§ 85. Penalty. Any corporation or individual continuing to divert
water from such fresh water stream without maintaining the navigable
depth of the tidewater creek or estuary into which it flows, as herein
provided for, shall be liable to a penalty of fifty dollars per day for
each and every day such diversion is continued, computing from the
expiration of forty days after notice is given as provided in section
sixty-one, which penalty may be sued for and recovered by such
supervisor or village president in the name of the town or village in
which such tidewater creek is so located, and the amount recovered shall
be paid into the treasury of such town or village.