Law library · Sierra Leone · The Auctioneers Ordinance (1895)
Schedule C., part 6, The Auctioneers Ordinance (1895)
Status not yet checkedThe Auctioneers Ordinance (1895), Sierra Leone
17. For the better enforcement of this Ordinance the
Magistrate, before whom information shall be laid of any
violation of its provisions, shall be and is hereby authorised
and required to summon before him any alleged offender,
and any person or persons supposed to be competent to prove the
offence, and to levy any penalty imposed by this Ordinance by
distress and sale, and for want of effects to commit every such
offender to the common gaol for any term not exceeding six
calendar months.
18. (1) The Court convicting an auctioneer of any offence
against the provisions of this Ordinance may, in lieu of or in
addition to any other penalty to which he may be liable, make
an order suspending or revoking his licence, and his licence shall
be suspended or revoked accordingly.
(2) Every such order of suspension or revocation shall
forthwith be reported to the Accountant General.
Auctioneers
[Cap. 224
2347
19. (1) It shall be lawful for a Judge of the Supreme Court,
upon an *ex parte* motion—
(i) by the Attorney General, alleging a breach of any of the
conditions of an auctioneer's bond, or
(ii) by any person or persons alleging a breach of any such
conditions whereby such person or persons has or have
suffered loss or damage,
to issue a summons to the auctioneer and his sureties calling
upon them to show cause why the said bond should not be
enforced against them on the grounds set forth in the affidavit
in support of the motion.
(2) If upon the hearing of the said summons, the Judge shall
give judgment in favour of the Attorney General or other
applicant, he may—
(a) order payment of the sum of money secured by the
said bond in whole or in part, the proceeds of the enforcement
of such order to accrue to the general revenue of the Colony; or
(b) order payment of such part of the sum of money secured
by the said bond as he shall find to be due to the aggrieved
party or parties by way of debt, damages, costs or expenses; or
(c) order payment of the whole of the sum of money secured
by the said bond and, after deducting all costs and expenses,
make such division of the proceeds of the enforcement of such
order between all persons who shall be proved to have
suffered loss or damage by reason of the breach of any of the
conditions of the said bond as to him shall seem just. Any
balance remaining over after such deduction and division as
aforesaid to accrue to the general revenue of the Colony.
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