It shall be unlawful for any railroad company to obstruct, by its roadbed or otherwise, the drainage of any public road or highway, or to empty the water from its ditches into any public road or highway, to the injury of such highway. If any railroad company, being warned by the overseer of the proper district by leaving a written notice with any agent or informing any station agent of the railroad company personally, shall refuse or neglect to remedy any such obstruction to the satisfaction of the overseer, it shall forfeit and pay a sum not exceeding fifty nor less than twenty dollars, to be recovered by an action at the suit of the county before any magistrate. And every ten days such railroad company, after being notified, shall neglect or refuse to remedy such offense shall be deemed an additional offense against the provisions of this chapter. Any money so collected shall be paid by the magistrate collecting it to the county treasurer, and the money so paid over shall become a part of the county road fund.