magistrate, stipendiary magistrate, or any two justices, having jurisdiction over such place. The magistrate or justices must be satisfied : (i.) That such belief was well founded: and for that purpose the complainant must also state on oath that at least one such book or picture has in fact been sold or exhibited for gain in such place. (ii.) That such book or picture is so obscene that its publication would be a misdemeanour. (iii.) That such publication would be a misdemeanour proper to be prosecuted as such. Thereupon the magistrate or justices issue a special warrant authorizing their officer to search for and seize all such books and pictures, and bring them into Court; and then a summons is issued calling upon the occupier of the place to appear and show cause why such books and pictures should not be destroyed. Either the owner, or any other person claiming to be the owner, of such books and pictures may appear: but if no one appears, or if in spite of appearance the justices are still satisfied that the books and pictures, or any of them, are of such a character that their publication would be a misdemeanour proper to be prosecuted, they must order them to be destroyed; if not so satisfied, they must order them to be restored to the occupier of the place in which they were seized. The order for the destruction of such books must state, not only that the magistrate is satisfied that the books are obscene, but also that he is satisfied that the publication of them would be a misdemeanour, and proper to be prosecuted as such: else such order will be bad on the face of it, as not showing that the magistrate had jurisdiction to make it, and a certiorari will be granted to bring it up and quash it. (Ex parte Bradlaugh, (1878) 3 Q. B. D. 509; 47 L. J. M. C. 105; 26 W. R. 758; 38 L. T. 680.) Any person aggrieved by the determination of the justices may appeal to Quarter Sessions by giving notice in writing of such appeal, and of the grounds thereof, and entering into a recognizance, within seven days after such determination. Hence the books and pictures ordered to be destroyed will be impounded only for such seven days; on the eighth day, if no notice of appeal has been given, they will be destroyed. If the appeal be dismissed, or not prosecuted, the Court of Quarter Sessions may order the books and pictures to be destroyed. (See the Act in extenso in Appendix C., post, p. 780.) The death of the complainant after the issuing of the summons will not cause the proceedings to lapse. (R. v. Truelove, (1880) 5 Q. B. D. 336; 49 L. J. M. C. 57; 28 W. R. 413; 42 L. T. 250; 14 Cox, C. C. 408.) If the work be in itself obscene, its publication is an indictable misdemeanour, and the work may be seized under this Act, however innocent may be the motive of the publisher. (R. v. Hicklin, (1868) L. R. 3 Q. B. 371; 37 L. J. M. C. 89; 16 W. R. 801; 18 L. T. 398; 11 Cox, C. C. 19.) If any point of law arises under this Act, the magistrates. or justices may state a case for the opinion of a superior Court, under the 20 & 21 Vict. c. 43, or the 43 & 44 Vict. c. 49, irrespective of the power of appeal given by section 4. That the libel is an accurate report of a judicial proceeding is no defence, if it contain matter of an obscene and demoralizing character. (Steele v. Brannan, (1872) L. R. 7 C. P. 261; 41 L. J. M. C. 85; 20 W. R. 607; 26 L. T. 509.) Illustrations. The Protestant Electoral Union published a book, called "The Confessional Unmasked," intended to expose the abuses of the Roman Catholic discipline, and to promote the spread of the protestant religion. But however praiseworthy such a motive may be thought, many passages in the book were obscene, and it was seized and condemned as an obscene libel. R. v. Hicklin, (1868) L. R. 3 Q. B. 360; 37 L. J. M. C. 89; 16 W. R. 801; 18 L. T. 395; 11 Cox, C. C. 19. The Protestant Electoral Union thereupon issued an expurgated edition of The Confessional Unmasked," with some new matter. For selling this George Mackey was tried at the Winchester Quarter Sessions on October 19th, 1870, when the jury, being unable to agree as to the obscenity of the book, were discharged without giving any verdict. The Union thereupon published "A Report of the Trial of George Mackey," in which they set out the full text of the second edition of "The Confessional Unmasked;" although it had not been read in open Court, but only taken as read, and certain passages in it referred to. A police magistrate thereupon ordered all copies of this "Report of the Trial of George Mackey" to be seized and destroyed as obscene books. Held, that this decision was correct. Steele v. Brannan, (1872) L. R. 7 C. P. 261; 47 L. J. M. C. 85; 20 Any one who openly exposes or exhibits any indecent exhibition or obscene prints or pictures in any street, road, public place or highway, or in any window or other part of any house situate in any street, road, public place or highway, shall be deemed a rogue and vagabond, and punished on summary conviction. (5 Geo. IV. c. 83, s. 4, as explained by the 1 & 2 Vict. c. 38, s. 2.) By the 33 & 34 Vict. c. 79, s. 20, the postmaster-general may prevent the delivery by post of any obscene or indecent prints, photographs, or books. And by section 3 of the Indecent Advertisements Act, 1889 (52 & 53 Vict. c. 18), "Whoever affixes to or inscribes on any house, building, wall, hoarding, gate, fence, pillar, post, board, tree, or any other thing whatsoever so as to be visible to a person being in or passing along any street, public highway, or footpath, and whoever affixes to or inscribes on any public urinal, or delivers or attempts to deliver, or exhibits, to any inhabitant or to any person being in or passing along any street, public highway, or footpath, or throws down the area of any house, or exhibits to public view in the window of any house or shop, any picture or printed or written matter which is of an indecent or obscene nature, shall, on summary conviction, in manner provided by the Summary Jurisdiction Acts, be liable to a penalty not exceeding forty shillings, or, in the discretion of the Court, to imprisonment for any term not exceeding one month, with or without hard labour.” By section 4, "Whoever gives or delivers to any other 1 person any such pictures, or printed or written matter mentioned in section 3 of this Act with the intent that the same, or some one or more thereof, should be affixed, inscribed, delivered, or exhibited as therein mentioned, shall, on conviction in manner provided by the Summary Jurisdiction Acts, be liable to a penalty not exceeding five pounds, or, in the discretion of the Court, to imprisonment for any term not exceeding three months, with or without hard labour." Section 5 enacts that any advertisement relating to any complaint or infirmity arising from or relating to sexual intercourse, shall be deemed to be printed or written matter of an indecent nature within the meaning of the above sections; while section 6 provides that "any constable or other peace officer may arrest without warrant any person whom he shall find committing any offence against this Act." CHAPTER XIX. SEDITIOUS WORDS. SEDITIOUS words may be defined generally in the language of section 1 of the statute 60 Geo. III. & 1 Geo. IV. c. 8, as any words which tend "to bring into hatred or contempt the person of his Majesty, his heirs or successors, or the Regent, or the government and constitution of the United Kingdom as by law established, or either House of Parliament, or to excite his Majesty's subjects to attempt the alteration of any matter in Church or State as by law established, otherwise than by lawful means." Seditious words may in some special cases amount to Treason or to Treason-felony. This chapter will, therefore, be divided into I. Treasonable Words. (i) Words merely spoken. (ii) Words written or printed but not published. (iii) Words written or printed and published. II.-Seditious Words. (i) Words defamatory of the Sovereign himself. (iii) Words defamatory of the Constitution and of our Laws generally. (iv) Words defamatory of either House of Parliament, or of the members thereof. (v) Words defamatory of Courts of Justice, and of the Judges thereof. (a) Superior Courts. |