Section 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.