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.

References in periodicals archive ?
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.
Note concludes that the independent-and-unambiguous consent rule is much
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.
Under the presumed consent rule it is hoped doctors will find it easier to persuade them to agree to a lovedone's organs being removed.
the maker of PolyHeme, permission to conduct its Phase III clinical trial under an exception to the informed consent rule for emergency research.
The Senate's maneuver - approving last year's bill under a unanimous consent rule that blocks debate on amendments on critical issues such as global warming or fuel efficiency standards for vehicles - means that the new national energy agenda will now be finalized in a joint House-Senate conference committee where Republicans control both sides of the table.
The National Association of Chain Drug Stores has long fought the consent rule, which was adopted by the Clinton administration.