Tithe Rentcharge (Ireland) Act 1838

What it shall be sufficient to allege in Proceedings relating to the Exemption of Lands from Tithe under this Act.

XXII. And be it enacted, That in all Proceedings to be taken after the passing of this Act for the Purpose of determining the Exemption or Discharge of any Lands from Tithes, it shall be sufficient to allege that the Modus or Exemption or Discharge claimed was actually exercised and enjoyed for such of the Periods mentioned in this Act as may be applicable to the Case; and any Provision, Exception, Incapacity, Disability, Contract Agreement, Deed or Writing herein mentioned, or any other Matter of Fact or Law not inconsistent with the simple Fact of the Exercise and Enjoyment of the Matter claimed, shall be specially alleged and set forth, and shall not be received in Evidence on any general Traverse or Denial of the Matter claimed.