1914-15 DEPARTMENT OF LANDS, FORESTS AND MINES. 73 



to make returns of the names of fire-rangers in its employ 

 in the performance of the above duties, and at the places or 

 areas in which they are from time to time engaged. For 

 the purpose of fighting and extinguishing fires, the said fire- 

 rangers may follow the fires which spread from the railway 

 to, over, and upon the lands to which they may spread. 



269. The Board may make regulations : — ■ 



(&) Providing that coal shall be used on all locomotives instead 

 of wood in any district; and 



(c) Generally providing for the protection of property, and the 

 protection, safety, accommodation and comfort of the public, 

 and of the employees of the company, in the running and 

 operating of trains by the company. 



297. The company shall at all times maintain and keep its right- 

 of-way free from dead or dry grass, weeds and other unnecessary com- 

 bustible matter. 



Whenever damage is caused to any property by a fire started 298 (En- 

 by any railway locomotive, the company making use of such locomotive, |ec? 298* of 

 whether guilty of negligence or not, shall be liable for such damage, p^J^°^p^^ 

 and may be sued for the recovery of the amount of such damage in other legis- 

 any court of competent jurisdiction; Provided that, if it be shown repealed, 

 that the company has used modern and efficient appliances, and has chap!^22 

 not otherwise been guilty of any negligence, the total amount of com-i^n)- 

 pensation recoverable from the company under this section in respect 

 of any one or more claims for damage from fire or fires started by 

 the same locomotive and upon the same occasion, shall not exceed five 

 thousand dollars; provided also that if there is any insurance existing 

 on the property destroyed or damaged the total amount of damages 

 sustained by any claimant in respect of the destruction or damage of 

 such property shall, for the purposes of this subsection, be reduced 

 by the amount accepted or recovered by or for the benefit of such 

 claimant in respect of such insurance. No action shall lie against 

 the company by reason of anything in any policy of insurance or 

 by reason of payment of any moneys thereunder. The limitation 

 of one year prescribed by section 306 of this Act shall run from the 

 date of final judgment in any action brought by the assured to recover 

 such insurance money, or, in the case of settlement, from the date of 

 the receipt of such moneys by the assured, as the case may be. 



2. The compensation, in case the total amount recovered therefor 

 is less than the claims established, shall be apportioned amongst the 

 parties who suffered the loss, as the court or judge may determine. 



3. The company shall have an insurable interest in all property 

 upon or along its route, for which it may be held liable to compensate 

 the owners for loss or damage by fire caused by a railway locomotive, 

 and may procure insurance thereon in its own behalf. 



