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) 114. Clerk to Appoint Justice in Case of Failure to Serve. If, at any time, either of the said justices shall become un- able to proceed in such examination, said clerk may supply the vacancy by designating any other justice of the peace of the district in the place of such justice. (Sec. 3133, Code 1881. ) 115. Fees to Be Allowed Sheriff and Justices. The sheriff, for the service of such subpoenas, and the jus- tice for issuing the same and taking the deposition, shall re- ceive from the par...ty at whose instance such service was per- formed, the same fees as are allowed them for similar service in other cases. (Sec. 3134, Code 1881. ) 116. Clerk to Transmit Proceedings to Secretary. It shall be the duty of said clerk to seal up such deposi- tions, together with the original statement of the grounds of such contest, and the copy of notice served upon the party whose right is contested, and the commission issued to the justices of the peace, and transmit the same by mail to the Secretary of State, indorsing thereon the names of the con- testing parties, and the branch of the legislature before which such contest is to be tried.
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