§ 264. Mohawk basin, at Green Island. Whenever the owner or lessee of\nlands contiguous to lands of the state bordering on the Mohawk basin at\nGreen Island, and lying between the lands of such owner or lessee and\nsuch basin, shall require the ice formed in such river between the\ncenter thereof and such lands of the state for the purpose of filling\nany icehouse now erected, or which may at the time of the formation of\nsuch ice hereafter be erected, on such lands contiguous to such state\nlands, such owner or lessee of such lands and icehouses shall have the\nexclusive privilege, and without obtaining any permit under any\nprovision of the canal law, of cutting and harvesting all the ice so\nformed in such basin in said river in front of and adjacent to such\nlands of the state between the same and the center of the basin, and\nopposite such privately owned or leased lands; provided that the nearest\nboundary of said land is not more than fifty (50) feet removed from the\nshore line of the basin, and provided such owner or lessee shall have\nindicated his intention of exercising such privilege by staking out so\nmuch of said ice as shall be required for said purpose, which staking\nout shall not be required before the ice has a thickness of four inches,\nand provided, also, such owner or lessee shall surround any cuttings and\nopenings with fences of bushes or other safeguards as a warning to all\npersons. It shall not be lawful for any person other than the owner or\nlessee of such lands and icehouses to take possession of or cut the ice\nso staked out within the area covered by the privilege above granted,\nand the same is prohibited after such owner or lessee shall have\ncomplied with the foregoing requirements. The provisions of section two\nhundred and sixty-one, relative to ice in the Hudson river, shall apply\nto ice within the area staked out in the Mohawk basin by an owner or\nlessee in compliance with the provisions of this section. This section\nshall not apply to that portion of the land where the nearest boundary\nrecedes more than fifty (50) feet from the shore line of the basin.\n
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