Section 9. Whoever, in a town which accepts this section or has accepted corresponding provisions of earlier laws, sets a fire on land which is not owned or controlled by him and before leaving the same neglects to entirely extinguish such fire, or whoever wilfully or negligently sets a fire on land which is not owned or controlled by him whereby property is endangered or injured, or whoever wilfully or negligently suffers a fire upon his own land to escape beyond the limits thereof to the injury of another, shall be punished by a fine of not more than one hundred dollars or by imprisonment in jail for not more than one month, or both, and shall also be liable for all damages caused thereby. Such fine shall be equally divided between the complainant and the town. This section shall not apply to cities.