The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1913-08-27

GOLF !
GOLF GOLF GOLF GOLF GOLF
WHO OWNS LOST GOLF BALLS?

A caddie employed at the North
Middlesex club was seen to enter the
club grounds and pick up a ball. says
Golf illustrated. He then fled, pur-
sued by a policeman, and OH being
caught was found to be in possession
OF five balls. He said that he had
found them out of bounds" and not
on the course. The magistrates clerk
advised the bench that, inasmuch as
the secretary of the North Middlesex
club was the prosecutor and not the
owner of the balls, and, moreover, as
the secretary of the club was not
present, the boy should be discharg-
ed. On the question of what should
be done with the balls. the magis-
trate's clerk said they belonged to the
prisoner. as he knew of no law by
which a lost ball could be said to be
property vested in the secretary of a
club, and the prosecutor vas not pres
emit to place his view before the bench.
The magistrates, therefore, dismissed
the case.
Although it is clear that the boy
got off on the technical point that the
prosecutor was not present, the law
as laid down by the magistrates
clerk was widely interpreted to mean
'i'ot AAC hlluV VI a 1oSl XVII Jail, lIle
search for which has been abandoned
by its owner. is entitled to keep it,.
Stated in this way the decision is
absurd on the face of it. In the first
place, if the ball can he identified, or
even If it is found in the private
grounds of a club. any person who
finds it is guilty of theft if he pock-
cts it without making any attempt to
find the wne A caddie employed
at a particular club who finds and
keeps golf balls which he knows be-
long to members is as guilty of dis
honesty as a hotel servant who picks
up and keeps money dropped in the
hotel premises.
trace the proper owner of a lost golf
ball. the fact that it was found on
private ground is sufficient to upset
the dictum of the magistrates clerk.
If h North Middlesex club are
themselves the owner of the course.
any property, the owners Of which
cannot be identified. found on it be-
longs to them. and if they merely rent
the land, such property belongs to the
landlord. This was decided by Lord
Russell Of Killowen in 1896, in a case
in which a workman employed in
clearing out a pool belonging to a
"'N EoiiPdi| louIU TWO rings. LOf0
Russell held that in the absence of the
true owners any chattel found on the
land belonged to the person entitled
To possess the land. a ball driven "out
OF bounds on t o land outside the
clubs property does not, however, be-
come the property Of the owner of
such land. and he true owner NAV
enter the private property and recov-
er his ball. subject only to any dam
age he may do in entering and search.
ing for his ball.
IT would be very unfortunate il the
punilclty given to this Ease should
the loafers and dishones,
caddies who now make a regular
trade of stealing and selling golf balls
in the idea that they are entitled to
keep n golf balls they may find
The dishonest traffic in golf balls 10
a growing n and needs no encour-
agement. 1t would be we'll if all cInh.
would adopt the system of reeistra-
ton which has already been adonted
In many clubs whereby the golf halls
OF each member are marked with his
initials or club number. If found nv
a caddie they are taken to the caddie
master, who returns them to their
owners on payment of a small fec
part OF which goes to the finder. This
plan works most efficiently Wherever
1t las been tried, and in these days
OF long grass and expensive balls n
effects an normou saving to the
members.
Straight Drive.