94 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
any person in answer to any question put by [certain] commissioners shall, except in cases of indictments for perjury, be admissible in evidence in any proceeding,” the expression “indictments for perjury” applied to perjury in general, or only to perjury committed before the commissioners. It appeared that a previous statute has contained a similar provision, but that the expression used in that statute was “indictments for perjury committed in such answers”; consequently it was argued that the Legislature intended a change of meaning by this change of words. It was held, however that to put upon the expression used in the later statute the meaning contended for would be subversive of one of the most important principles of the common law, and that it must be supposed, therefore, that there was no reason at all for altering the language used by the earlier statute, and that, as Kelly, C. B., said, “whoever framed the statute did it in a slovenly way, and showed great want of care in drawing it.” So also, if it appears that the older statute contains words of surplusage, these words may very well be left out in subsequent Act without there being any intention on the part of the Legislature to alter the law. “It appears to me,” said Mellish, L. J., in Re Wood (r) “that the framers of this [ later ] Act thought it would be an improvement to omit words as to intent in the cases where it was not necessary to prove such an intent, the words being then surplusage and misleading; and I think they may have very properly left out without in any way altering the law.”
With regard to his third contention I must say that I am not at all impressed by it. There are two causes of delay that may be apprehended. Delay is caused by the Council though in Session and in receipt of the Bill. Delay is caused by the Council not being in Session when the Bill is transmitted. No delay beyond fourteen days can take place at the hands of the Council nor can any harm be done to the Assembly if it does take place. For there is a penalty for it and which is provided for in clause (5). Delay following upon the Council not being in session at the time when the Bill is transmitted cannot be due to any fault of the Council. It is those who are responsible to advise the Governor to call a Session of the Council are responsible for such delay. If they wish to get the benefit of clause (5) they should call the Session of the Council immediately and give it fourteen days and avoid delay. It is in their power. But