The order must direct that the examination be taken before a magistrate named therein, and on proof being furnished to such magistrate of service upon the prosecuting attorney of a copy of the order, if no counsel appear on the part of the people, the examination must proceed.

[(19-3106) R.S., R.C., & C.L., sec. 8165; C.S., sec. 9145; I.C.A., sec. 19-3006.]