2254
Powers of officer executing warrant.
Summons etc., and destruction of articles.
No. 15 of 1914.
OBSCENE PUBLICATIONS.
take possession of any such books, papers, writings, prints, pictures, drawings, figures, or other representations as aforesaid found in such house, shop, or other place, or on board such boat or vessel, and to carry all the articles so seized before a magistrate.
3. Such officer may if necessary-
(1) break open any outer or inner door of such house, shop, or other place, and enter thereinto;
(2) forcibly enter such boat or vessel and every part thereof;
(3) remove by force any obstruction to such entry, search, seizure, or removal as he is empowered to effect; and
(4) detain any person found in such house, shop, or place, or on board such boat or vessel, until such house, shop, place, boat, or vessel has been searched.
4. When any such books, papers, writings, prints, pictures, drawings, figures, or other representations so seized as aforesaid shall be brought before a magistrate, such magistrate or some other magistrate shall thereupon issue a summons calling upon the occupier of the house, shop, or other place, or the licensee or captain of the boat or vessel, where or on board which the said articles were so found, to appear at a place and time to be named in such summons before a 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 at the time and place aforesaid, or shall appear and the magistrate shall be satisfied that such articles or any of them are obscene or indecent 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 is hereby required, to order the articles so seized, except such of them as he considers necessary to be preserved as evidence in some further proceedings, to be destroyed after the expiration of seven days, unless an application be duly made to the said magistrate in the meantime to state and sign a case or to grant leave to appeal to the Full Court by way of a re-hearing, and such articles shall be in the meantime impounded.
2254
Powers of officer executing
warrant.
Summons
etc., and destruction of articles.
No. 15 of 1914.
OBSCENE PUBLICATIONS.
take possession of any such books, papers, writings, prints, pictures, drawings, figures, or other representations as aforesaid found in such house, shop, or other place, or on board such. boat or vessel, and to carry all the articles so seized before a magistrate.
3. Such officer may if necessary-
(1) break open any outer or inner door of such house, shop, or other place, and enter thereinto;
(2) forcibly enter such boat or vessel and every part thereof;
(3) remove by force any obstruction to such entry, search, seizure, or removal as he is empowered to effect; and
(4) detain any person found in such house, shop, or place, or on board such boat or vessel, until such house, shop, place, boat, or vessel has been searched.
4. When any such books, papers, writings, prints, to occupier, pictures, drawings, figures, or other representations so seized as aforesaid shall be brought before a magistrate, such magistrate or some other magistrate shall thereupon issue a summons calling upon the occupier of the house, shop, or other place, or the licensee or captain of the boat or vessel, where or on board which the said articles were so found, to appear at a place and time to be named in such summons before a 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 at the time and place aforesaid, or shall appear and the magistrate shall be satisfied that such articles or any of them are obscene or indecent 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 is hereby required, to order the articles so seized, except such of them as he considers necessary to be preserved as evidence in some further proceedings, to be destroyed after the expiration of seven days, unless an application be duly made to the said magistrate in the meantime to state and sign a case or to grant leave to appeal to the Full Court by way of a re-hearing, and such articles shall be in the meantime impounded.
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