ii 
NOTE ON ‘* THE RAILWAY FIRES ACT, 1905.” 73 
IX. Wate on “The Railway Fires Act, 1905.” 
By the Hon. EpIror. 
In paragraph 31 of the Report of the Departmental Committee 
on Forestry, 1902, it was stated that “‘some adequate security 
against the raising of fires by sparks from railway-engines seems 
equally feasible and desirable. It is not necessary to dwell 
further upon this subject than to urge the desirability of some 
such Bill becoming law at the earliest opportunity.” 
This recommendation has been given effect to by the introduc- 
tion of a Bill on 3rd March 1905, providing for compensation 
for damage to crops, which became an Act on 4th August 1905, 
and is to be known by the short title of ‘The Railway Fires Act, 
1905,” although it does not come into operation until rst January 
1908. 
It is a short Act of five Sections, which may be summarised as 
follows :— 
SECTION 1.—Railway companies are liable to make good the damage to 
crops caused by sparks or cinders from their engines, notwithstanding ‘‘ the 
fact that the engine was used under statutory powers”; but ‘‘this Section 
shall not apply in the case of any action for damage unless the claim . . . does 
not exceed £100.” 
SECTION 2.—A railway company may enter land to extinguish and arrest 
the spread of fire caused by sparks or cinders, and may enter plantations, 
woods, etc., “and cut down and clear away any undergrowth, and take any 
other precautions reasonably necessary for the purpose; but they shall not, 
without the consent of the owner, . . . cut down or injure any trees, bushes, 
or shrubs. A railway exercising powers under this Section shall pay full 
compensation to any person injuriously affected by the exercise of these powers, 
including compensation in respect of amenity.” 
SECTION 3.—‘‘ This Act shall not apply in the case of any action for 
damage by fire brought against any railway company unless notice of claim 
and particulars of damage, in writing, shall have been sent to the said railway 
company within 7 days of the occurrence of the damage as regards the notice 
of claim, and within 14 days as regards the particulars of damage.” 
SecTION 4.—For the purposes of this Act, ‘‘agricultural land” includes 
land used for ‘‘ plantations and woods, and . . . fences on such land, but does 
not include any moorland or buildings”; and ‘‘agricultural crops” include 
‘*any crops on agricultural land, whether growing or severed, which are not 
led or stacked,” while ‘‘ the expression railway ” includes any light railway and 
any tramway worked by steam power.” 
SECTION 5.—‘‘ This Act shall come into operation on Ist January 1908. . . . 
” 
