[Eau Brink Cut] Act 1831

JurisdictionEngland & Wales
Citation1831 c. lxxiii
ANNO PRIMO & SECUNDO
GULIELMI IV. REGIS.
*****•*************#*#******#*#**#*************##**#*
Cap.
lxxiii.
An Act to alter, amend, and enlarge the Powers
of the several Acts now in force relating to the
new River or Cut from Eau Brink to King's
Lynn in the County of Norfolk, called the Eau
Brink Cut; and to raise further Funds for carry-
ing the said Acts into execution.
[6th September 1831.]
HERE AS an Act was passed in the Thirty-fifth Year of
the Reign of His late Majesty King George the Third,
intituled An Act for improving the Drainage of the
35
G.3.C.
77.
Middle and South Levels, Part of the Great Level of the Fens called
Bedford Level, and the Low Lands adjoining or near to the said
Levels, as also the Lands adjoining or near to the River Ouze in the
County of Norfolk, draining through the same to Sea by the Harbour
of King's Lynn in the said
County ;
and for altering and improving the
Navigation of the said River Ouze from or near a Place called Eau
Brink in the Parish o/"Wiggenhall Saint Mary in the said County to
the said Harbour of King's Lynn ; and for improving and preserving
the Navigation of the several Rivers
communicating
with the said River
Ouze: And whereas another Act was passed in the Thirty-sixth
Year of the Reign of His said late Majesty, intituled An Act for
36 G
extending the Term of the Tax on Lands, and Tolls
on
Goods, Wares,
and Merchandizes, granted by an Act
passed
in the Thirty-fifth Year
\_Local~] 18 P of
W
1622 1° & 2° GULIELMI IV. C^.lxxiii.
of
the
Reign of His present Majesty, intituled' An Act for improving the
' Drainage of the Middle and South Levels, Part of the Great Level of
' the Fens
called
Bedford Level, and
the
Low Lands adjoining or near
' to
the
said Levels, as
also the
Lands adjoining or near
to the
River Ouze
* in the County of Norfolk, draining through the same to Sea by the
* Harbour of King's Lynn in the said
County
; and for altering and
* improving the Navigation of the said River Ouze from or near a
' Place called Eau Brink in the Parish of Wiggenhall Saint Mary in
e the said County to the said Harbour of King's Lynn; and for improv-
' ing and preserving the Navigation of the several Rivers communi'
' eating with the said River Ouze:' And whereas another Act was
passed in the Forty-fifth Year of the Reign of His said late Majesty,
45G.3.C.72. intituled An Act for
explaining
and amending an Act passed in the
Thirty-fifth Year of His present Majesty, for improving the Drainage
of the Middle and South Levels, Part of
the
Great Level of the Fens
called Bedford Level, and certain Low Lands adjoining or near
thereto and to the River Ouze in the County of Norfolk; and for
improving the Navigation of
the
said River from or near a Place
called
Eau Brink to the Harbour of King's Lynn ; and for improving the
Navigation of the several Rivers communicating with the said River
Ouze: And whereas another Act was passed in the Fifty-sixth Year
56G.3.C.38. of the Reign of His said late Majesty, intituled An Act for amending
several Acts of His present Majesty, for improving the Drainage of
the Middle and South Levels, Part of
the
Great Level of the Fens
called Bedford Level, and
other
Lands therein mentioned; and for im-
proving the Navigation of
the
River Ouze in the County of Norfolk,
and of the several Rivers communicating therewith: And whereas
another Act was passed in the Fifty-eighth Year of the Reign of His
58G,3.c.48.
said late Majesty, intituled An Act for increasing the Fund for carry-
ing into
execution
several Acts of His present Majesty, for improving
the Drainage of the Middle and South Levels, Part of the Great Level
of the Fens called Bedford Level, and other Lands
therein
mentioned;
and for improving the Navigation of the River Ouze in the County of
Norfolk, and of the several Rivers communicating therewith: And
whereas another Act was passed in the Fifty-ninth Year of the Reign
59G.3.e.79.
of His said late Majesty, intituled An Act for altering and enlarging
the Powers of
several
Acts of His present Majesty, for improving the
Drainage of the Middle and South Levels, Part of the Great Level of
the Fens called Bedford Level, and other Lands therein mentioned;
and for improving the Navigation of the River Ouze in the County of
Norfolk, and of
the
several Rivers communicating therewith: And
whereas another Act was passed in the First and Second Years of the
I
& 2
G.
