York & N. M. (East Riding Branches) No. 1. Railway Act, 1846, was, and still is, owner of lands and other hereditaments situate in the said parish of Cherry Burton, in the East Riding of the county of York, through which the railway in the last mentioned Act firstly as herein before recited described was by the last mentioned act authorized to be made and pass, and that the last mentioned line of railway, as laid down and delineated in the plans next hereinafter mentioned, intersected his said lands and other hereditaments, as well at that part thereof which by the said York & N. M. Railway Act, 1849, was authorized to be abandoned as at that part thereof for the making of which the time was extended as hereinbefore mentioned, and that the said lands and tenements are respectively shewn on the plans in that behalf deposited with the respective clerks of the peace as in the said York & N. M. (East Riding Branches) No. 1. Railway Act, 1846, mentioned, and that the name of the said David Burton is contained in the books of reference to the said plans so deposited as aforesaid: and further that the said D. Burton, at the time of the passing of the said York & N. M. Railway Act, 1849, was, and still is, owner of other lands and hereditaments situate in the said parish of Cherry Burton in the said East Riding, through which the before mentioned line of railway in the last mentioned Act firstly described was thereby authorized to be made and pass, and that the last mentioned lands and tenements are respectively shewn in the plans in that behalf deposited &c., as in the said act is mentioned, and that the name of the said D. B. is contained in the books of reference to the said plans so deposited &c.: And whereas We have also been given to understand &c. that John Leaing, at the time 1852. The QUEEN V. YORK and Railway 1852. V. YORK aud NORTH MIDLAND Railway Company. of the passing of the before mentioned acts respectively The QUEEN (of 1846 and 1849), was and still is owner of lands and tenements situate in the aforesaid township and parish of Market Weighton through which the said railway in the said York & N. M. (East Riding Branches) No. 1. Railway Act, 1846, firstly as above described was by the said last mentioned act authorized to be made and passed, and that his said lands and tenements are respectively shewn on the plans &c. deposited &c. as in the said act is mentioned, and that the name of the said J. L. is contained in the books of reference &c., and that a portion of the said lands and tenements of the said J. L. which you were by the said act authorized to take were required by and were duly conveyed and assured to you the said Company, and were taken and used by you for the purposes of the last mentioned railway under the authority of the said act and the other acts incorporated therewith or extended thereto, and that the remaining portion of his said lands and tenements adjoining the lands and tenements so taken by you as aforesaid are much lessened in value by reason of the non-completion of the said line of railway: And whereas We have further been given to understand &c. that the portion of the line of railway authorized by the said York & N. M. (East Riding Branches) No. 1. Railway Act, 1846, for the making of which the powers of you the said Company for the compulsory purchase of lands were by the said York & N. M. Railway Act, 1849, extended and enlarged as aforesaid for the further term of two years, is of the length of three miles or thereabouts, and, further, that the said D. Burton and J. Leaing are desirous that the hereinbefore mentioned line of railway authorized by the said York & N. M. Railway Act, 1849, and firstly therein described, should be made and completed, and that the making and comple 1852. V YORK and Railway tion of the same would be of great public advantage by The QUEEN affording to the inhabitants of the said towns of Beverley and of Cherry Burton, Elton, and the surrounding districts, means of speedy and easy communication with York and the North of England, and Selby and the West of England, and the inhabitants of the districts intervening between Market Weighton and Cherry Burton aforesaid means of speedy and easy communication with Beverley aforesaid and with Hull, Driffield, Bridlington, Scarborough, Whitby and Malton: and although the said D. Burton and J. Leaing have duly required you to do and take all necessary acts and steps, both as to the purchase of lands and otherwise for making and completing the last mentioned line of railway: Yet you, not regarding your duty in that behalf, nor the said statutes, have absolutely refused and neglected, and still do refuse &c., to make and complete the said line or any part thereof, or to take or commence any steps or acts, step or act for that purpose, to the great damage and injury of the said D. Burton and J. Leaing, as We have been informed from their complaint made to Us; whereupon they have besought Us that a fit and speedy remedy may be applied &c. Now We, being willing &c., do command you &c.: That, immediately after the receipt of this Our writ, you do proceed to purchase the lands necessary to, and required for, the making and completing of the said line of railway by the said York & N. M. Railway Act, 1849, authorized to be made, and firstly therein described as aforesaid, and proceed to make, and do make, and complete, the said line of railway, pursuant to the provisions of the last mentioned act and of the acts therein incorporated in that behalf contained; or that you shew Us cause &c. 1852. The QUEEN v. YORK and Return. We, &c., do certify and return &c.: That the annexed writ came to us on the 24th day of December, A.D. 1851, and not before: And that the period by the York & North Midland (East Riding Branches) No. 1. Railway Act, 1846, limited, and by the York & North Midland Railway Act, 1849, extended, as in the said writ mentioned, for the compulsory purchase of the lands by the York & N. M. &c. Act, 1846, authorized to be taken for the purposes of that act, so far as relates to the lands required for the purposes of so much of the railway by the last mentioned act authorized to be made from the York & Scarborough railway near the city of York to or near to Beverley as lies between the point on the same authorized railway near the said highway leading from Elton to Cherry Burton and the termination of the said authorized line of railway at or near to Beverley, and which is of the length of three miles as is stated in the annexed writ, expired before the issuing of the annexed writ, namely on 13th July A. D. 1851; and that no part of such portion of the said railway by the said last mentioned act authorized to be made as lies between the point on the same authorized railway near the said highway leading from Elton to Cherry Burton and the termination of the said authorized line of railway at or near to Beverley aforesaid was, before the coming of the annexed writ to us, nor hath been, made; and that no part of the lands required, and by the last mentioned act authorized, to be taken for the purposes of the last mentioned portion of the last mentioned authorized railway was, before the coming of the annexed writ to us, nor hath been, purchased or taken by or on behalf of us the said Company: and that no agreement, negociation or treaty has ever been made or entered into, or notice given, or any other step taken by or on behalf of us the said Company for the purchase, acquirement or posses 1852. V. YORK and Railway sion of any part of the lands required and by the last The QUEEN mentioned act authorized to be taken for the purposes of the last mentioned portion of the last mentioned authorized railway: and that we the said Company, at the time of the coming &c., had not, nor have we, any power or authority to purchase or take any portion of such last mentioned lands; and we the said Company could not, at the time of the coming &c., nor can we, make the last mentioned portion &c., or any part thereof: and that the purchasing or acquiring, or taking or getting possession of, the last mentioned lands, and the making of the last mentioned portion &c. by us, was at the time of the issuing of the said annexed writ to us, and from thence hitherto hath been, and still is, impracticable and impossible: And that the said line of railway by the said York & N. M. Railway Act, 1849, authorized to be made, and which we the said Company are by the annexed writ commanded to make, is a mere diversion or deviation of an integral part of the said railway by the said York & N. M. &c. Act, 1846, authorized to be made as aforesaid: And that the point on the same railway near to the said highway is not the site of any town or village, and is three miles from the town of Beverley aforesaid, which is the nearest town to the said point, which is much too far from Beverley aforesaid to be adapted for the site of a station for that town; and that a station built there would be a very inconvenient station for the inhabitants of Beverley and for persons travelling to and from that place along the proposed railway, which we are commanded to make: And that Cherry Burton is a small and inconsiderable village: and that the population of Cherry Burton and |