Vagrant Swarms The wide and eager interest of bee-keepers in
the question of vagrant swarms is my apology for returning to the subject. The question of rights in such swarms is by no means settled as a legal correspondent ' suggested. On the whole the old and general country view that a bee- keeper can follow and claim his swarm has been maintained by many judges. For example, "A man who hived bees had property in them and the property in the bees remained in plaintiff when they alighted on defendant's tree, for plaintiff had not lost sight of them" (Quantrill v. Spragge, 1907). What has troubled the courts and caused confliction is the question of trespass. Has a man the right to refuse access on request, as he certainly has not in the case of fallen fruit or timber ? The legal expert of the County Gentlemen's Association, which has taken the sub- ject up, considers that "the legal position has not been finally settled and will not be finally setded until the House of Lords has had an opportunity of reviewing the several cases which have arisen during recent years." Has it not been said by a judge that there is no law of trespass in Britain ? In regard to bees, as appeared in one case, the question is a little com- plicated by time. If leave to recover the swarm is delayed, it is equivalent to refusal, since bees do not stay put for long.
Previous page
