804                                        LAWS OF MARYLAND                             [ch. 4

vehicles code, subtitle 17. The final
clause has been transferred to section
5-704 (c). The only other changes made are
in style.

5-704. MALICIOUSLY SETTING FIRES; NEGLIGENTLY SETTING
FIRES; DUTY TO REPORT FIRE.

(A)    MALICIOUSLY SETTING FIRES.—ANY INDIVIDUAL
OR CORPORATION THAT WILLFULLY, MALICIOUSLY, OR WITH
INTENT, SETS ON FIRE, OR CAUSES TO BE SET ON FIRE, ANY
WOODS, BRUSH, GRASS, GRAIN, OR STUBBLE, ON LAND NOT
HIS OWN, IS GUILTY OF A MISDEMEANOR AND UPON
CONVICTION IS SUBJECT TO A FINE NOT LESS THAN $25 NOR
EXCEEDING $2,000, OR IMPRISONMENT FOR NOT LESS THAN 30
DAYS NOR EXCEEDING FIVE YEARS, OR BOTH WITH COSTS
IMPOSED IN THE DISCRETION OF THE COURT.

REVISOR'S NOTE: This subsection presently appears
as Article 66C, section 352 of the Code.
The present statutory penalty is retained
rather than the uniform one as done in
subsection (b) in order to distinguish
between malicious and negligent conduct.
For an explanation of the penalty provision
provided for in this subsection, see the
revisor's note to section 5—1301. The only
other changes made are in style.

(B)   NEGLIGENTLY SETTING FIRES.—AN INDIVIDUAL OR
CORPORATION MAY NOT CARELESSLY OR NEGLIGENTLY SET ON
FIRE, OR CAUSE TO BE SET ON FIRE ANY WOODS, BRUSH,
GRASS, GRAIN, OR STUBBLE RESULTING IN DAMAGE TO THE
PROPERTY OF ANOTHER. SETTING A FIFE CONTRARY TO THE
PROVISIONS OF THIS SUBSECTION, OR ALLOWING IT TO
ESCAPE TO THE INJURY OF ADJOINING LANDS, IS PRIMA
FACIE PROOF OF CARELESSNESS OR NEGLECT WITHIN THE
MEANING OF THIS SUBSECTION. THE LANDOWNER FROM WHOSE
LAND THE FIRE ORIGINATED ALSO IS LIABLE IN A CIVIL
ACTION FOR DAMAGES FOR INJURY RESULTING FROM THE FIRE,
AND FOR THE COST OF FIGHTING AND EXTINGUISHING THE
FIRE, UNLESS HE CAN PROVE TO THE SATISFACTION OF THE
COURT BEFORE WHICH THE CASE IS TRIED THAT THE INJURY
COMPLAINED OF WAS SUFFERED WITHOUT ANY NEGLIGENCE ON
THE PART OF THE OWNER OR HIS AGENTS.

REVISOR'S NOTE: This subsection presently appears
as the first part of Article 66C, section
353 of the Code. Reference to justice of
the peace is proposed for deletion as
obsolete in light of the abolition of that