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At the hearing, respondent’s counsel pointed out that the legislature had at the same time, by s. 1 of c. 36, inserted an analogous provision in the Cities and Towns Act but not in the Municipal Code. He contended that it had to be inferred from this that the legislature considered that the provisions of the Municipal Code on contested elections did not apply to the case of an election that is void by reason of the incapacity of the elected person. This argument must be rejected; repetition adds nothing to the effect of a legislative provision, it is only a matter of convenience, a somewhat doubtful convenience. Be that as it may, the preceding year enactment, which was repealed only in 1949 (13 Geo. VI, c. 70, s. 3), shows on the contrary that the legislature considered that there was another remedy.
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