The treasurer or, by the treasurer’s written consent, any person whose property is sold by any auctioneer, concerning which property a record has not been kept as required by § 445-30, or concerning which the auctioneer has otherwise failed to fulfill the terms of the auctioneer’s bond, may prosecute the auctioneer under the auctioneer’s bond, and recover thereon any actual loss caused to the treasurer or person or sum due to the treasurer or person by the auctioneer, and also the sum of $5 to the use of the treasury for each item by § 445-30 required to be entered in the record which is omitted therefrom, or which is entered therein incorrectly; and the license of the auctioneer may, in the discretion of any judge or court, be canceled.