Consent Rule

AJi eptry of record by the defendant, confessing the lease, entry, and ouster by the plaintiff, in an action of ejectment. This was, until recently, used in England and in those of the United States in which the action of ejectment is still retained as a means of acquiring possession of land. CONSENTIENTES ET AGENTES PARI poena plectentur. Those consenting and CONSENTIRE MATRIMONIO NON POSsunt infra annos nublles. Persons cannot consent to marriage before marriageable years. 5 Coke, 80; 6 Coke, 22.

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.

A proceeding iiled by the defendant in an action of ejectment, by which he bound himself to admit all the necessary fictions. Consentientes et agentes pari poena plectentur, /. Those who consent (to an act) and those who act shaU be punished equally.

In practice. A stipulation in the form of a rule, which a defendant in an action of ejectment enters into at the time he enters an appearance, in which he specifies for what premises he intends to defend, and also undertakes to confess upon the trial, not only the fictitious lease, entry, and ouster mentioned in the declaration, but that he (if he defend as tenant, or if he defend as landlord, then that his tenant,) was at the time of the service of the declaration in the possession of such prenuses; and that if, upon the trial the defendant shall not confess such possession, as well as lease, entry and ouster, whereby the plaintiff shall not be able further to prosecute his suit against the defendant, then no costs shall be allowed for not further prosecuting the same, but the defendant shall pay the taxed costs to the plaintiff. This is the present form of the rule in England. Chitt, Archb. Prac, 750. Archb. New Prac, 323. 3 Steph. Com. 673.