Section 13. A proprietor or occupant who refuses or neglects to comply with such vote, when required by the surveyor, shall be liable to him in contract for the amount of his proportion, with ten per cent interest thereon. If a person chosen clerk or surveyor under the preceding section refuses or neglects to accept that trust and take the oath, he shall forfeit five dollars. Damages and forfeitures recovered under this section shall be applied to the use of the proprietors for repairing said way or bridge.