Any person who causes more than five pounds of gunpowder, or any amount of dynamite or other dangerous explosive, to be transported upon water, by railroad, or otherwise shall have the word "Gunpowder," "Dynamite," or other name of the explosive marked in large letters upon each package so transported. Gunpowder, dynamite, or other dangerous explosive transported in violation of this Code section are declared contraband and shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.
(Laws 1831; Cobb's 1851 Digest, p. 850; Code 1863, §§ 1412, 1413; Code 1868, §§ 1469, 1470; Code 1873, §§ 1463, 1464; Code 1882, §§ 1463, 1464; Civil Code 1895, §§ 2291, 2292; Civil Code 1910, §§ 2745, 2746; Code 1933, § 18-317; Ga. L. 2015, p. 693, § 3-27/HB 233.)
The 2015 amendment, effective July 1, 2015, substituted "in violation of this Code section are declared contraband and shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9" for "in violation of said provision shall be liable to seizure and forfeiture by any officer who may execute a criminal warrant, under warrant for that purpose, issued by any officer who may issue such first-named warrants, one-half of the same to go to the informer, the other half to go to the military fund of the state, after public sale by order of the officer issuing the warrant, or one of like authority". See Editor's notes for applicability.
Cross references.- Penalty for carrying explosives aboard public transit bus or rapid rail car, § 16-12-120.
Transportation of motor fuel, § 48-9-9.
Editor's notes.- Ga. L. 2015, p. 693, § 4-1/HB 233, not codified by the General Assembly, provides: "This Act shall become effective on July 1, 2015, and shall apply to seizures of property for forfeiture that occur on or after that date. Any such seizure that occurs before July 1, 2015, shall be governed by the statute in effect at the time of such seizure."
Law reviews.- For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 1 (2015).
JUDICIAL DECISIONS
Cited in Simpson v. DuPont Powder Co., 143 Ga. 465, 85 S.E. 344, 1915E L.R.A. 430 (1915); Northwestern Mut. Life Ins. Co. v. Dean, 43 Ga. App. 67, 157 S.E. 878 (1931).
RESEARCH REFERENCES
Am. Jur. 2d.
- 13 Am. Jur. 2d, Carriers, § 307.
ALR.
- Liability for damages by explosives transported along highway, 31 A.L.R. 725; 44 A.L.R. 124.
Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.
Carrier's "public duty" exception to absolute or strict liability arising out of carriage of hazardous substances, 31 A.L.R.4th 658.
ARTICLE 9 GEORGIA RAIL PASSENGER AUTHORITY LAW
Cross references.
- Georgia Rail Passenger Authority Overview Committee, T. 28, Ch. 10.