(a) In contested nominations or elections of electors of President and Vice-President, and State officers whose jurisdiction extends over the State, and Senators and Representatives of the United States and of this Commonwealth, in which the committee, or court or judge shall decide that the complaint is not without probable cause, the Commonwealth shall be liable for all costs. The said committee or court shall certify to the Auditor General a bill of such costs, which shall be adjusted and settled in the usual manner, and paid out of moneys appropriated for that purpose. (b) Whenever, in contested nominations or elections of judges of courts of record, and of county, city, borough, township, ward, school district or poor district officers, the contestant or contestants establish his or their right to the nomination or office, or, if they fail to establish their rights, but the court or judge shall decide that the complaint was not without probable cause, the court or judge shall apportion all the costs among the proper districts, counties, cities, boroughs, townships, wards, school districts or poor districts, of the whole district in which contest is had, in such way as said court or judge shall think just, and shall compel by order, the payment of such amounts so apportioned to each, by the properly constituted authorities of each of the proper districts, counties, cities, boroughs, townships, wards, school districts or poor districts, as the payment of debts by the same can now be enforced.
§ 1770Costs of Contest if For Probable Cause
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