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.