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OBSCENE PUBLICATIONS ACT 1857

OBSCENE PUBLICATIONS ACT 1857 - LONG TITLE

An Act for more effectually preventing the Sale of Obscene Books,
Pictures, Prints and other Articles.{1}
[25th August 1857]
Preamble rep. by SLR 1892

OBSCENE PUBLICATIONS ACT 1857 - SECT 1
Justices, &c. may authorize search of suspected persons.

1. It shall be lawful for any ... stipendiary magistrate, or for
any two justices of the peace, upon complaint made before him or
them upon oath that the complainant has reason to believe, and does
believe, that any obscene books, papers, writings, prints, pictures,
drawings, or other representations are kept in any house, shop,
room, or other place within the limits of the jurisdiction of any
such magistrate or justices, for the purpose of sale or
distribution, exhibition for purposes of gain, lending upon hire, or
being otherwise published for purposes of gain, which complainant
shall also state upon oath that one or more articles of the like
character have been sold, distributed, exhibited, lent, or otherwise
published as aforesaid, at or in connexion with such place, so as
to satisfy such magistrate or justices that the belief of the said
complainant is well founded, and upon such magistrate or justices
being also satisfied that any of such articles so kept for any of
the purposes aforesaid are of such a character and description that
the publication of them would be a misdemeanor, and proper to be
prosecuted as such, to give authority by special warrant to any
constable or police officer into such house, shop, room, or other
place, with such assistance as may be necessary, to enter in the
daytime, and, if necessary, to use force, by breaking open doors or
otherwise, and to search for and seize all such books, papers,
writings, prints, pictures, drawings, or other representations as
aforesaid found in such house, shop, room, or other place, and to
carry all the articles so seized before the magistrate or justices
issuing the said warrant, or some other magistrate or justices
exercising the same jurisdiction; and such magistrate or justices
shall thereupon issue a summons calling upon the occupier of the
house or other place which may have been so entered by virtue of
the said warrant to appear within seven days before such police
stipendiary magistrate ..., to show cause why the articles so seized
should not be destroyed; and if such occupier or some other person
claiming to be the owner of the said articles shall not appear
within the time aforesaid, or shall appear, and such magistrate ...
shall be satisfied that such articles or any of them are of the
character stated in the warrant, and that such or any of them have
been kept for any of the purposes aforesaid, it shall be lawful
for the said magistrate ... and he ... are hereby required, to
order the articles so seized, except such of them as he ... may
consider necessary to be preserved as evidence in some further
proceeding to be destroyed at the expiration of the time
herein-after allowed for lodging an appeal, unless notice of appeal
as herein-after mentioned be given, and such articles shall be in
the meantime impounded; and if such magistrate ... shall be
satisfied that the articles seized are not of the character stated
in the warrant, or have not been kept for any of the purposes
aforesaid, he ... shall forthwith direct them to be restored to the
occupier of the house or other place in which they were seized.

Ss.2, 3 rep. by SLR (NI) 1954

OBSCENE PUBLICATIONS ACT 1857 - SECT 4
Appeal.

4. Any person aggrieved by any act or determination of such
magistrate or justices in or concerning the execution of this Act,
may appeal to the next general or quarter sessions ..., giving to
the magistrate or justices of the peace, whose act or determination
shall be appealed against, notice in writing of such appeal, and of
the grounds thereof, within seven days after such act or
determination and before the next general or quarter sessions ...:
and if such appeal be dismissed or decided against the appellant or
be not prosecuted, such court may order the articles seized
forthwith to be destroyed: Provided always, that it shall not be
lawful for the appellant on the hearing of any such appeal to go
into or give evidence of any other grounds of appeal against any
such order, act, or determination, than those set forth in such
notice of appeal.