Whoever is legally chosen to the office of town sergeant, and refuses to serve in that office, shall pay a fine of seven dollars ($7.00), to and for the use of the town, to be levied and collected, upon conviction, by warrant of distress issued by any justice of the peace of a town, the warrant to be directed to the division of sheriffs, and no person is obliged to serve in the office more often than once in seven (7) years.