(1) Where upon the information upon oath of any person it appears to a magistrate that a person of unsound mind confined in a licensed house is no longer a proper subject of confinement, such magistrate may discharge the licensee and order him or her to release the person or may himself or herself release the person or cause him or her to be released.
(2) Any licensee disobeying an order made under this section commits an offence punishable on summary conviction, and on conviction thereof before a district court may be fined in any sum not exceeding $48, and such conviction shall not be a bar to any action in respect of the same wrong.