Where upon information being laid under this Act that a person of unsound mind confined in a licensed house is ill-treated or neglected or that a person confined in a licensed house as one of unsound mind ought to be released a magistrate refuses to make any order, an appeal shall lie to the Court subject to the same conditions and with the same consequences as if the licensee had been charged with an offence punishable on summary conviction and the magistrate had refused to convict.