5. Doubt of dispute as to near relative to be referred to Magistrate of the First Class.-

(1) If any doubt or dispute arises whether a person is or is not a near relative of the deceased for the purposes of section 4, the matter shall be referred to a Magistrate of the First Class, and the decision of such Magistrate shall be final and conclusive. (2) Pending such decision, the body of the deceased person shall be preserved from decay in such manner as may be prescribed.