Thursday, October 13, 2011

State Grants 'Exclusive Right'

Laws of New York,  1804, Vol. 3 Page 612.
   An ACT granting to Levi Stephens end Jason Parker, the exclusive Right for a certain Term of running Stage Waggons between the Village of Canandaigua and the Village of Utica.
Passed March 31st, 1804.
I. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Levi Stephens and Jason Parker, their executors, administrators and assigns, shall have, possess and enjoy for the term of seven years, from the first day of June next, the sole and exclusive right of erecting, running and driving during the term aforesaid, such and so many stage waggons from and to the village of Canandaigua, and the village of Utica aforesaid, on and along the Genesee road or Seneca turnpike, as may be sufficient to accommodate such a number of passengers as may from time to time apply;  and that it shall not be lawful for any other person or persons during the term aforesaid, to erect or establish a stage or line or stages on said route, under the penalty of five hundred dollars, to be recovered by the said Levi Stephens and Jason Parker, their executors, administrators or assigns to their own use, together with costs, by an action of debt, in any court of record having cognizance thereof.
II. And be it further enacted, That the said Levi Stephens and Jason Parker, their executors, administrators and assigns, shall furnish and provide at least four good and sufficient covered stage waggons or sleighs, with sufficient horses, to run between the places aforesaid; and that the fare to be paid by each passenger, shall not exceed five cents for every mile, with the liberty to every such passenger of taking with him in such carriage fourteen pounds weight of baggage, and that for every one hundred and fifty pounds weight of baggage over and above such fourteen pounds weight of baggage as aforesaid, the sum of five cents for every mile shall be paid, and so in proportion for any greater or less quantity; and that such stage waggon, or waggons or sleighs, shall proceed at least twice in every week, during the said term on the line aforesaid: Provided always, That if the said Levi Stephens and Jason Parker, their executors, administrators or assigns, shall willfully neglect or refuse to perform the duties aforesaid, according to the true intent and meaning of this act, that in such case this act shall cease, and the right and privilege hereby granted shall be null and void.
III.  And be it further enacted, That the said Levi Stephens and Jason Parker, their executors or administrators, shall uniformly start the said stage, and proceed upon days stated and appointed for that purpose ; and shall for all the time in each year, between the first day of June, and the first day of October, perform and accomplish the said route between the villages aforesaid, within forty-eight hours (unavoidable accidents excepted) from and after the time so as aforesaid appointed and stated, for the starting and proceeding of the said stage ; and that they shall not take into the said stage at any one time, more than seven grown passengers with their usual travelling baggage, to be conveyed upon the said road without the unanimous consent of the said seven passengers; and whenever a greater number of persons than seven shall apply for passage, and cannot be accommodated as aforesaid, is to the number of four grown persons, the said Levi Stevens and Jason Parker, their executors or administrators, shall immediately fit out and start an extra stage, covered and convenient for the conveyance and accommodation of stage passengers, and which said extra stage shall be subject to all the rules and regulations of the said principal stage ; and if at any time any person or number
of persons less than four, who cannot be accommodated by a passage in the said principal stage, and shall apply for an extra passage for any distance more than ten miles upon the said road, and shall at any usual stage house in the said villages of Utica, and Canandaigua, offer the fare for four passengers at fix cents per mile, then and in such case it shall be the duty of the proprietors of the said stage, immediately to fit out and start an extra stage as aforesaid, for the accommodation of the said person or persons applying for passage as aforesaid: Provided always,
IV. And be it further enacted, That nothing herein contained shall be construed to prevent or restrain any person or persons from travelling upon the said road in private carriages.

Laws of New York, 1807
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