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If tenant, having power to determine lease by notice to quit, gives notice in writing, and does not deliver possession accordingly, he shall pay double rent.
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(a
) IX. And whereas great inconveniencies have happened and may happen to landlords, whose tenants have power to determine their leases by giving notice to quit the premises by them holden, and yet refusing to deliver up the possession, when the landlord hath agreed with another tenant for the same: be it enacted by the authority aforesaid, That from and after the said first day of May one thousand seven hundred and forty two in case any tenant or tenants, having power to determine their leases by giving notice to quit the premises by them holden, shall give notice in writing of his, her, or their intention to quit the premises by him, her, or them holden, at a time mentioned in such notice, and shall not accordingly deliver up the possession thereof at the time in such notice contained, that then the said tenant or tenants, his, her, or their executors or administrators, shall from thenceforth pay to the landlord or landlords, lessor or lessors, double the rent or sum, which he, she, or they, should otherwise have paid; to be levied, sued for, and recovered at the same times, and in the same manner, as the single rent or sum before the giving such notice could be levied, sued for, or recovered; and such double rent or sum shall continue to be paid, during all the time such tenant or tenants shall continue in possession as aforesaid.
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