§ 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.
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