1758: 31 George 2 private act 22: An Act for Establishing Agreements between Charles Brandling, Esquire, and other Persons, Proprietors of Lands, for laying down a Waggon-Way, in order for the better supplying the Towns and Neighbourhood of Leeds, in the County of York, with Coals.

Whereas Charles Brandling, Esquire, Lord of the Manor of Middleton, in the County of York, is Owner and Proprietor of divers Coal-works, Mines, Veins, and Seams of Coals, lying and being within the said Manor of Middleton, and Places adjacent; and hath proposed, and is willing to engage and undertake, to furnish and supply the Inhabitants of the Town of Leeds with Coals for their necessary Use and Consumption, at the Rate or Price of Four Pence Three Farthings a Corf, containing in Weight about Two hundred and Ten Pounds, and in Measure Seven thousand Six hundred and Eighty cubical Inches, for the Term of Sixty Years, to commence from the Second Day of January One thousand Seven hundred and Fifty-eight, and for such further Term, or longer Time, as the said Mines, or any of them, shall continue to be used and wrought; and, at his own Charge and Expense, to carry and convey, or cause to be carried and conveyed, from his said Coal-works yearly, and every Year, Twenty thousand Dozen, or Two hundred and Forty thousand Corfs, of Coals at the least; and to lay up and deposit such Coals, or cause the same to be laid up and deposited, upon a certain Field or open Place called Casson Close, near the Great Bridge, at Leeds, in order to be there sold and delivered, at the Rate and Price aforesaid, unto the Inhabitants of the said Town of Leeds, or to such other Persons as shall purchase the same; and, as the said Coal-mines and Coal-works lie at the Distance of Twp Miles and upwards from the said Field or Place called Casson Close, intended for a Coal-yard or Repository for the said Coals so to be sold and disposed of, and it will, therefore, be absolutely necessary, for carrying the said Proposal into Execution, that a Waggon-Way (such as is used for and about the Coal-works and Coal-mines in the Counties of Durham and Northumberland) should be made, framed, laid down, and continued, between the said Coal-works and the said Casson Close Coal-yard and Repository, in, over, and through, divers Fields, Lands, and Grounds, in the Parish of Leeds, which belong to, and are the Estate and Property of, divers Persons; as the several Owners and Occupiers whereof have consented and agreed that the said Charles Brandling, his Executors, Administrators, and Assigns, shall and may have the Liberty and Privilege to make, place, and lay down, such Waggon-Way or Ways, for the Carriage and Conveyance of Coals, in, upon, and over the same, or any Part or Parts thereof respectively, as to him and them shall seem proper and requisite; and also to continue, and, from time to time, to repair, maintain, and support, the same Waggon-Way or Ways during the Term aforesaid, as he and they will think necessary and expedient; and the said Charles Brandling hath agreed to pay such yearly Rent, or other Considerations, for the said Liberty and Privilege, as will not only exceed the Damage to be thereby done to the said Lands and Grounds, but confidently increase the yearly Rent and Value thereof, and be manifestly for the Benefit of the Owners thereof for the Time being.

And whereas the carrying the said Proposal and Agreement into Execution will be a great Advantage, not only to the Inhabitants of the Towns of Knaresborough, Ripon, Boroughbridge, Aldborough, and Ripley, in the West Riding of the said County of York, who are many of them supplied with Coals from the said Coal-works at Middleton, by saving the Length and Expense of Carriage, through very bad Roads, for Five Miles and upwards, but also to the Inhabitants of the Town of Leeds aforesaid, where Two hundred and Forty thousand Corfs of Coals and upwards are computed to be yearly consumed, by effecting a very considerable Reduction in the Price of Coals to the said Inhabitants, which will be a great Ease and Relief to the Persons employed in the Woollen Manufactory, and tend to the Encouragement and Improvement of Trade and Commerce in that Country; But, as some of the Owners and Proprietors of the Lands and Grounds so to be used and employed for the said Waggon-Way, and Purposes herein before mentioned, may happen to have only a limited and not an absolute Interest and Property therein, and may be under other Disabilities to assure to the said Charles Brandling, and his Assigns, the Enjoyment of the said Powers, Liberties, and Privileges, necessary to render the said Agreement effectual for the Purposes aforesaid, without the Aid and Authority of an Act of Parliament:

