Section 109

Whenever a District Court is satisfied as aforesaid that a dispute likely to cause a breach of the peace exists concerning the right to do or prevent the doing of anything in or upon any land or water it may inquire into the matter and may, if it appears to it that the right exists, make an order permitting that thing to be done or directing that it shall not be done, as the case may be, until the person objecting to that thing being done or claiming that it may be done obtains the decision of a competent civil court adjudging him to be entitled to prevent the doing of or to do that thing, as the case may be. [Form 24.]

No order shall be made under this section permitting the doing of anything where the right to do that thing is exercisable at all times of the year unless the right has been exercised within 3 months next before the institution of the inquiry, or where the right is exercisable only at particular seasons unless the right has been exercised during the season next before the institution of the inquiry.[108