RELATION TO HEATHER 103 



trees, frequently resulted, and still result, 

 from this cause, which was obvious enough. 

 But the railway companies were formerly 

 practically immune from liability for their 

 misdeeds, by pleading, first, that their 

 engines were used under statutory powers; 

 and second, that in such use every con- 

 trivance and reasonable precaution had 

 been brought to bear against the emis- 

 sion of sparks and incandescent cinders. 

 Further, the companies were not obliged 

 to prove this, the onus of proving the 

 contrary lying upon the injured party, 

 which, from the nature of the case, he 

 was almost invariably unable to do. The 

 law having, however, been altered by an 

 Act of Parliament, commonly called the 

 " Sparks " Act, which came into operation 

 on 1st January 1908, "to give compensa- 

 tion for damage caused by fires caused by 

 sparks or cinders from railway engines," 

 the railway companies can no longer claim 

 immunity. The Act says, section 1, sub- 

 section 1, "that the engine as used under 

 statutory powers shall not affect liability 



