Section 48. Whenever a licensee under either of the two preceding sections fails to comply with the terms of his license, the department may proceed to complete the work and remove from tide water all materials composing the vessel or other structure, and the cost thereof shall, in the first instance, be paid from the appropriation made therefor. If not repaid to the commonwealth by the licensee, upon demand, it may be recovered by the state treasurer in contract, brought by him in behalf of the commonwealth in the superior court against the licensee or the sureties on his bond.