TITLE 52 WATERS OF THE STATE, PORTS, AND WATERCRAFT

Section 6. Pilots and Pilotage, 52-6-1 through 52-6-54.

ARTICLE 2 PILOTS GENERALLY

52-6-42. Appeal to superior court - Generally.

In any case where a pilot is suspended or the pilot's license is revoked or where a fine exceeding $150.00 is imposed by the commissioners on a pilot or any other person, the pilot or other person concerned may petition the judge of the superior court of the county where the judgment or sentence of the commissioners was made, setting forth on oath the circumstances of the case. A copy of the petition shall be served upon the chairperson or secretary of the commissioners at least three days before the petition is presented and the commissioners shall be entitled to be heard as to whether there is sufficient ground for the allowance of an appeal. If the judge of the superior court should think there is sufficient ground for the allowance of an appeal, such judge shall issue an order directing an issue to be made between the appellant and the commissioners, which issue shall be tried by a jury at the next term of the superior court, unless good cause is shown for a continuance. If, at the trial, a verdict should be rendered in favor of the appellant, the judge of the superior court shall order that the fine be remitted, that the suspension be canceled, or that the license be restored. Either the appellant or the commissioners may move the court for a new trial and may appeal to the Court of Appeals from the court's order entered upon the motion, as is provided by law in cases of appeal from orders granting or refusing a new trial in common-law cases.

(Laws 1830, Cobb's 1851 Digest, p. 43; Code 1863, § 1481; Code 1868, § 1538; Code 1873, § 1532; Code 1882, § 1532; Civil Code 1895, § 1680; Civil Code 1910, § 1926; Code 1933, § 80-206; Ga. L. 1945, p. 279, § 20; Ga. L. 1995, p. 846, § 7.)