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objections are overruled, he must be required to plead as to an indictment or information, without regard to any plea entered before the justice. In other respects, the proceedings shall be the same as in criminal actions originally commenced in the district court, and judgment shall be rendered and carried into effect accordingly.

N. Dak. (1895) 26787.

GENERAL PROVISIONS.

5168. Subpoenas: proceedings governing. A justice of the peace may issue subpoenas for witnesses or for interpreters, and punish disobedience thereof, as provided in chapter forty-seven of this code. The names of all the witnesses desired by both parties may be included in the same subpoena. $ 5370*.

Cal. Pen. C. 1459*.

Subpoenas, etc., 22 5017-5026.

[C. L.

5169. Bail: provisions governing. The defendant at any time after his arrest and before conviction, may be admitted to bail. The provisions of chapter forty-five of the code of criminal procedure in district courts, relative to bail, shall be applicable to bail in justices' courts.

Bail, 22 4983-5010.

5170. Contempt: provisions governing. The provisions of the code of civil procedure in justices' courts, relative to contempts, shall be applicable to the criminal procedure in justices' courts.

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5171. Entitling affidavits: provisions governing. The provisions of section five thousand and seventy-nine in respect to entitling affidavits are applicable to justices' courts.

5172. Competency of witnesses: provisions governing. The provisions of chapter forty-six of this code, relative to the competency of witnesses, shall be applicable to the criminal procedure in justices' courts.

Witnesses and evidence, 22 5011-5016.

5173. When justice may depute a person to act as constable. A justice of the peace may depute in writing any suitable and discreet person to act as constable when no constable is at hand and the nature of the business requires immediate action. [C. L. § 5389.

CERTIFICATE OF AUTHENTICATION.

WE, the undersigned, Richard W. Young, Grant H. Smith, and William A. Lee, Commissioners appointed to revise, annotate, and publish the Revised Statutes of Utah, and James T. Hammond, Secretary of State, certify that we have examined and compared the foregoing printed sections of the Revised Statutes with the acts passed at the second regular session of the Legislature of the State of Utah, and that the same are prepared in conformity therewith, and are a full, true, and correct copy of the statutes of Utah in force January 1, 1898.

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