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Railway

company, engine and land

RAILWAY PIRES.—By the Railway Fires Act, 1905, the liability of a rail way in respect to fires caused by sparks is greatly extended. The Act provides that after the 1st of January 1908 where any damage is caused to agri cultural land or crops by fire, from sparks or cinders from an engine, the fact that the engine is used under statutory powers is not to affect the railway's liability in an action for the damage. If the engine belongs to one company running on another company's railway, either company is to be liable. If action is brought against the company working the railway, it is entitled to be indemnified by the company using the engine. But these provisions are not to apply where the claim exceeds £100. Extinction of railway company may enter upon any land and do everything necessary to extinguish or arrest any such fire. The railway company can, to prevent or diminish the risk of fire in a plantation wood or orchard, through sparks or cinders from an engine, enter them or the land adjoining thereto and cut down or clear away any undergrowth and take any other reasonable precautions, but they must not without the consent of the owner of them, cut down or injure any trees, bushes, or shrubs. The company is under an obligation, however, to pay full

compensation to any person injuriously affected by these Acts, including loss of amenity, and in case of difference such compensation is in England and Ireland to be fixed by two justices under the Lands Clauses Consolidation Act, 1845, and in Scotland by the Sheriff under the corresponding Act for Scotland. Notice of Claim.—This must be given with particulars of damage in writing, to 'the company within seven days of the damage for the claim, and fourteen days for the particulars. Under this Act "agricultural land," means arable, meadow, and pastoral land, market and nursery gardens, plantations, woods, and orchards, and any fences, but not moorland or buildings. "Crops " include all growing or severed, but not those led or stacked. " Railway " includes light railways and tramways worked by steam power.