i62 THE RABBIT 



that a hedge is always presumed to belong to the 

 person in whose field the ditch is ?iot ; the reason 

 being that the person who makes a hedge bank 

 by cutting a ditch must throw up the soil on his own 

 land, and not on his neighbour's ; he thus becomes 

 the owner of the hedge. If there are two ditches, 

 one on each side of a hedge, the ownership of the 

 hedge will depend on the past exercise of rights over 

 it, or the liability to repair it. 



It often happens that a poacher, with a view to 

 avoid a charge of trespass, confines his operations to 

 one side or the other of a high road, along which he 

 may pretend to be walking quietly if disturbed. It 

 is well to remember, therefore, that a highway (sub- 

 ject to the right of the public to use it for all usual 

 and lawful purposes) is deemed to be land in the 

 possession of adjoining owners and occupiers, and 

 therefore a poacher under such circumstances may be 

 treated as if he were a trespasser on the adjoining 

 land. Moreover, if he is using a gun for shooting 

 through the hedge, he may not only be prosecuted 

 for tres|5ass in pursuit of game, but may be summoned 

 under Section 72 of the Highway Act (5 & 6 Will. 

 IV, cap. 50) for discharging a gun within fifty feet from 

 the centre of the highway. By shooting from a high 

 road a trespass is committed as if the shooter had 



