§ 261. Protection of rights. Whenever such ice shall have been so
staked out, all ice lying between the center of the said river, as
hereinafter defined, and such lands, or so much thereof as shall be
required for the purpose of filling the icehouse erected thereon, as
aforesaid, shall be and become the personal property of the owner or
lessee of such lands and icehouses, and any person trespassing upon or
taking the same for commercial purposes or otherwise, shall be liable to
such owner or lessee for the value of the ice so taken, and for any
damage, in like manner as for an injury done to any other property, and
an action may be maintained for a permanent injunction, or for the value
of the ice so taken, or for any damage; and a temporary injunction may
be granted, restraining any defendant from trespassing upon or taking
the said ice for commercial purposes or otherwise, pending the
determination of the action. Nothing contained in this article,
however, shall be construed as in any manner affecting, impairing or
interfering with the right of any owner, lessee or occupant of lands
bordering upon or adjacent to the Hudson river or Catskill creek to the
unrestricted use of the premises owned, leased or occupied by him for
any lawful purpose.