The house in determining against the claim of the contestant may also decide that the proceeding on the contestant’s part is frivolous and vexatious and may order that the contestant shall pay all the costs of the contested election, but without such order the contestant shall not be liable to costs and the same shall be paid by the State.

Code 1852, § ?433; Code 1915, § ?1899; Code 1935, § ?2017; 15 Del. C. 1953, § ?5907; 70 Del. Laws, c. 186, § ?1;