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RAILWAY FIRES ACT 1905

RAILWAY FIRES ACT 1905 - LONG TITLE

An Act to give Compensation for Damage by Fires caused by Sparks
or Cinders from Railway Engines.{1}
[4th August 1905]
Liability of railway companies to make good damage to crops by
their engines.

RAILWAY FIRES ACT 1905 - SECT 1

1.(1) When. ... damage is caused to agricultural land or to
agricultural crops, as in this Act defined, by fire arising from
sparks or cinders emitted from any locomotive 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.

(2) Where any such damage has been caused through the use of an
engine by one company on a railway worked by another company,
either company shall be liable in such an action; but, if the
action is brought against the company working the railway, that
company shall be entitled to be indemnified in respect of their
liability by the company by whom the engine was used.

(3) This section shall not apply in the case of any action for
damage unless the claim for damage in the action does not exceed
[two hundred pounds].

RAILWAY FIRES ACT 1905 - SECT 2
Powers for extinction and prevention of fire.

2.(1) 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.

(2) A railway company may, for the purpose of preventing or
diminishing the risk of fire in a plantation, wood, or orchard
through sparks or cinders emitted from any locomotive engine, 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 of the plantation,
wood, or orchard, cut down or injure any trees, bushes, or shrubs.

(3) A railway company exercising powers under this section shall pay
full compensation to any person injuriously affected by the exercise
of those powers, including compensation in respect of loss of
amenity, and any compensation so payable shall, in case of
difference, be determined in. Ireland by two justices in manner
provided by section twenty-four of the Lands Clauses Consolidation
Act, 1845, ....

S.3 rep. by 1923 c.27 s.3

RAILWAY FIRES ACT 1905 - SECT 4
Definitions and application.

4. In this Act

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;

The expression "agricultural crops" includes any crops on agricultural
land, whether growing or severed, which are not led or stacked;

The expression "railway" includes any light railway and any tramway
worked by steam power.

This Act shall apply to agricultural land under the management of
the Commissioners of Woods, and to agricultural crops thereon.

RAILWAY FIRES ACT 1905 - SECT 5
Short title.

5. This Act. ... may be cited as the Railway Fires Act, 1905.