set, fire to any woods, brush, logs, leaves, grass, or clearing upon 

 their own land, unless they have previously taken all possible care 

 and precaution against the spread of such fire to other lands not 

 their own, by previously having cut and piled the same, or carefully 

 cleared around the land which is to be burned, so as to prevent the 

 spread of such fire. The setting of fire contrary to the provisions 

 of this section, or allowing it to escape to the injury of adjoining 

 lands, shall be prima facie proof of wilfulness or neglect, and the 

 land owners from whose land the fire originated shall be liable in 

 "a civil action for damages for the injury resulting from such fire, and 

 also for the cost of fighting and extinguishing the same. 



SECTION 25. 



Liability to State or county for damage by fires, and expenses. 



All individuals and corporations causing fires by violation of any of 

 the provisions of this act shall be liable to the State or county in 

 which the fire occurred for all damages the State or the county may 

 sustain by such fire or fires, and, in addition thereto, to the full 

 amount of all expenses incurred by the State or county in fighting or 

 extinguishing said fire. 



SECTION 28. 



Jurisdiction in cases of prosecution State's attorney to prosecute. 



Justices of the peace for this State, in the county wherein the 

 offense shall have been committed, shall have the jurisdiction to 

 hear and determine all prosecutions for the purpose of enforcing 

 fines and penalties collectable under the provisions of this act, not 

 exceeding the amount of one hundred dollars, and of holding the 

 offender, under proper bail if necessary, for hearing before the cir- 

 cuit court, and committing him to the county jail until hearing, if 

 the required bail is not furnished. It shall be the duty of the Com- 

 monwealth's attorney of the several counties to prosecute all vio- 

 lators of this act. 



(3) RAILROAD FIRES. 



(This sub-division comprises the provisions of law, if any, defining 

 the responsibility of, the precautions to be taken by, and the liability 

 for damages occasioned by railroad and logging companies in the 

 operation and maintenance of their trains and rights of way; also 

 provisions concerning the use of spark arresters and other safe- 

 guards on traction, thrashing, other portable and saw-mill engines, 

 and boilers.) 



SECTION 1294D, CODE, 1904. 



Spark arresters on locomotives; penalty. (18) No railroad com- 

 pany doing business in this State shall run on its road any locomo- 

 tive not having an approved spark arrester. Every company violat- 

 ing the provisions of this section shall be fined ten dollars for 

 each offense, and each day of running such locomotive shall be 

 deemed a separate offense.* 



*Note. The wording of this subdivision (18) is identical with 

 that of Section 1264 (derived from an earlier act contained in the 

 volume of Session Laws of 1883-4, p. 704). 



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