(5)If no tender is made to such officer, he shall sell the said property or sufficient portion thereof by auction and apply the proceeds of the sale to payment of the amount due on account of the fee and expenses incidental to the seizure, detention and sale of the property, and shall return to the person in whose possession the property was at the rime of seizure, any property or sum which may remain after the sale, and the application of the proceeds thereof, as aforesaid.
