Whenever the secretary of state shall:
a. Neglect or refuse to issue a commission to any person elected or appointed to an office within the state; or
b. Take fees for any commission where by law he is not entitled to fees; or
c. Where he is entitled to fees, take more than by law he is entitled to take--
He shall for every such offense forfeit the sum of one hundred and fifty dollars, to be recovered, with costs, by any person suing for the same; one-half to go to the prosecutor and the other half to the state treasurer for the use of the state.