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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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