If an as-signee desires to settle a controversy under section 17, or to have property sold as perishable, or because the title to it is in dispute, under section 25, he must apply to the court by petition, and not to a register. If, on the presentation of the petition on notice to any party interested, it shall appear that the matter is uncontested, the court can, under section 4, refer it to the register, with power to dispose of it