Consent Rule

An entry of record by the defendant, confessing the lease, entry, and ouster by the plaintiff, in an action of ejectment. This was. until recently, u England, and still is in those states in which ejectment is still retained as a means of acquiring possession of land. The consent rule contains the following particulars, viz.: first, the person appear' ing consents to be made defendant instead of the casual ejector; second, he agrees to appear at the suit of the plaintiff, and, If the proceedings are by bill, to file common bail; third, to receive a declaration in ment, and to plead not guilty; fourth, at the trial of the case, to confess lease, entry, and ouster, and to insist upon his title only; fifth, 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 cost of the rum pros., and suffer judgment to be entered against the casual ejector; sixth, 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; seventh, that, when the landlord appears alone, 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; Ad. Eject. "_'."".

See, also, Jackson v. Stiles, 2 Cow. (N. Y.) 442; Jackson v. Denniston, 4 Johns. (N. Y.) 311.