818 



GLEANINGS IN BEE CULTURE. 



Oct. 15 



did. Whnt the result would hiive been had 

 he not, 1 dread to think. But it was 6 o'clock 

 that night before the bees were unloaded. 

 Some had three comb-honey supers on. It 

 was between clover and basswood. They 

 were confined to the hives all nig-ht, and 

 throug-h the burning- heat of that day; yet 

 all came through in splendid condition — a 

 severe test for the porticos. 



In unloading-, put all in place, then at 

 once open the hives, having the smoker 

 ready to use. On the way, keep the lantern 

 and smoker g-oing-, but tvu-n down the lan- 

 tern. It must be a dark night indeed when 

 there is not some light to see. 



A bee-keeper for fall pasture — indeed, 

 any — must study the conditions, the mois- 

 ture and flowers, and decide whether it 

 pays. I think I can tell pretty well the 

 chances beforehand, but yet not knou'. 

 Since Adam fell, God has decreed, "In the 

 sweat of thy face shalt thou eat bread." 

 Romans 1:20 tells us, "P^or the invisible 

 thin<:s of him from the creation of the world 

 are clearly seen, being understood by the 

 things that are made. " I believe to-day 

 the healthiest and happiest man is the one 

 who, in the fear of God, seeking to live for 

 him, does physical labor; and to produce 

 any thing on this earth, any crop, there is 

 needed consttmt battle with evil. Thorns, 

 thistJes, weeds, and adverse weather come 

 in, and have to be battled with and over- 

 come, to remind us that, if we would pro- 

 duce good fruit, we must root out, weed out, 

 £ind keep down evil; constant watchfulness 

 and vigilance are required. We know that 

 the word of God is the good seed Christ im- 

 planted in our hearts. How many of us 

 have begun the struggle^have Christ im- 

 planted there ? How many are making no 

 struggle, but letting the enemy have full 

 swing? My heart often yearns over men I 

 know in the bee-keeping profession who 

 have not Christ, no new birth in them, who 

 are harboring their enemy fcr time and 

 eternity, in their hearts. What awful fol- 

 ly ! what worse than ph3'sical suicide ! 



Brantford, Canada. 



THE BEE IN LAW. 



Animus Revertendi ; Identity ; Transportation ; Lar= 

 ceny. — Article 3. 



BY K. D. FISHER. 



Bees a.rQ fere? 7iaturce, i. e., wild by na- 

 ture, and classed with such wild animals 

 as have what iscalled the aniinus revertendi, 

 or a usual habit of returning whence they 

 have escaped. During this temporary ab- 

 sence they remain the property of the orig- 

 inal owner (2 Kent, Com. 348). The law, 

 as Blackstone says, "extends this posses- 

 sion further than the mere manual occupa- 

 tion; for my tame hawk that is pursuing 

 his quarrj^ in my presence, though he is at 

 liberty to go where he pleases, is neverthe- 

 less my property; for he hath aniuitim re- 

 vertendi. So are my pigeons, and bees that 



are flying at a distance from their home, 

 and likewise the deer that is chased out of 

 my park or forest, and is instantlj' pursued 

 by the keeper or forester; all which remain 

 still in my possession, and I still preserve 

 my qualified property in them. But if they 

 stray without my knowledge, and do not 

 return in the usual manner, it is then law- 

 ful for any stranger to take them" (2 Black- 

 stone, Com. 392). 



So, in the civil law, Gains says: "In re- 

 spect of such animals as are in the habit of 

 going and returning, as pigeons and bees 

 and deer, which are accustomed to go into 

 the woods and fields and come again, we 

 have this traditional rule: That if they 

 cease to have the intention of returning they 

 also cease to be ours, and become the prop- 

 erty of the first taker; now they appear to 

 cease to have the animus rez'ertendi when 

 they have discontinued their habit of re- 

 turning. This theory may be compared to 

 the rights of property in animals at common 

 law only when animus revertendi is induced 

 by artificial means, such as taming them 

 or offering them food and shelter, but not to 

 immigrating animals which return from 

 natural causes. The highest authority is 

 that the onlj' ownership in them is ratione 

 soli. In consideration of the fact that the 

 character of the forest allows every freeman 

 to be entitled to the honey found within his 

 own woods, affords great countenance to 

 the doctrine that a qualified propertj^ may 

 be had in bees in consideration of the prop- 

 ert}^ of the soil whereon they are found." 



IDENTITY. 



One of the chief difficulties in reclaiming 

 bees is in the almost impossible identifica- 

 tion thereof. Many curious cases of doubt- 

 ful or disputed identity mig^ht be cited to il- 

 lustrate the singular fortuous resemblance 

 between bees, not only in their general ap- 

 pearance, but also in the strain or acciden- 

 tal mark. Positive recognition of peculiar 

 habits and workings of bees is too difficult 

 to suffice to prove their identity. Courts 

 judicially recognize photographj'^ as a prop- 

 er means of identification of the thing in 

 dispute; but there is no case on record, so 

 far as we have been able to discover, where 

 a claimant has been able to reclaim his 

 bees by means of photography. Neither 

 can bees be identified or proven by the con- 

 currence of their several characteristics. 

 This proof is too remote, and the question 

 of identity is for the jury. The court can 

 not presume identity of bees. 



TRANSPORTATION OF BEES ; CONTRACT OF 

 CARRIAGE. 



The exact character of the contract for 

 the carriage of animals has been the sub- 

 ject of much judicial discussion. The pre- 

 vailing opinion, however, is that common 

 carriers are also insurers against all losses 

 except those resulting- from the acts of God 

 or the public enemj', or from the peculiar 

 nature of the property carried. Though it 

 may he optional with railwjiy companies 

 whether the3' will accept the full responsi- 



