Careless Use of Fire Prevention Act 1866 No 8a (NSW)

No. XXI.

An Act for prevent ing the careless use of Fire.

1. I f any person shall except as hereinafter ment ioned ign i te or use or car ry w h e n igni ted any inflammable ma te r i a l w i th in t w e n t y yards of any growing crops or s tacks of corn pulse or h a y or wi th in t h r e e ya rds of any s tubble field or grass l and a n d the reby t h e p roper ty of any o ther person shall be injured or destroyed he shal l forfeit a n d pay for every such offence any sum of money no t exceeding fifty pounds or be imprisoned wi th or wi thou t ha r d labor for any period n o t exceeding t h r e e m o n t h s or if any person shall except as hereinaf ter men t ioned leave any fire which he m a y have l igh ted or used in t h e open air before t he same be tho rough ly ex t inguished he shall forfeit a n d pay for every such offence any s u m of money no t exceeding t e n pounds

[7th April, 1866.]

WH E R E A S grea t danger a n d ough t to be res t ra ined Be i t therefore

t h e reckless a n d negl igen t use of E i re is a t tended wi th

enac ted by the Queen ' s Mos t Exce l l en t Majesty by and wi th t he advice and consent of t h e Legis la t ive Counci l and Legislat ive Assembly of N e w Sou th W a l e s in P a r l i a m e n t assembled a n d b y t h e au thor i ty of t h e same as follows :—

pounds or bo impr isoned for any period no t exceeding one m o n t h Prov ided t h a t i t shall be lawful for the occupier of any land to b u r n any s t raw s tubble grass or herbage or to igni te a n y wood or o ther inf lammable mater ia l on such land after he shall have cleared of inf lammable substance a space of land a round t h e s t raw s tubble grass or herbage in tended to be b u r n t or wood or o ther inf lammable mate r ia l in tended to be igni ted of no t less t h a n fifteen feet in b read th and after h e shall have given to t he occupier of all l and cont iguous to t h e land from or on which the s t raw s tubble grass or herbage is in tended to be b u r n t or inf lammable mater ia l to be igni ted not ice in wr i t ing a t

least twenty-four hou r s before b u r n i n g or igni t ing as aforesaid of t h e

t ime a t which i t is his in ten t ion so to b u r n or igni te	Provided fur ther
t h a t i t shall be lawful for t he occupier	of any grass lands be tween t h e
hou r s of seven of t h e clock in t he forenoon and n ine of t h e clock	in
t h e af ternoon to b u r n off any grass or herbage from	any such l and in

h i s occupat ion after giving t h e l ike not ice in wr i t ing as hereinbefore directed of his in ten t ion so to do to t h e occupiers of all l and con­ t iguous to t he land from which t h e grass or herbage is in tended to

be burned .

2. I f t h e occupier of any land shal l clear t h e same of inf lammable mater ia l s f o r t h e space of fifteen feet from any fence dividing such l and from the l and of any o ther owner or occupier a n d such o ther o w n e r or occupier shall neglect or omit so to clear his l and a n d any damage from fire shall happen to such dividing fence t h r o u g h such neglect or omission t h e owner or occupier so neglec t ing or omi t t ing to clear shal l a t h is own costs and charges cause such fence to be repa i red and re-erected wi th in t he space of one m o n t h after t h e same s h a l l have been so damaged and in case he shall refuse or omit t o repair or re-erect t h e same fence wi th in such space of one m o n t h i t shall be l a w f u l for t he o w n e r or occupier of t h e l and cont iguous to t he said fence who shall have cleared t h e same of inf lammable mater ia l as aforesaid to repai r or re-erect such dividing fence A n d all sums of money which shall or m a y be so expended or laid out u n d e r t h e pro­ visions of th i s Ac t shall be deemed a n d t aken to be money paid to t h e use of t h e owner or occupier in default .

3 . A l l offences unde r t h e first section of th i s A c t m a y be prose­

cuted for and adjudicated upon in a s u m m a r y way before any one or

more Jus t i ce or Jus t i ces of t he Peace .

4. I t shall be lawful for a n y person whomsoever to apprehend

any person who shall be found commi t t ing any offence against any of

t h e provisions of th i s A c t and to convey or deliver h i m to some con­	stable or o ther peace officer in order to his be ing conveyed as soon
as convenient ly may be before a Jus t i ce of the Peace to be dealt wi th according to law.
5. I f any person liable to be apprehended u n d e r t h e provisions of th i s Ac t shall oppose resist or assaul t any person ac t ing in execut ion of any of t h e provisions of th is A c t every such offender shal l be gui l ty of a misdemeanor and being convicted thereof shall be liable to be fined or to be imprisoned wi th or wi thout h a r d labor for any t e r m n o t
exceeding six m o n t h s .

6. N o t h i n g in th i s A c t conta ined shal l t ake away or interfere

or be cons t rued to t ake away or interfere Avith t he r i gh t of any person to sue for and recover a t common law or otherwise compensat ion for or in respect of any damage or in jury occasioned by t h e reckless or neg l igen t use of fire.

7. N o proceedings u n d e r th i s Ac t shall be quashed for w a n t of

form or removed by certiorari or otherwise in to t h e Supreme Cour t .

8. A n y person ordered or adjudged to pay any fine pena l ty or

forfeiture of t en pounds and upwards or to be impr isoned who shall

feel

feel himself aggr ieved by t h e Jus t i ce or Jus t i ces adjudicat ing or	before
w h o m he was convicted m a y appeal from any such j u d g m e n t	or con­
vict ion to t h e n e x t Cour t of Genera l Sessions of t h e Peace which	shal l

be ho lden neares t to t h e place where such j u d g m e n t or convict ion

shal l have been given or m a d e and the execut ion of every such j u d g ­ m e n t or convict ion so appealed from shall be suspended in case such person shall w i t h one or more sufficient sure ty or suret ies immedia te ly before such Jus t i ces en te r in to a recognizance to H e r Majesty H e r H e i r s and Successors in t he pena l s u m of double t h e a m o u n t of such fine pena l ty or forfeiture or in case of impr i sonment i n such s u m as such J u s t i c e or Jus t ices m a y direct wh ich recognizance such Jus t i ces a r e hereby author ized and requ i red to t ake a n d such recognizance shal l be condit ioned to prosecute such appeal w i t h effect and to be forth­ coming to abide t h e de te rmina t ion of t h e said Cour t of Genera l Sessions and to pay such costs as t h e said Cour t shall award on such occasion a n d such Cour t of Genera l Sessions is hereby author ized a n d requi red to hear a n d de te rmine t h e m a t t e r of t h e said appeal a n d t h e decision

of such Cour t shall be final be tween t h e par t ies to al l in ten t s	and
purposes .