Penalty for neglect to perform work and to return materials

(1) Every tradesman who, having contracted as mentioned in section 3 of this Act, receives any materials not exceeding in value the sum of fifty dollars for the purpose of being wrought up or used in the work agreed to be performed, without lawful excuse, neglects or refuses to perform his contract within the specified time, or such reasonable time as the magistrate may allow under section 3 of this Act, and neglects or refuses, when so required, to return to the person with whom he contracted, or his lawfully authorised agent, the materials or any part thereof so delivered to him, commits an offence and is liable to a fine not exceeding twenty-five dollars. (2) That tradesman shall also be adjudged to pay to the person with whom he contracted or his agent the value of the materials recovered by him.