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Odger's English Common Law

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230 OFFENCES AGAINST MORALITY AND PUBLIC DECENCY.<br />

obscene books and photographs could be obtained, was held,<br />

on proof that obscene books and photographs had in fact<br />

been obtained through the post by means of such advertise-<br />

ments, to have been rightly convicted of aiding and abetting<br />

others to commit this offence. 1 The Postmaster-General has<br />

power to prevent the delivery by post of any obscene or<br />

indecent prints, photographs or books. 2<br />

By section 3 of the Indecent Advertisements Act, 1889, 8<br />

"Whoever affixes to or inscribes on any house, building,<br />

wall, hoarding, gate, fence, pillar, post, board, tree or any<br />

other thing whatsoever, so as to be visible to a person being<br />

in or passing along any street, public highway or footpath,<br />

and whoever affixes to or inscribes on any public urinal, or<br />

delivers or attempts to deliver, or exhibits, to any inhabitant<br />

or to any person being in or passing along any street, public<br />

highway or footpath, or throws down the area of any house,<br />

or exhibits to public view in the window of any house or<br />

shop, any picture or printed or written matter which is of an<br />

indecent or obscene nature, shall, on summary conviction in<br />

manner provided by the Summary Jurisdiction Acts, be liable<br />

to a penalty not exceeding forty shillings, or, in the discre-<br />

tion of the Court, to imprisonment for any term not exceeding<br />

one month, with or without hard labour." Section 6 provides<br />

that " any constable or other peace officer may arrest without<br />

warrant any person whom he shall find committing any<br />

offence against this Act."<br />

Habitual Drunkenness.<br />

An "habitual drunkard" is "a person who not being<br />

amenable to any jurisdiction in lunacy is notwithstanding<br />

by reason of habitual intemperate drinking of intoxicating<br />

liquor at times dangerous to himself or to others, or incapable<br />

of managing himself and his affairs." 4<br />

The Inebriates Act,<br />

1898, 5 makes provision for detention of such persons in<br />

certified reformatories.<br />

1 B. v. De Marny, [1907] 1 K. B. 388.<br />

2 8 Edw. VII. c. 48, x. lfi.<br />

» 52 & 53 Vict. c. 18.<br />

' 42 & 43 Vict. o. 19, s. 3.<br />

6 61 & 62 Vict. c. 60, sa. 1, 2.

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