(1) Except in the case of a person of unsound mind absent on trial, a private person shall not undertake the care or custody of any such person unless he or she first obtains in respect of such person a licence under this Act.
(2) Any person acting in contravention of this section commits a misdemeanour and on conviction thereof may be punished by a fine not exceeding $240 or by imprisonment with or without hard labour for any term not exceeding one year or subject to the limitations aforesaid may be punished both by fine and imprisonment.