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Parliament, if he has any such interest in any such contract
made by or on behalf of the state or a public corporation, left
a big vacuum to ponder on several years later.
Mr. Choksy made a further submission the effect of which
would be to restrict the operation of Article 101 (1) by referring
to the marginal note to the said Article which states the
“Parliament may make provision in respect of elections." In
other words Counsel submitted that in view of the marginal
note Parliament can only make provision in respect of
elections and not in respect other matters such as sitting and
voting in Parliament. On this matter it should be borne in mind
that marginal notes are not a proper guide in the Interpretation
of Statutes. Maxwell on ‘The Interpretation of Statutes",
Twelfth Edition by P. St. J. Langan at page 9 on marginal notes
states thus: T h e notes often found printed at the side of
Sections in an Act, which purport to summarize the effect
of the Sections, have sometimes been used as an aid to
construction. But the weight of the authorities is to the effect
that they are not parts of the statute and so should not be
considered, for they are "inserted not by Parliament nor under
the authority of Parliament, but by irresponsible persons."
This view was confirmed by the House of Lords in the case of
Chandler v. D.P.P.01where Lord Reid at 789, 790 observed as
follows:
“In my view side notes cannot be used as an aid to
construction. They are mere catchwords and I have never
heard of it being supposed in recent times that an amendment
to alter a side note could be proposed in either House of
Parliament. Side notes in the original Bill are inserted by the
draftsman. During the passage of the Bill through its various
stages amendments to it or other reasons may make it
desirable to alter a side note. In that event I have reason to
believe that alterations is made by the appropriate officer of the
House-no doubt in consultation with the draftsman. So side
notes cannot be said to be enacted in the same sense as the
long title or any part of the body of the Act."