consent

A concurrence of wills. Express consent is that directly given, either vivo voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the consent has been given. Cowen v. Paddock, 62 Hun, 622, 17 N. Y. Supp. 388. Consent in an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. 1 Story, Eq. Jur. § 222; Plummer v. Com., 1 Bush (Ky.) 76; Dicken v. Johnson, 7 Ga. 492; Mactier v. Frith, 6 Wend. (N. Y.) 114, 21 Am. Dec. 262; People v. Studwell, 91 App. Div. 469, 86 N. Y. Supp. 967. There is a difference between consenting and submitting. Every consent involves a submission ; but a mere submission does not necessar-ril.v involve consent. 9 Car. & P. 722.

— Consent decree. See Decree.

— Consent judgment. See Judgment.

A concurrence of wills; an agreement to something to be done or proposed to be done. v. Assent; Consensus. Consent rule: a stipulation in the form of a rule, by which the defendant in ejectment upon appearing admits or confesses the necessary fictions, — lease, entry, ouster, etc.

A concurrence of wills. Hepress consent is that directly given, either viva voce or in writing. Implied consent is that manifested by signs, actions, or facts, or by inaction or silence, which raise a presumption that the: consent has been given. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance the good or evil on each side. 1 Story, Eq. Jur. § 222. There is a diiference between consenting and submitting. Every consent involves a submission; but a mere submission does not necessarily involve consent, 9 Car. & P. 722.

Agreement of mind; concurrence of wills; approval. Compare Assent; Consensus. An agreement of the mind to what is proposed or stated by another.6 The synonym of assent, acquiescence, conoui Tence; agreement or harmony of opinion or sentiment.^ Implies assent to some proposition submitted. In cases of contract, means the concurrence of wills. Supposes a physical power to act, a moral power of acting, and a serious, determined, and free use of these powers.^ The theory of the law in regard to acts done and contracts made by parties, affecting their rights, is, that in all cases there must be a free and full consent to bind the parties. Consent is an act of the reason, ' See Eogers v. Cruger, 7 Johns. •Oil (1808); Morrison V. Underwood, 5 Cush. 55 (1849); Cushing v. Worriok, 9 Gray, 386 (1857); Wilkinson's Appeal, 65 Pa. 190 (1870). » Chicago & Northwestern E. Co. v. United States, 104 U. S. 687 (1881). ' 3 See 99 U. S. 581; 80 Conn. 98; 41 N. H. 465; 9 Barb. 17; 2 Pars. Contr. 759. 4 1 Greenl. Ev. § 197. 1 Day V. Caton, 119 Mass. 515-16 (1876), cases. " Plummer v. Commonwealth, 1 Bush, 78 (1866). accompanied with deliberation... Hence, if consent is obtained by meditated imposition, circumvention, surprise, or undue influence, it is to be treated as a delusion, and not as a deliberate and free act of the mind... Upon thfs groimd the acts of a person non compos mentis are invalid.' Consent rule. See Ejectment. Consensual. 1. Formed by mere consent. In civil law, a contract of sale is consensual; not so a contract of loan. In the case of a sale, upon consent given, the parties have reciprocal actions; in the case of a loan, there is no action till the thing is delivered.^ 3. In the sense of resting upon mere consent, all contracts, except marriage, may be said to be consensual. See Acquiescence; Age; Decree; Duress; Ratification.

[Lat. consensus, from consentire, to think together.] A concurrence of wills. Pothier, Contr. of Sale, part 2, sect. 1, art. 3. See Consensus. Consent is an act of reason, accompanied with deliberation, the mind weighing as in a balance, the good or evil on each side. 1 Story's Equity Jurisp. § 222. The consent of parties, which is of the essence of the contract of sale, consists in a concurrence of the will of the seller to sell a particular thing to the buyer for a particular price, and of the buyer to buy of him the same thing for the same price. Pothier, ub. sup. See Consensus, and the maxims ibid.

is an agreement to something proposed, and differs from assent, (q. v-) Wolff, Ins. Nat. part 3, § 1054. Consent is either express or implied. Express when it ig given viva voce, or in writing; implied, when it is manifested by signs, actions or facts, or by inaction 1, When a legacy is given with a condition annexed to the bequest, requiring the consent of executors to the marriage of the legatee, and under suchaconsent being given a mutual attachment has been suffered to grow up, it would be rather late to state terms and conditions on which a marriage between the parties should take place, 2 Ves. & Beames, 234; Ambl. 264; 2 Freem. 201; unless such consent was obtained by deceit or fraud, 1 Eden, 6; 1 Phillim. 300; 12 Ves. 19.—2. Such a condition does not apply toa second marriage. 3 Bro. C. C. 145; 3 Ves. 230.—3. If the consent has been substantially given, though not modo et forma, the legatee will be held duly entitled to the legacy. 1 Sim. & Stu. 172; 1 Meriv. 187; 2 Atk. 265.—4. When trustees under a marriage settlement are empowered to sell ‘ with the consent of the husband. and wife,” a sale made by the trustees without the distinct consent of the wife, cannot be a due execution of their power. 10 Ves. 378.—5. Where a power of sale requires that the sale should be with the consent of certain specified individuals, the fact of such consent having been given, ought to be evidenced in the manner pointed out by the creator of the power, or such power will not be considered as properly executed. 10 Ves. 308. Vide, generally, 2 Supp. to Ves. jr. 161, 165, 169; Ayliff’s Pand. 117; 1 Rop. Leg. 345, 539. Gon SEQUENTI AL DAMA-