Public right denial inquiry: Magistrate must inquire and stay proceedings pending court decision when reliable evidence exists.

Where a preventive order is made to prevent obstruction, nuisance or danger in any way, river, channel or place, the Magistrate must question the person charged about denial of any public right and, if denied, inquire into that denial. If the Magistrate finds reliable evidence supporting the denial he shall stay proceedings until a competent court decides the existence of the public right; if no reliable evidence is found, he shall proceed. A person who fails to deny a public right when questioned, or who denies but fails to adduce reliable evidence, may not later make that denial in subsequent proceedings.

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