1076 ELECTIONS. [ART. 33

tion to the person elected, or, in case of a tie vote, to the
person against whom the contest is to be instituted, within
thirty days after the judges of election shall have made known
publicly the state of the polls, unless at a special election to
fill a vacancy, when such notice shall be given within ten
days after the state of the polls is announced by the judges
of election.

1888, art. 33 sec 97. 1890. art 35, sec. 56. 1896, ch. 202. sec. 124.

132. Such notices shall be delivered in writing at the usual
residences of the person returned, and, if he be absent, shall be
left there.

Ibid. sec. 98. Ibid, sec 57 Ibid. sec. 125

133. The party intending to make examination shall, after
such notice, apply to some justice of the peace of the county
or city wherein the election is contested, and shall obtain a
notice under his hand and seal, directed to the opposite party,
requiring him to attend in person or by attorney and cross-
examine witnesses.

Ibid sec. 99. Ibid. sec. 58. Ibid. sec. 126.

134. The justice in such cases shall have the usual power
to coerce the attendance of witnesses.

Ibid, sec 100. Ibid, sec 59. Ibid. sec. 127.

135. The notice of the justice shall contain the names of
the witnesses with the facts expected to be proved by them,
and shall state the time and place of examination, and shall
be served on the opposite party or his attorney at. least ten
days previous to the proposed examination.

Ibid, sec 101. Ibid. sec. 60. Ibid. sec. 128.

136. Every person deposing shall be examined on oath, and
his testimony shall be reduced to writing, either by himself, in
the presence of the justice, or by the justice, or by a clerk by
him appointed and sworn fairly to write down and transcribe
the depositions, and shall be transcribed by the deponent.

Ibid. sec. 102. Ibid. sec. 61. Ibid. sec. 129.

137. The depositions so taken, together with a certificate of
the notices, and proof of service of them, shall be sealed up
by the justice who took them, and transmitted to the presiding
officer of the body in which the seat is contested.