§ 85 — Penalty

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