May it therefore please Your MAJESTY,

At the humble Petition and Request of Your Majesty’s most Dutiful and Loyal Subjects the said Charles Brandling, and the Owners and Proprietors of the said Lands and Grounds so intended to be used and employed as aforesaid, That it may be Enacted, and be it Enacted, by the KING’s most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same. That it shall and may be lawful to and for the said Charles Brandling, his Executors, Administrators, or Assigns, at any Time or Times after the first Day of May One thousand Seven hundred and Fifty-eight, to make, lay, and place, such Waggon-Way or Road, Waggon-Ways or Roads, as aforesaid, and such Branches from the same, in, upon, through, and over, any of the Fields, Lands, Wastes, or other Grounds, of and belonging to the several Persons who have contracted and agreed with him for that Purpose and on that Behalf, or any Part or Parts thereof respectively, as shall be proper or necessary for the Carriage and Conveyance \ of Coals, with Horses, Waggons, or other Carriages, from the said Coal-mines or Coal-works of him the said Charles Brandling, within the Manor of Middleton or elsewhere, or Which he, his Heirs, Executors, or Administrators, may, at any Time hereafter, be seized, possessed of, or interested in, to the said Repository Or Coal-yard in Casson Close aforesaid, as the said Charles Brandling, his Executors, Administrators, or Assigns, shall think fit and convenient; and also, from time to time, as Occasion shall require, during the Term herein after-mentioned, with Workmen, Servants, Horses, and Carriages, to carry, convey, fix, lay, and place, Wood, Timber, Bricks, Stone, Earth, Gravel, Iron Rails, Sleepers, and other Materials, into, in, and upon, the said Fields, Lands, Wastes, and other Grounds, or any Part or Parts thereof and also to cut, dig, and make, any Trench or Trenches, Bridge or Bridges, and to do all other Acts and Things whatsoever, requisite, necessary, or convenient, as well for the making, laying, and placing, the said Waggon-Way or Ways, and Branches, as for the repairing and keeping the same in good Order and Repair, from time to time, as Occasion shall require; and also that it shall and may be lawful to and for the said Charles Brandling, his Executors, Administrators, or Assigns, and his and their Servants, Agents, and Workmen, and other Persons by him and them employed, to go, pass, and repair, in, upon, and along, the said Waggon-Way or Waggon-Ways, and Branches, so to be made as aforesaid, with Horses or other Beasts of Burden or Draught, Waggons and other Carriages, loaded or unloaded, to, from, and between, the said Coal-mines and Coal-works and the said Repository or Coal-yard, from time to time and at all times, during the said Term; and that by the said Charles Brandling, his Executors, Administrators, or Assigns, shall and may have, hold, use, exercise, and enjoy, the said Waggon-Way or Ways, and Branches, and all and every the Powers, Liberties, Privileges, and Premises, hereby given and granted to and vested in him, as aforesaid, from the said First Day of May for and during the Term of Sixty Years from thence next ensuing, and fully to be complete and ended, and for such further Term or longer Time as the said Coal-works, Collieries, or Coal-mines, now belonging to him the said Charles Brandling, or any other Coal-works, Collieries, or Coal-mines, whereof or wherein he, his Executors or Administrators, shall, during the said Term of Years, or longer Time, be seized, possessed of, or interested in, within the said Manor of Middleton, or elsewhere, shall continue to be used and wrought, freed and discharged, and absolutely acquitted and exonerated, of, from, and against, all the Uses, Estates, Limitations, and Interests, made, granted, or limited, by any, of the Persons who have contracted or agreed with the said Charles Brandling for the Use of such Waggon-Way or Ways as aforesaid, or those under whom they, or any of them, do respectively claim, he the said Charles Brandling, his Heirs and Assigns, yielding and paying such yearly or other Sum or Sums of Money and Considerations unto the Owners and Proprietors, for the Time being, of the said Fields, Lands, Wastes, and other Grounds, respectively, in and upon which the said Waggon-Way shall be laid and placed, as by and between the said Charles Brandling, and the several Owners and Proprietors of the said Fields, Lands, Wastes, and other Grounds respectively, were and are stipulated and agreed to be paid for and in Consideration of the same respectively.

Provided always, and it is hereby further Enacted and Declared, That if any of the yearly or other Rents or Payments, so stipulated and agreed to be paid by him the said Charles Brandling, his Executors, Administrators, or Assigns, or any Part thereof respectively, shall be behind, unpaid, and in Arrear; for Forty Days next after any of the Feasts or Days stipulated, agreed, and appointed, for Payment thereof. Demand having been first made thereof at the Mansion-House of the said Charles Brandling, in Middleton aforesaid; then, and in such case, from time to time, as often as it shall so happen, it shall and may be lawful to and for the Person and Persons entitled, for the Time being, to such Rent or Sum of Money respectively so unpaid and in Arrear, to enter into and upon such Part of the said Waggon-Way or Ways as shall be laid, made, and placed, in or upon any of the Lands or Grounds of such Person and Persons respectively, and to stop all such Waggons, and other Carriages, as shall be leading or carrying Coals along the same; and to keep and detain the said Waggons, and the Loading thereof, until such yearly or other Sum of Money, and all Arrears thereof, and all Costs and Charges, and Expenses, attending and occasioned by such stopping, detaining, and keeping, the same, shall be fully paid, satisfied, and discharged.

