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60   COMMISSION OF CONSERVATION

scribed. In other words, the above arrangement will remain in effect without further notice, unless and until said arrangement shall be changed by public notice under instructions issued by the Chief Fire Inspector of the Board.

  1. Notices under the above requirements shall be issued over the signature of a responsible official of the railway company, and the form of such notices shall be subject to the approval of the Chief Fire Inspector of the Board. Provision shall be made in the notice that the ploughing of these fire-guards shall be done in a workmanlike and efficient manner, and that where such guards do not connect with similar fire-guards on adjacent lands, the ends shall be turned in to the railway right-of-way.

  2. Your attention is called to the requirement of General Order No. 107, that " No such railway company shall permit its employees, agents, or contractors to enter upon land under cultivation, to construct fire-guards, without the consent of the owner or occupant of such lands," and that " Wherever the owner or occupant of such land objects to the construction of fire-guards, on the ground that the said construction would involve unreasonable loss or damage to property, the company shall at once refer the matter to the Board, giving full particulars thereof, and shall in the meantime refrain from proceeding with the work." Said Order also provides that " No agent, employee or contractor of any such railway company shall permit gates to he left open or to cut or leave fences down, whereby stock or crops may be injured, or do any other unnecessary damage to property, in the construction of fire-guards."

  3. Where the owner or occupant of grain stubble land is unwilling to undertake the construction of fire-guards in accordance with the above, the company will exercise its discretion as to whether it will make other arrangements for the ploughing of fire-guards or leave such lands unguarded. In case the owner or occupant will neither construct such fire-guards under the above requirement, nor permit such work to be done by an agent of the Company, the Company may either drop the matter of fire-guarding or make application to the Board for authority to enter upon such lands for the purpose of fire-guard construction over the protest of such owner or occupant.

  4. The construction of fire-guards is not required where, on ac-count of recent ploughing or the presence of a non-combustible crop, there is no danger of fire spreading and doing damage. Fire-guards are not required in standing grain crops.

  5. It is clearly understood that nothing contained in this letter, nor any action to be taken under it, shall be construed as in the slightest degree affecting the statutory responsibility of the Company for the payment of damage claims on account of fires.

 

(B). FENCED GRAZING LAND-1. This classification shall include fenced, uncultivated lands, which are occupied by owner or tenant or which are used for the purpose of grazing. Meadows and hay lands generally shall be construed as coming under this classification.


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