Any railroad company, receiver or lessee thereof doing business within this State which shall fail to comply with the provisions of Section 58-17-3380 after ten days' notice thereof in writing shall be subject to a fine of five dollars per day for every day thereafter that such failure shall continue and any such railroad, receiver or lessee failing to re-erect such warning board, in case any such board for any cause be down or removed, after ten days' notice in writing, shall be subject to the penalty herein provided of five dollars per day for each day that such railroad, receiver or lessee shall fail to so re-erect such warning boards. This penalty shall be recoverable by any person resident in this State in any court of competent jurisdiction, one half to go to the person bringing the action and one half to go into the county treasury in which such action may be brought, to be used for ordinary county purposes.
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