22. Mines under highways.

22.     Mines under highways.

Prima facie, mines1 situate beneath a highway are owned by the owners of the land adjoining the highway on either side, the point of division being the centre of the road2. The presumption is a deduction from the doctrine that a conveyance of land bounded by a highway passes the soil of a moiety of the highway3. The presumption does not apply in the case of a railway4 or canal5. Nor does it apply to a road set out under an Inclosure Act; in this case the