104 



THE AMERICAN BEE-KEEPER 



August 



shall l)e elected by ballot, duriug the 

 month of December of each year! by a 

 plurality A'ote of the members, and 

 as>!ume the duties of their respective 

 offices on the first of January succeed- 

 ini;- their election. 



Section 4 to be amended to read as 

 follows: 



Sec. 4. The president, vice presi- 

 dent, secretary and general manager 

 shall constitute the executive com- 

 mittee. 



Section 5 to be amended to read as 

 follows: 



Sec. ."). The directors to succeed the 

 three whose term of office expires each 

 year shall be elected by ballot during 

 the month of December of each year 

 by a plurality vote of the meml3ers. 

 The three candidates receiving the 

 greatest number of votes shall be 

 elected and assume the duties of their 

 office on the first of January succeed- 

 ing their election. The board of di- 

 rectors shall prescribe how all votes 

 of the members shall be taken, and 

 said board may also prescribe equit- 

 able rules and regulations governing 

 nominations for the several offices. 



ARTICLE V. 

 Section 3. to be amended as follows: 

 Sec. 3. Secretary.— It snail be the 

 duty of the secretary to keep a record 

 of the proceedings of the annual meet- 

 ing; to recei^•e membership fees; give 

 a receipt for the same, and turn all 

 moneys received over to the treasurer 

 of the Association, togetner with the 

 names and postoffice addresses of 

 those who become members; to make 

 an annual report of all moneys re- 

 ceived and paid over by him. which re- 

 port shall ])e published with the an- 

 nual report of the general manager; 

 and to perform such other duties as 

 may be required of him by the Associ- 

 ation; and he shall receive such sum 

 for his services as may be granted liy 

 the directors. 



ARTICLE yiL— Vacancies. 

 Amend by adding the following 

 clause to the end thereof: Any resig- 

 nation of a member of the board of 

 directors shall be tendered to the ex- 

 ecutive committee; any resignation of 

 a member of the executive committee 

 shall be tendered to the board of di- 

 rectors. 



ARTICLE IX.— Amendments. 

 This constitution may be amended 

 by a majority vote of ail the members 



voting. providing such proposed 

 amendment has been approved hy a 

 majority vote of the memliers present 

 at the last annual meeting of the as- 

 sociation, and copies of rlae proposed 

 amendment, printed or Avritten. shall 

 have l)een mailed to each member at 

 least forty-five days before the annual 

 election. 



PROPERTY IX BEES. 



"What the Courts Say in Relation to 

 the Matter. 



Xew York Common Law Reports.— 

 Wendell, Vol. 12-16, Lawvers' Edition, 

 p. 54S. 

 Goff vs. Kilts.— Property in Bees— 



When Reclaimed — Trespass. 



The owner of bees, which have been 

 reclaimed, may bring an action of 

 trespass against a person who cuts 

 down a tree into which the bees have 

 entered on the soil of another, destroys 

 the bees and takes the honey. 



Where l>ees take up tueir abode in a 

 tree, they belong to the owner of the 

 soil, if they ai'e unreclaimed; but if 

 they have been reclaimed, and their 

 owner is a1>le to identify his prop- 

 erty, they do not belong to the owner 

 of the soil, but to him who had the 

 former possession, although he cannot 

 enter upon the lands of the other to 

 retake them without subjecting him- 

 self to an action of trespass. 



Citations — 2 Bl. Com., 393. 419; 2 

 Kent, Com., 394; Johns.. 5; 14 

 Jonhs.. 4ttr;; 7 .Johns.. 16: 1 Cow., 243. 



Error from the :Madison C. P. Kiltz 

 sued Goff in a justice's court in tres- 

 pass for taking and destroying a 

 swarm of bees, and the honey made by 

 them. The swarm left the liivc of the 

 plaintiff, and. flew oflf and went into 

 a tree on the lands of the Lenox Iron 

 Co. The plaintiff kept the bees in 

 sight, followed them, and marked the 

 trre into which they entered. Tavo 

 months afterwards the tree was cut 

 d'-wn. the bees killea. and the hoiiev 

 found in the tree taken by the defend- 

 ant and others. The plaintiff recov- 

 ered judjrment, which was affirmi>d by 

 the Madison C. P. The defendant sued 

 out a writ of error. 



Mr. S. Chapman, for plaintiflf in 

 error. 



Mr. J. A. Seeber, for the defendant 

 in error. 



By the Court, Xelson S. Animals 

 ferae naturae, when reclaimed by the 

 art and power of man, are the subject 



