Indecent Prints Or Books

Indecent prints or books. The sale, or obtaining, or procuring of such prints, with intent to sell, is a misdemeanor. The (English) Obscene Publications Act, 1857 (20 & 21 Vict. c. 83) ('Lord Campbell's Act'), gives summary powers to metropolitan or other stipendiary magistrates, or any two justices of the peace, to issue special warrants to constables for the searching of houses, etc., in which obscene books, pictures, etc., are suspected to be kept, on complaint on oath that the complainant believes that such books are there, and that one or more of the like character have been 'sold, distributed, exhibited, lent or otherwise published,' and on the magistrate, etc., being satisfied that any of the Articles are of such a character that the publication of them would be a misdemeanor, and proper to be prosecuted as such-which must be stated [see Ex parte Bradlaugh, (1878) 3 QBD 509]-he may order the seizure and destruction of such books, etc.

Publication is not excused by innocent motives, R. v. Hicklin, (1868) LR 3 QB 360, nor by the fact that the publication is in the form of a report of judicial proceedings, Steele v. Brennan, (1872) LR 7 CP 261.