4.
Reign of His late Majesty King Geoyge the Fourth, intituled An Act
G.
64.
j-or
aitering and enlarging the Pmers of several Acts of His late
Majesty King George the
Third,
for improving the Drainage of the
Middle and South Levels, Part of
the
Great Level of the Fens
called
Bedford Level, and
other
Lands therein
mentioned
; and for
improving
the Navigation of the River Ouze in the County ^/"Norfolk, and of
the
several Rivers
communicating
therewith: And whereas the new River
or Cut called the Man Brink Cut, by the said first-recited Act
authorized and required to be made, has been completed, and the
greater Part of the Works provided for by the said several recited
Acts have been executed, but the Improvements thereby directed to
2 be
1°&2°GULIELMI IV. Cap.lxxiiL 1623
be made at a certain Sluice called Denver Sluiee have not been
effected, and some other of the said Works remain
.to
be executed :
And whereas by reason of the defective State of the Banks and
Bridges of the River Ouze between the said Denver Sluice and the
said Eau Brink Cut, at the Time of the opening of the said Cut,
some Injury has been occasioned, since the opening
thereof,
to some
Parts of the said Banks and Bridges, by the increased Velocity of the
Current of the Waters of the said River in consequence of the
Improvement of the Outfall of the same into the said Harbour of
King's Lynn, and it is just and reasonable that Compensation should
be made, from the Funds of the Commissioners of Drainage acting
under the Authority of the said recited Acts, to the Extent of such
Injury, so far as the same has been occasioned by the opening of the
said Cut: And whereas by the new Direction which the said Eau
Brink Cut has given to the Passage of the Waters of the said River
Ouze, the Course of the Channel in and through the said Harbour of
King's Lynn has been altered, and some of the Merchants and
Inhabitants of Lynn aforesaid have claimed Compensation, from the
Funds of the said Commissioners of Drainage, for Loss and Incon-
venience sustained by them in loading and unloading their Vessels
in the said Harbour, and for Deterioration in Value of their, Premises
adjoining to the said Harbour, in consequence of such altered Course
of the Channel: And whereas by reason of the said altered Course
of the Channel in and through the said Harbour of Lynn, an
increased Expence may be incurred in preserving and keeping open
the said Harbour, and it is proper that some Provision should be
made, from the Funds of the said Commissioners of Drainage, for such
increased Expence : And whereas the Funds which the said Commis-
sioners of Drainage are empowered to raise under the Authority of
the said recited Acts are inadequate to the several Purposes afore-
said, and it is necessary to increase the said Funds, and to alter,
amend, and enlarge the Powers and Provisions of the said Acts : And
whereas the said Commissioners of Drainage under the Authority of
the said recited Acts have caused a Bridge to be erected across the
said Eau Brink Cut at the lower End
thereof,
and the said Bridge is
found to be of great public Utility, and it is expedient that some
Provision should be made for the Maintenance and Repair
thereof:
And whereas the several Objects aforesaid cannot be effected without
the further Aid and Authority of Parliament: May it therefore
please Your Majesty 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 the said several recited Acts passed in the Thirty-fifth, Thirty- Recited Acts
sixth, Forty-fifth, Fifty-sixth, Fifty-eighth, and Fifty-ninth Years of to remain in
the Reign of His said late Majesty King George the Third, and in forc]e* ^ept
the First and Second Years of the Reign of His said late Majesty repealed by'
King George theiFourth, and all and every the Enactments, Powers, this Act.
and Authorities, Provisions, Penalties, Matters, and Things therein
contained, so far as they respectively stood in force at or immediately
before the passing of this Act, shall henceforth remain and continue
in force, and shall be as good, valid, and effectual for carrying this
Act into execution, as if the same had been repeated and re-enacted

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