Section 264. Mohawk basin, at Green Island  


Latest version.
  • Whenever the owner or lessee of
      lands contiguous to lands of the state bordering on the Mohawk basin  at
      Green  Island,  and  lying between the lands of such owner or lessee and
      such basin, shall require the ice  formed  in  such  river  between  the
      center  thereof  and  such lands of the state for the purpose of filling
      any icehouse now erected, or which may at the time of the  formation  of
      such  ice  hereafter  be erected, on such lands contiguous to such state
      lands, such owner or lessee of such lands and icehouses shall  have  the
      exclusive   privilege,  and  without  obtaining  any  permit  under  any
      provision of the canal law, of cutting and harvesting  all  the  ice  so
      formed  in  such  basin  in  said river in front of and adjacent to such
      lands of the state between the same and the center  of  the  basin,  and
      opposite such privately owned or leased lands; provided that the nearest
      boundary  of said land is not more than fifty (50) feet removed from the
      shore line of the basin, and provided such owner or  lessee  shall  have
      indicated  his  intention of exercising such privilege by staking out so
      much of said ice as shall be required for said  purpose,  which  staking
      out shall not be required before the ice has a thickness of four inches,
      and provided, also, such owner or lessee shall surround any cuttings and
      openings  with  fences of bushes or other safeguards as a warning to all
      persons. It shall not be lawful for any person other than the  owner  or
      lessee  of such lands and icehouses to take possession of or cut the ice
      so staked out within the area covered by the  privilege  above  granted,
      and  the  same  is  prohibited  after  such  owner  or lessee shall have
      complied with the foregoing requirements. The provisions of section  two
      hundred  and sixty-one, relative to ice in the Hudson river, shall apply
      to ice within the area staked out in the Mohawk basin  by  an  owner  or
      lessee  in  compliance with the provisions of this section. This section
      shall not apply to that portion of the land where the  nearest  boundary
      recedes more than fifty (50) feet from the shore line of the basin.