 58-17-3960. Suits under foregoing section shall be brought within twelve months.
Section 58-17-3970. Acts declared unlawful shall be prohibited.
Section 58-17-3980. Damages and penalty for unlawful acts where no specific penalty provided.
Section 58-17-3990. Action under foregoing section shall be subject of equity jurisdiction.
Section 58-17-4000. Limitation of action.
Section 58-17-4020. Penalty for violation of chapter by individuals.
Section 58-17-4030. Penalty for injury due to negligence or carelessness.
Section 58-17-4040. Penalty for gross carelessness or negligence.
Section 58-17-4050. Penalty for injury due to wilful violation.
Section 58-17-4060. Common carriers shall not interfere with contracts of shipment.
Section 58-17-4070. Liability of common carriers interfering with contracts of shipment.
Section 58-17-4090. Penalty for obstruction of railroad.
Section 58-17-4096. Trespassing upon railroad tracks.
Section 58-17-4100. Penalty for shooting or throwing at trains.
Section 58-17-4110. Penalty for loitering in or about station houses.
Section 58-17-4120. Certain persons shall be deemed agents of railroad corporation.
Section 58-17-4140. Collection of fines and penalties.
Section 58-17-4150. Persons against whom judgments shall be rendered.
Section 58-17-4160. Procedure for attachment of cars and engines which are in use.
Section 58-17-4170. Forfeiture of charter for repeated violations of law.
Section 58-17-4180. Request or advice of Commission shall not impair legal duties of railroad.