i62 THE RABBIT 



that a hedge is always presumed to belong to the 

 person in whose field the ditch is not ; 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 la^\ful 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 trespass 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 highwa}-. By shooting from a high 

 road a trespass is committed as if the shooter had 



