(1) It is lawful for any magistrate, on information that any person is in possession, without any probable claim or pretence of title, of any Crown lands, to issue a summons calling on such person to appear and answer to such information, and if such person, after being duly summoned, does not appear or appearing fails to satisfy such magistrate that he or she, or those under whom he or she claims, has or had some probable claim or pretence of title to such lands, such magistrate shall make an order for putting the person in possession of such lands out of possession of the same, and for the delivering of the possession thereof to the Governor General.