notes and queries. 1 1 1 



Railway Fires Act, 1905.^ 



The following leaflet has been recently published by the 

 Board of Agriculture and Fisheries : — 



"The Board consider it desirable to draw the attention of 

 farmers and others to the provisions of the Railway Fires Act, 

 1905, which deals with damage by fires caused by sparks or 

 cinders from railway engines. 



" The Act, which came into operation on the ist January 1908, 

 provides that when damage is caused to agricultural land or to 

 agricultural crops by fire arising from sparks or cinders emitted 

 from any locomotive engine used on a railway, the fact that the 

 engine was used under statutory powers shall not affect liability 

 in an action for such damage, but this provision does not apply 

 in the case of any action unless the claim for damage is ;^roo 

 or less. 



"The expression 'agricultural land' includes arable and 

 meadow land and ground used for pastoral purposes or for 

 market or nursery gardens, and plantations, woods and orchards, 

 and also includes any fences on such land, but does not include 

 any moorland or buildings; and the expression 'agricultural 

 crops ' includes any crops on agricultural land, whether growing 

 or severed, which are not led or stacked. 



" Section 2 provides that a railway company may enter on 

 any land and do all things reasonably necessary for the purpose 

 of extinguishing or arresting the spread of any fire caused by 

 sparks or cinders emitted from any locomotive engine. 



" It also provides that a railway company may, for the purpose 

 of preventing or diminishing the risk of fire in a plantation, wood, 

 or orchard, enter upon any part of the plantation, wood, or 

 orchard, or on any land adjoining thereto, and cut down and 

 clear away any undergrowth, and take any other precautions 

 reasonably necessary for the purpose ; but they must not, without 

 the consent of the owner, cut down or injure any trees, bushes, 

 or shrubs. 



"A railway company exercising powers under this section must 

 pay full compensation to any person injuriously aff'ected by the 

 exercise of those powers, including compensation in respect of 

 loss of amenity. 



" The Act does not apply in the case of any action for damage 

 ^ Published by permission of the Controller of H.M. Stationery Office. 



