The person who first, in good faith, brings an action for and recovers judgment shall be entitled to the penalty incurred by the defendant in all cases where a part or all of the fine or forfeiture is given by law to the person suing. No action or judgment to screen the offender from a penalty, or to prevent an action for the penalty in good faith by another person, shall be available against a prosecution carried on in good faith and without collusion with the defendant.
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