Whoever carelessly sets on fire any forest land, brush land, grain stubble, grass or other combustible material being or growing on lands neither belonging to such person nor in such person’s possession or control, or for any purpose whatsoever sets a fire on such person’s own land or lands in such person’s possession or control, and negligently allows said fire to escape from such person’s control, to the damage of the property of another, shall be fined not less than $100, nor more than $500. Nothing in this title shall prohibit an owner from setting a backfire on the owner’s own land to prevent the progress of a fire then burning.

72 Del. Laws, c. 235, § ?2; 70 Del. Laws, c. 186, § ?1;