46—Orders made upon certain allegations to be conclusive evidence
(1) Where a vesting
order as to any land has been made under this Act, or under any Act relating
to lunacy, founded on an allegation of any of the following matters, namely:
(a) the
infancy or personal incapacity of a trustee or representative; or
(b) that
a trustee is out of the jurisdiction of the Supreme Court, or cannot be found;
or
(c) that
it is uncertain which of several trustees was the survivor; or
(d)
whether the last trustee is living or dead; or
(e) that
any trustee has died intestate without personal representatives, or has died
and it is not known who is his personal representative,
the fact that the order has been so made shall be conclusive evidence of the
fact alleged in any court upon any question as to the validity of the order.
(2) This section shall
not prevent the Supreme Court from directing a conveyance, or a redisposition
of any contingent right, or the payment of costs occasioned by any such order
if improperly obtained.