§ 64. Contested elections. Upon the application of any person desirous\nof obtaining testimony respecting the election of a member of either\nhouse, for the purpose of contesting an election, or resisting a contest\nthereof, any county judge of the county, or justice of the supreme court\nof the district, or the mayor or recorder of a city in which the member\nor applicant shall reside, may require the attendance of persons named\nby the applicant, at a specified time and place, to be examined\nrespecting such election; and shall, at the same time, issue a notice to\nthe opposite party of the time, place and object of such examination.\nThe notice shall be served in the same manner as a notice of motion in a\ncourt of record. At the time appointed for the examination, upon proof\nof the due service of such notice, the witnesses who shall attend or who\nshall be produced by either party, shall be examined under oath before\nsuch officer, respecting such matters relating to the election about to\nbe contested, as shall be proposed by either party. The testimony given\nupon such examination shall be reduced to writing, signed by the\nwitnesses respectively, certified by the officer before whom it was\ntaken, and with the subpoena, notice and proof of the service thereof,\nshall be sent by him under seal to the secretary or the clerk of the\nhouse to which the election pertains.\n A witness attending before such officer, by virtue of a subpoena,\nshall receive the same fees as are allowed to witnesses in civil suits\nin courts of record, to be paid by the party at whose instance such\nwitness was summoned.\n
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