§ 261. Protection of rights. Whenever such ice shall have been so\nstaked out, all ice lying between the center of the said river, as\nhereinafter defined, and such lands, or so much thereof as shall be\nrequired for the purpose of filling the icehouse erected thereon, as\naforesaid, shall be and become the personal property of the owner or\nlessee of such lands and icehouses, and any person trespassing upon or\ntaking the same for commercial purposes or otherwise, shall be liable to\nsuch owner or lessee for the value of the ice so taken, and for any\ndamage, in like manner as for an injury done to any other property, and\nan action may be maintained for a permanent injunction, or for the value\nof the ice so taken, or for any damage; and a temporary injunction may\nbe granted, restraining any defendant from trespassing upon or taking\nthe said ice for commercial purposes or otherwise, pending the\ndetermination of the action. Nothing contained in this article,\nhowever, shall be construed as in any manner affecting, impairing or\ninterfering with the right of any owner, lessee or occupant of lands\nbordering upon or adjacent to the Hudson river or Catskill creek to the\nunrestricted use of the premises owned, leased or occupied by him for\nany lawful purpose.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.