51. Subject to any jurisdiction of the Dominion of Canada in this respect and to the provisions of any acts passed in the exercise of such jurisdiction, any person who throws into any river, stream, creek or brook, any bark, slabs, waste stuff or other refuse of any saw mill, or stump, root, shrub, tan-bark or leached ashes, and allows the same to remain and to obstruct such river, stream, creek or brook, shall incur a penalty of not more than $20 nor less than $0.20 for each day during which such obstruction remains there, over and above all damages resulting therefrom.
Nevertheless, if the obstruction be caused without malicious intent, in good faith or in the exercise of a right, the person causing the same shall not be liable to any fine or damages unless upon failure to remove the obstruction after notice and within a reasonable time.
R. S. 1964, c. 84, s. 51.