Consent rule

CONSENT RULE. In the English practice, still adhered to in some of the states of the American Union, the defendant in ejectment is required to enter on record that he confesses the lease, entry, and ouster of the plaintiff; this is called the consent rule.
     2. The consent rule contains the following particulars, namely: 1. The person appearing consents to be made defendant instead of the casual ejector; 2. To appear at the suit of the plaintiff; and, if the proceedings are by bill, to file common bail; 3. To receive a declaration in ejectment, and plead not guilty; 4. At the trial of the case to confess lease, entry, and ouster, and insist upon his title only; 5. That if at the trial, the party appearing shall not confess lease, entry, and ouster, whereby the plaintiff shall not be able to prosecute his suit, such party shall pay to the plaintiff the costs of the @nonpros, and suffer judgment to be entered against the casual ejector; 6. That if a verdict shall be given for the defendant, or the plaintiff shall not prosecute his suit for any other cause than the non-confession of lease, entry, and ouster, the lessor of the plaintiff shall pay costs to the defendant; 7. When the landlord appears alone, that the plaintiff shall be at liberty to sign judgment immediately against the casual ejector, but that execution shall be stayed until the court shall further order. Adams, Ej. 233, 234 and for a form see Ad. Ej. Appx. No. 25. Vide 2 Cowen, 442; 4 John. R. 311; Caines' Cas. 102; 12 Wend. 105, 3 Cowen, 356; 6 Cowen, 587; 1 Cowen, 166; and Casual Ejector; Ejectment.

Mentioned in ?
References in periodicals archive ?
This one-party consent rule is the law in 39 states, including Hawaii and New York.
The regulation will add new clarifications and simplifications for the consent rule, along with other new tools for protecting against unwanted communication tracking and more.
There are exceptions to this client consent rule where the CPA is complying with a validly issued subpoena or summons, is complying with laws and regulations, is participating in certain professional practice reviews or investigations, or is a defendant in administrative or legal proceedings.
conform to the 'one-party' consent rule while the remaining 11 are 'all-party' states.
So-called "dual purpose calls," which also contain other information, are equally covered; if the call has any advertising message in it, regardless of other content, the consent rule applies.
Because of the growing level of saber-rattling, the FCC has taken steps toward a possible revision of its retransmission consent rule, including steps that would make it harder for station owners to pull their signals if contract talks hit an impasse.
the individual consent rule: this standard prohibits an attorney from
Therefore, the dual consent rule required by the State Council's Regulations on Administration of Health Care Institutions virtually conflicts with the General Principles of Civil Law which has more enforcement power within the legal hierarchy.
Another proposed change to the current disbarment on consent rule would allow a lawyer to agree to disbarment on consent without specifically admitting to the Bar's charges.
The state's public health commissioner wants to retain the written informed consent rule, while the president of the Massachusetts Medical Society wants to drop the provision and treat HIV like any other communicable disease.
Senate Majority Leader Harry Reid had called for the measure to come to the floor under the Senate's unanimous consent rule to allow non-controversial bills to come to a vote.
This is known as the one party consent rule. There are 38 states and the District of Columbia follow federal Law and permit one party consent.