Of the Natural Swarming of Bees. 157 
ing to fuch a place in one day, in which cafe 
“a bloody battle between them often becomes 
inevitable. 
There have been many inftances of a fwarm 
of bees flying in a direct line to a dead hive, 
when it happened to be within their reach in 
a neighbouring apiary. Such hives are often 
~ left ftanding by the owner, either from his’ 
not knowing that the bees are dead, or from 
his ignorance of the confequences. ‘They are 
alfo frequently left by roguith bee-mafters, on 
purpofe to entice their neighbours fwarms; . 
which is as villainous as. ftealing a fwarm, if 
not more fo. Mr Maxwell fays, there is a law 
again{t fuffering a dead hive to ftand in an 
apiary. If there is, it is a very juft one, but 
if not, an act of parliament fhould be pafled 
' againft fuch a pernicious pratiice. Such 
caufes have been feveral times tried in courts 
of juftice, and fome judges have punifhed the 
trefpafs, which was certainly juft. But I late- 
ly heard of a caufe of this nature, which was 
tried before a judge, who affoilzied the ageref- 
_ for, upon this principle, that every man has 
_ -a right to keep what he pleafes in his own gar- 
den. By this decifion the judge evidenced his 
ignorance ; for, if fuch a precedent were 
once 
