AMERICAN BEE JOURNAL, 



781 



regarded that the owner of the soil upon 

 which the bees may be found is the possessor 

 thereof. While the rights to unimals f'-rn 

 iiftiurir, as between the owner of the soil and 

 others, have been fairly settled by a consider- 

 able series of eases, the relative rights of par- 

 ties, both of whom acknowledge the superior 

 rights of the owner of the soil, seem never to 

 have been precisely described. But in a re- 

 cent Rhode Island case (llfjriith v. ''""« 15 R. 

 I., :i")). the plaintiff, without permission, 

 placed a hive of bees ui)on the land of a 

 third person. The defendant, also a tres- 

 passer, removed the bees and honey which 

 had collected in the hive. The court found 

 that there was no cause of action, holding 

 that neither plaintiff nor defendant had any 

 title or right to possession to the bees or to 

 the honey. It needs scarcely follow that a 

 trespasser can not maintain, on the basis of 

 mere possession, an action against a later 

 trespasser. There may be some possible 

 doubt in a case of this kind where a person 

 has reduced the bees to possession by collect- 

 ing the bees in a hive, and left them tem- 

 porarily on the land or another; and if so it 

 would seem to give him actual physical pos- 

 session sufficient for an action against one 

 who removed them. But about the honey 

 which the bees had collected while on the 

 soil of a third person, there would be less 

 doubt : but. strange to say, in no case which 

 we have examined does the question seem to 

 have been discussed, much less decided, as to 

 how far the law of animals and beesjei-cewitiine 

 applies to their produce, such as eggs or 

 honey. The reason on which the law about 

 the animals is founded is wholly inapplica- 

 ble to the honey ; but the Rhode Island case 

 tacitly assumes that no distinction is to be 

 drawn. Hence, as a dictum, it would appear 

 that the honey, at least, belonged to the 

 owner of the soil. 



Bees are likened unto wild animals belong- 

 ing to no one so long as they are in their 

 wild state, and property in them is acf]uired 

 by occupancy, hiving, and reclaiming only, 

 and are not the subject of larceny unless they 

 are in the owner's custody, as in a hive, bee- 

 house, or otherwise confined, and within the 

 control of the possessor or owner. — R. D. 

 FisuEK. in (ileanings in Bee-Culture. 



Fair Honey Crop. 



In our locality we have very changeable 

 ■weather in winter -from extremely cold to 

 ■warm. We seldom have over one week that 

 bees do not tly, if left on the summer stands. 

 There has always been acjuestion in my mind 

 whether it would be an advantage to winter 

 bees in a cellar under such conditions or not. 

 Our honey crop was fair the latter part of the 

 season. Bee-keepers in this locality do not 

 read bee-papers; one reported foul brood, 

 which, on inquiry, proved to be brood in the 

 supers. C. W. Sxyper. 



Garfield Co., I'tah, Nov. -.'ii. 



Bees Worked on Stpawberries. 



I was very busy the jiasl summer, in fart. I 

 lielieve I never worl<ed harder in my life; 

 but it has been a good year for me. I haii 

 ■StOO worth of strawberries, and they were 

 nice, big ones, and tine flavored — should have 

 liked a visit from you in June. My bees did 

 fairly well, but I did not have time to attend 

 to them at the proper time. My best colony 

 filled 10 fraraesand .55 sections, I doubled up 

 two colonies in lU-frarae dovetailed hives, put 

 two supers between, and afier reducing them 

 for winter I tried to weigh the hive, but my 

 scales weigh only 00 pounds, and I put a 

 brick on for a weight besides, and as this 

 ■would not weigh them I think they are all 

 right for winter. My lightest colony weighs 

 47 pounds, being the only colony my scales 

 will weigh, so I do not think I will have to 

 feed for this winter. Basswood bloomed very 



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