374 



Railway Fires Act, 1905. 



[SEPT., 



The penalties apply to persons who carry out the adulteration 

 and to those who expose or put on sale an adulterated product 

 or a product suitable for purposes of adulteration. Penalties are 

 also imposed for storing or keeping such products. 



Articles coming under the operation of this law are to be 

 confiscated, and the Court may order the destruction of any 

 condemned products to take place in front of the premises of the 

 culprit. The Court may also direct that a notice of the sentence 

 be published in the newspapers, and be placarded at the doors 

 of the premises for a period not exceeding seven days. 



This Act, which will not come into force till the 1st January, 



1908, provides that when damage is caused to agricultural land 



or to agricultural crops by fire arising from 



Railway Fires sparks or cinders emitted from any loco- 

 Act, 1905. ^ 



motive 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. 



The expression " agricultural land " includes arable and 

 meadow land and ground used for pastoral purposes or for 

 market or nursery gardens, and plantations and 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 (1) 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. 



Sub-section (2) provides that a railway company may, for 

 the purpose of preventing or diminishing the risk of fire thus 

 caused 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 shall not, without the consent of the owner, cut down 

 or injure any trees, bushes or shrubs. 



