Cap. 36 Art. 115Where offender is insane or absent from Malta.

(1) Where the offender is insane or absent from Malta and the Superintendent or any medical officer of health or, in the case of an offence against Part II of this Ordinance, the Director of

Agriculture or a government veterinary surgeon certifies on oath that it is urgently required that the nuisance caused by the offence be abated or that the law be otherwise enforced, the court may order the summons to be served, in the first case, on the lawful representative or the person having the custody of the offender, and, in the second case, or where, in the first case, the party insane is not under the charge of any person, on the spouse or on a near relation of the offender, or on the person, if any, entrusted with the management of his property.

(2) In any such case, if the offence is proved, the court shall apply the provisions of article 118 or article 119: provided that as regards the award of punishment to the offender the court shall adjourn the case until his return or until he is fit to stand trial.