If any mortgagee or his personal representative or assignee, as the case may be, after full performance of the condition of the mortgage, whether before or after a breach thereof, for the space of ten days after being thereto requested in writing, and after tender of his reasonable charges, refuses or neglects to execute and acknowledge a certificate of discharge or release thereof, he shall be liable to the mortgagor, his heirs or assigns, in a sum of not to exceed one hundred dollars damages, and also for actual damages occasioned by such neglect or refusal, to be recovered in an action.