And, for the better ascertaining and declaring the several yearly Rents, Payments, and Reservations, so agreed to be paid by the said Charles Brandling, his Executors, Administrators, or Assigns, for the Liberty, Privilege, and Use, of such Waggon-Way or Waggon-Ways as aforesaid; and for obviating and preventing any Controversies or Disputes that might otherwise arise concerning the several Contracts and Agreements; be it further Enacted, That it shall and may be lawful to and for the several Owners and Proprietors of the Lands and Grounds, in and upon which such Waggon-Way or Ways shall be made, placed, and laid down, as aforesaid, and they are hereby authorized and required, by Indenture or Indentures under their respective Hands and Seals, to grant, lease, or demise, such of the several Fields, Lands, Wastes, and other Grounds, so belonging to them respectively, or the Liberty and Privilege of making, laying, placing, and continuing, such Waggon-Way or Ways in, upon, and over, the same respectively, unto him the said Charles Brandling, his Executors, Administrators, and Assigns, for the said Term of Sixty Years, commencing as aforesaid, and for such further, term or longer Time as such Coal-works, Collieries, or Coal-mines, within the said Manor of Middleton, or elsewhere, as aforesaid, shall continue to be used and wrought; with such Remedies and Powers for securing, recovering, and enforcing, the Payment of the several yearly Rents, Payments, Reservations, and Considerations, contracted or agreed to be paid for the same, as are herein before directed, ordered, and provided, in that behalf; and with such Covenants on the Part and Behalf of the respective Parties to the said Leases or Demises, as shall be proper to be inserted therein respectively, in Conformity to the Tenor, Purport, and true Meaning, of the several Contracts or Agreements between the said Parties respectively.

And be it further Enacted and Declared, That the said several Indentures shall be enrolled in the public Register-Office, kept at Wakefield, for registering Deeds in the West Riding of the County of York; and the Register of the said West Riding, or his Deputy, is hereby required to inroll the same in the proper Book for inrolling Bargains and Sales of Land; taking the usual Fees allowed by Act of Parliament, and no more; and a Copy of such Inrollment, under the Hand of the said Register, or his Deputy, shall be allowed and read in Evidence in all Courts of Law and Equity.

And it is hereby also Enacted and Declared, That the said Grants, Leases, and Demises, so to be made and executed, as aforesaid, shall be as good, valid, and effectual, in the Law, to all Intents and Purposes, as if the Persons making and executing the same were respectively seised, in Fee-Simple, of and in the Lands and Grounds thereby respectively to be granted, leased, or demised.

Provided always, and it is hereby further Enacted and Declared, That in case the said Charles Brandling, his Heirs or Assigns, shall cease or leave off to work the said Collieries or Coal-works aforesaid, or the same shall fail, and become incapable to be wrought, by Fire, Water, or other inevitable Accident; or in case the said Charles Brandling, or other Owner and Proprietor thereof, for the Time being, shall refuse or neglect, in any One Year, to bring, or cause to be brought, to the Repository or Coal-Yard aforesaid, the Quantity of Dozens of Corfs of Coals herein before mentioned, unless prevented by Fire, Water, or other inevitable Accident; or shall refuse to sell, or to offer the same to Sale, when brought down to the said Coal-yard, for the Use and Consumption of the Inhabitants of the said Town of Leeds, at the Rates or Price before mentioned, as by them respectively shall be required; then, and in either or any of the said Cases, it shall and may be lawful to and for the Owners and Proprietors of the several Lands and Grounds belonging to them respectively, which shall be used and applied for the Purpose of such Waggon-Way or Ways as aforesaid, to enter into and upon the several Lands and Grounds belonging to them respectively, which shall be used and employed for the Purpose of such Waggon-Way or Ways as aforesaid; and then also all the Estate, Right, Interest, and Privilege, of him the said Charles Brandling, his Executors, Administrators, or Assigns, of and in the same, shall, in that Case, and from thenceforth, cease, determine, and be void.

Provided always, That in such case it shall and may be lawful to and for the said Charles Brandling, his Executors, Administrators, or Assigns, upon Twelve Months Notice to be given or left, in Writing, to and for the several Owners and Proprietors of the said Fields, Lands, Wastes, and other Grounds, respectively; in that behalf, to enter into and upon any of the said Lands and Grounds, whereon such Waggon-Way or Ways shall be laid and placed, and with Servants, Workmen, Horses, Carts, and Carriages, to remove, take, and carry away, all the Timber, Wood, Iron, Materials, and Utensils whatsoever, used and employed in and about the same Waggon-Way or Ways, to and for his and their own Use and Benefit, and at his and their Will and Pleasure; he and they filling up the Ditches and Trenches, levelling the Ground, and putting the same in as good Order and Condition as the same would have been, in case such Waggon-Way or Ways had not been laid and placed upon the same, or as near as the same can be done.

Source: Railway Archive.

Further reading: Wikipedia.