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TITHE RENTCHARGE (IRELAND) ACT 1838 - SECT 18

Periods necessary to establish prescriptions and claims of any modus decimandi or exemption from tithes.

18. All prescriptions and claims of or for any modus decimandi, or of or to
any exemption from or discharge of tithes, shall in all cases whatever be
sustained and be deemed good and valid in law upon evidence showing, in cases
of a claim of modus decimandi, the payment or render of such modus, and, in
cases of claim to exemption or discharge, the enjoyment of the land without
payment or render of tithes, money, or other matters in lieu thereof, for the
full period of thirty years next before the establishment of a composition for
such tithes under the Acts for that purpose made, unless in the case of a
claim of a modus decimandi the actual payment or render of tithes in kind or
of money or other thing differeing in amount, quality, or quantity from the
modus claimed, or, in case of a claim to exemption or discharge, unless the
render or payment of tithes or of money or other matter in lieu thereof, shall
be shown to have taken place at some time prior to such thirty years, or it
shall be proved that such payment or render of modus was made or such
enjoyment was had by some consent or agreement expressly made or given for
that purpose by deed or writing; and if such proof in support of the claim of
exemption shall be extended to the full period of sixty years next before the
establishment of such composition, such claim shall be deemed absolute and
indefeasible, unless it shall be proved that such payment or render of modus
was made or such enjoyment was held by some consent or agreement expressly
made or given for that purpose by deed or writing; and where the render of
tithes or compositions for tithes might have been, incase this Act had not
been made, demanded by any archbiship, bishop, dean, prebendary, parson,
vicar, or other corporation sole, whether spiritual or temporal, or by the
said ecclesiastical commissioners, then every such prescription or claim shall
be valid and indefeasible upon evidence showing such payment or render of
modus made or enjoyment had as is herein-before mentioned, applicable to the
nature of the claim, for and during the whole time that two persons in
succession shall have held the office or benefice in respect whereof such
render of thithes in kind might have been claimed, and for not less than three
years after the appointment and institution or induction of a third person
thereto: Provided always, that if the whole time of the holding of such two
persons shall be less than sixty years, then it shall be necessary to show
such payment or render of modus made or such enjoyment had, not only during
the whole of such time but also during such further number of years either
before or after such time, or partly before and partly after, as shall with
such time be sufficient to make up the full period of sixty years, and also
for and during the futher period of three years after the appointment and
institution or induction of a third personto the same office or benefice
unless it shall be proved that such payment or render of modus was made or
such enjoyment was had by some consent or agreement expressly made or given
for that purpose by deed or writing.

© 1838 Crown Copyright

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