LEGAL PROTECTION AGAINST BUSH FIRING.

New Zealand Mail, Issue 54, 3 February 1872, Page 9

LEGAL PROTECTION AGAINST BUSH FIRING.

[to THE EJDITOE OF THE NEW ZEALAND MAIL ] Sin, —I wish to call your attention to a very serious defect in our laws, which is fraught with the greatest danger to the general public, viz, the not taking cognisance of persons setting fire to bush within the vicinity of settlements. We have had instances in this district of these occurrences yearly, and generally ending with the destruction of several unfortunate hard working mens’ homesteads. It appears so utterly incomprehensible that the Legislature has not made provision for such cases, especially as the law relating to arson is justly severe enough, and, in my opinion, this is arson under another form. Under existing laws a whole settlement is at the mercy of a siugle individual who may have a few acres of timber to clear off his land; he, in the I generality of cases, does not consider the ( imminent danger of his neighbors’ lives and properties. I will mention two instances that occurred in Greytown last week. A person set fire to his bush, situated within a few chains of the main road, (As the district is suffering from extreme drought one can imagine the consequence.) The fire spread rapidly, and placed the whole town in danger, its fate depending entirely on the course of the wind. Luckily it blew favorably, or else it would have shared the same fate as Carterton ; but it caused a great deal of anxiety and care to the majority of the settlers, who had to keep a strict watch day and night, while well known parties whose bush adjoins those pretending to deprecate the action of the above mentioned individual, fired their bush in several places, thereby encircling the whole town with dense smoke and flames,

and it was only by great exertions that Messrs Fabians and Ticeliurst’s houses were saved. Through a similar cause, nearly the whole of Carterton is in ruins. Sir, lam sure you will confer a great boon upon all the settlers by i drawing the attention of the authorities to the existing state of things; although I have been informed that a victim from these fires can bring an action against its originator, and recover damages. But the difficulties are manifold. In the first place, a person burnt out is not in a position to engage in an expensive law suit, ; secondly, it is so difficult to prove the. author of a bush fire; and if proven against any one, in the majority of cases they are poor, and just commencing to clear their lands. It would therefore merely prove the old adage of going to law with a beggar and gaining, &c., or if the burner should happen to be a man of means he will avail himself of the benefits of the Bankruptcy Court, and thus defeat, the just claims of his victim. But a law should be passed making the setting on fire of bush in close proximity to settlements a misdemeanor, punishable with fine and imprisonment; also distinctly stating the exact time allowable to clear bush lands under certain restrictions, viz.—on no account', to set lire to standing bush (as it is then beyond control). The giving due notice to neighbors, and to be prepared with means °f preventing the fire spreading and to ensure the faithful observance of the said act to still hold those liable for any damage that may occur. Such a law would be a protection to the public at large, and no hardship to owners of biuh land requiring clearing. I am, &c., Justice. (-Treytown, January 25.