(a) Whenever any railroad company in operation in this state is put into the hands of a receiver by any court in this state, it shall be the duty of the presiding judge to order the payments on account of the liabilities specified in Code Section 46-8-252 out of the income of the property available for that purpose, as soon as the amounts of the liabilities have been liquidated or, if disputed, have been judicially ascertained, without awaiting the final judgment in the cause.

(b) Whenever any railroad is seized by a trustee or other person otherwise than through the instrumentality of a court of justice, it shall be the duty of such person so seizing the railroad to pay the liabilities specified in Code Section 46-8-252 out of the first moneys arising from the operations of the road next after the payments due for wages of employees and other claims superior to the claims specified in Code Section 46-8-252. No such seizure by a trustee or other person, other than through a court of justice, shall have the effect of preventing proceedings against the railroad property, on the part of persons having any claims specified in Code Section 46-8-252, to collect and secure the same by due process of law.