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PRESCRIPTION ACT 1832 - SECT 5

In actions on the case, &c. the claimant may allege his right generally, as at present.

5. In all actions upon the case and other pleadings, wherein the party
claiming may now by law allege his right generally, without averring the
existence of such right from time immemorial, such general allegation shall
still be deemed sufficient, and if the same shall be denied, all and every the
matters in this Act mentioned and provided, which shall be applicable to the
case, shall be admissible in evidence to sustain or rebut such allegation; and
in all pleadings to actions of trespass, and in all other pleadings wherein
before the passing of this Act it would have been necessary to allege the
right to have existed from time immemorial, it shall be sufficient to allege
the enjoyment thereof as of right by the occupiers of the tenement in respect
whereof the same is claimed for and during such of the periods mentioned in
this Act as may be applicable to the case, and without claiming in the name or
right of the owner of the fee, as is now usually done; and if the other party
shall intend to rely on any proviso, exception, incapacity, disability,
contract, agreement, or other matter herein-before mentioned, or on any cause
or matter of fact or of law not inconsistent with the simple fact of
enjoyment, the same shall be specially alleged and set forth in answer to the
allegation of the party claiming, and shall not be received in evidence on any
general traverse or denial of such allegation.

© 1832 Crown Copyright

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