§ MR. MARKHAMI beg to ask the Secretary of State for the Home Department will he say by virtue of what section of what Act of Parliament, if any, the police are excused from taking proceedings against the owners of traction engines who commit a public or private nuisance, within the meaning of Section 13 of the Locomotive Act of 1861; and whether he will take the opinion of the Law Officers of the Crown as to whether it is not the duty of the police to take action when they are 1104 cognisant of any offence punishable by fine or imprisonment committed contrary to an Act of Parliament.
§ *MR. GLADSTONEMy hon. friend's Question is, I think, asked under a misapprehension. The section to which he refers has only the effect of saving the right of persons aggrieved or of local authorities to take proceedings by indictment or by action for nuisance; it imposes no obligation on anyone to take proceedings.
§ MR. MARKHAMThen, am I to understand that, although the police have cognisance of an offence under the Act, the householder himself must take action? Surely you don't expect a man to get out of his bed at night for that purpose?
§ *MR. GLADSTONEIt is obvious that the offence must be proved by aggrieved persons on the spot.