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Lodgment in Court of rent, and undertaking to pay costs.
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62. It shall be lawful for any defendant in any action of ejectment for nonpayment of rent in any of the Superior Courts of Law, at any time before judgment or service of a notice of trial, to pay into Court a sum of money for rent, with an undertaking to pay the costs then incurred when taxed and ascertained, and in case of nonpayment to suffer final judgment to be marked, or an attachment to be issued against him; and thereupon the plaintiff, if he shall not accept of the said sum in full discharge of the action, with costs to be taxed by the proper officer, may proceed in the said action at his peril; and if upon the trial of the issue it shall appear that no greater sum was due for rent at the time of the service of the summons in ejectment than the sum paid into Court, the verdict shall be entered for the defendant.
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