TW RURAL NEW.YORKER 
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ANIMAL INDUSTRY DEPARTMENT OF 
PARKE, DAVIS & COMPANY 
DETROIT, MICH. 
September 10, 1921 
Ownership of Stray Bees 
I found a swarm of bees on a tree in 
my neighbor’s field across from my place. 
They clung to the side of a tree trunk, 
and I got an egg case, as I had no hive, 
and succeeded in hiving them in it. I 
left them by the tree, expecting to move 
them in the morning after they had set¬ 
tled quietly in it. When I came to look 
at it in the morning my neighbor and his 
wife were there before me with an empty 
hive, and had turned my case up and 
placed their hive over it. and were trying 
to drive the bees into it. A day or so 
later they had thrown the case over the 
fence into the roadside. I noticed that the 
bees had fastened a quantity of comb on 
the case, as if they were to stay. It 
looked as if the comb had been torn out 
of the case. Neither he nor I are bee¬ 
keepers. so they were no swarm that had 
left either, of us. I supposed that a 
swarm found wild belonged to the finder. 
New York. w. p. 
A stray swarm of bees is considered 
wild game, belonging to the finder. As 
it is usually entirely impracticable to 
identify any swarm after it has left the 
premises of the owner, there can hardly 
be any other method of establishing own¬ 
ership. Under the circumstances that 
you mention the bees belonged to you. 
On the other hand, they were upon the 
premises of your neighbor, and you could 
not hive them without trespass. The 
neighborly thing for the owner of the 
premises to have done would have been 
to freely give you permission to take 
the bees from his premises. lie was not 
obliged to do this, however, and you 
should have taken the bees away with 
you when you first found them. They 
were wild game untli in some one’s pos¬ 
session. Legally, your neighbor had the 
advantage, since no one could come upon 
his premises to take the bees without 
trespass. From the standpoint of cour¬ 
tesy. however, the bees belonged to you. 
This is only one of the many times in 
life when -'■Mo’tesy and unselfishness 
should be made to take precedence over 
statute law, and if you refuse to enter 
into any quarrel with your neighbor over 
his unneighborly action you will show 
yourself to be the best man. M. u. P. 
Rights in Bee Tree 
If a man finds a bee tree in another 
man’s wood, can he cut the tree down 
and get the honey? Must he put a slip 
of paper on the tree with his name on it? 
If it is his swarm and he follows it into 
another man’s wood, can he get it? 
Rennselaer Co., N. Y. E. G. 
Yes, if he wishes to defend an action 
for trespass and destruction of another’s 
property, in case the owner of the bee 
tree desires to prosecute him. The fact 
that bees have stored honey in a tree doe3 
not make it common property; it still 
belongs to the owner of the land' upon 
which it stands. Custom, largely from a 
time when more land was wiki than now 
and trees less valuable, made the finder 
of a bee tree the owner of its contents, 
and his initials cut into the tree held his 
right to the honey in the eyes of all good 
sportsmen. Unless the tree was a par¬ 
ticularly valuable one, few hesitated to 
cut it to get at the contents, though 
probably no one ever had a legal right to 
do so. Trees are worth more now than 
formerly, and land does not lie open as 
it once did, so the status of bee trees 
has changed somewhat. If one does not 
wish to make himself liable to prosecu¬ 
tion for trespass and wilful damage, ho 
should get the permission of the owner of 
a bee tree before he cuts it down to get 
its contents. This is not “all about bee 
trees.” but. T think, covers the legal phase 
of the question asked. 
A, stray swarm of bees is “wild game”; 
it would be very difficult for an owner to 
prove his ownership of anything identified 
with the difficulty that would accompany 
identification of a swarm of bees. If a 
man followed a swarm directly from his 
apiary into another man’s woods, and 
could thus prove ownership, common 
sense and law, which should reflect com¬ 
mon sense, would, I believe, give him 
tlie right to enter the other man’s prem¬ 
ises to recover his property. M. B. D. 
Types of Beehives 
What can you tell me as to the best 
type of beehive for a novice? Also what 
do you know as to the merits of the roller 
bottom board for hives? I have a nice 
place to keep a few hives. It is pro¬ 
tected on the northwest by a board fence, 
and gets the early morning sun. and there 
are two rows of fruit trees for shade dur¬ 
ing the heat of day. w. T. 
North Tonawanda, N. Y. 
One of the standard types of hives is 
best, for the reason that fitting* for the 
same are always obtainable and are in¬ 
terchangeable. Various advantages are 
claimed for out-of-the-ordinary types, and 
there is no harm in experimenting with 
these if one wishes. The standard 10- 
frame hive will undoubtedly prove as well 
suited to your purpose as any, and can 
be purchased of any dealer in beekeepers’ 
supplies. I do not know anything about 
the roller bottoms of which you speak, 
but believe I should give the ordinary 
bottom board a trial before adopting a 
novelty in its place. Y T ou seem to have 
a desirable place for a small apiary, and 
you may find caring for the bees pleasur¬ 
able and profitable. 31. B. D. 
