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Tender before writ of habere executed.
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64. It shall be lawful for the defendant in any ejectment for nonpayment of rent in any of the Superior Courts, or any other person having a specific interest in the lease or other contract of tenancy, at any time before the writ of habere facias possessionem shall be executed, to pay to the plaintiff, his executors or administrators, or his known agent or receiver, or to the attorney in the cause, all the rent and arrears due at the time of the service of the ejectment, together with the costs, or a sum sufficient to cover such costs, or to tender the same, and, in case such tender shall be refused, to lodge the money in Court; and thereupon it shall be lawful for the Court, or a judge thereof, to order all further proceedings to be stayed and to cease, upon payment of such costs incurred up to the date of such tender as the Court or a judge shall deem to be reasonable; and the money so lodged in Court shall be paid to the plaintiff, or his executor or administrator or attorney, on demand; and the defendant shall, notwithstanding any such payment, be at liberty to have the costs taxed and paid back, if disallowed, with the costs of the taxation, in case more than one sixth shall be disallowed.
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