761 - Redemption by lessee.

§  761. Redemption by lessee.  Where the special proceeding is founded  upon an allegation that a lessee holds  over  after  a  default  in  the  payment  of  rent,  and  the unexpired term of the lease under which the  premises are held exceeds five years at the time  when  the  warrant  is  issued  the lessee, his executor, administrator or assignee, at any time  within one year after the execution of the warrant, unless by the  terms  of  the lease such lessee shall have waived his right to redeem, or such  lessee, executor, administrator  or  assignee  shall  have  subsequently  waived the right to redeem by a written instrument filed and recorded in  the office in which the lease is recorded, or if not so recorded, in the  office in which deeds are required to be recorded of the county in which  the  leased  premises  are located, may pay or tender to the petitioner,  his heir, executor, administrator or assignee, or if, within  five  days  before  the  expiration  of  the year he cannot be found with reasonable  diligence within the city or town wherein  the  property  or  a  portion  thereof  is  situated,  then  to the court which issued the warrant, all  rent in arrears at the time of  the  payment  or  tender  with  interest  thereupon  and  the  costs  and  charges  incurred  by  the  petitioner.  Thereupon the person making the payment or tender shall be  entitled  to  the  possession of the demised premises under the lease and may hold and  enjoy the same according to the terms of the original demise, except  as  otherwise prescribed in section 765.