(a) perform, within the time 1[and in the manner] specified in the order, the act directed thereby ; or
(b) appear in accordance with such order and either show cause against the same, or apply to the
Magistrate by whom it was made to appoint a jury to try whether the same is reasonable and
proper.
136. Consequence of his failing to do so. If such person does not perform such act or appear and show
cause or apply for the appointment of a jury as required by section 135, he shall be liable to the penalty
prescribed in that behalf in section 188 of the Pakistan Penal Code, and the order shall be made absolute.
137. Procedure where he appears to show cause.__(1) If he appears and shows cause against the
order, the Magistrate shall take evidence in the matter 2[in the manner provided in Chapter XX].
(2) If the Magistrate is satisfied that the order is not reasonable and proper, no further proceedings shall
be taken in the case.
(3) If the Magistrate is not so satisfied, the order shall be made absolute.
138. Procedure where he claims Jury.__(1) On receiving an application under section 135 to appoint a
jury, the Magistrate shall
(a) forthwith appoint a jury consisting of an uneven number of persons not less than five, of whom
the foreman and onehalf of the remaining members shall be nominated by such Magistrate, and
the other members by the applicant ;
(b) summon such foreman and members to attend at such place and time as the Magistrate thinks fit
; and
(c) fix a time within which they are to return their verdict.
(2) The time so fixed may, for good cause shown, be extended by the Magistrate.
139. Procedure where jury finds Magistrate's order to be reasonable.__(1) If the jury or a majority
of the jurors find that the order of the Magistrate is reasonable and proper as originally made, or subject to a
modification which the Magistrate accepts, the Magistrate shall make the order absolute, subject to such
modification (if any).
(2) In other cases no further proceedings shall be taken under this Chapter.
3[139A. Procedure where existence of public right is denied.__(1) Where an order is made under
section 133 for the purpose of preventing obstruction, nuisance or danger to the public in the use of any
way, river, channel or place, the Magistrate shall, on the appearance before him of the person against whom
the order was made, question him as to whether he denies the existence of any public right in respect of the
way, river, channel or place, and if he does so, the Magistrate shall, before proceeding under section 137 or
section 138, inquire into the matter.
1 Ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s. 25.
2 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “as in a summons case”.
3 S.139A ins. by the Code of Criminal Procedure (Amdt.) Act, 1923 (18 of 1923), s.26.
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