in the City of Staunton, Virginia, together with all the privileges thereto be~
Longing, for the exclusive use thereof every Monday night in each aonth, for the
Council Meetings of said Knights of Pythias Lodge, that is to say,of your orators
and their said associates,for the term of one year from said date,for an annua
rent of sixty dollars.” Said contract was preparfed and executed in duplicate
one of whioh mas retained by each of said contracting parties, and the one retain-
ed by said Bradley, NoParland and Fultz, acting for and on behalf of your orators
and their said associates,was delivered by them to your orators and their said
associates, and is herewith filed as Exhibit A,and prayed to be treated and read
as a part of this bill.
An inspection of said contract will show your honor that it among other things
provided that the rentars therein, Valley Lodge No.18,Knights of Pythias, seaning
your orators and their seid associates, should have the privilege of renting said
Yall 4c.,for a further period of two years at the expiration of said one year ;
but your orators and their said associates, as Valley Lodge No.18,knights of Pyth-
ias,nor any one for them,did not at the end of said one year,nor at any other
tine since, avail themselves of,or accept said privilege reserved to then in said
contract, and did not renew said contract of renting,or re-rent said Hall 40., for
the further period of to years named in said contract,or for any other period,
or have any other or further agreensnt, contract, or understanding whatever with
said lessors in regard to said Hall 40.; your orators, however, and their said
associates did continue in the same use and ocoupancy,or holding over of said
Hall 4c.,after the expiration of the said term certain specified in said con-
traot,one year loager,or until the 30th day of October 1696, without other or
additional contract with said lessors,or any of them.
Your orators and their said associates were advised and believed, and are
still advised and believe, and aver, that such holding over without speoifio and
certain agreeaent,did not constitute in lan or in fact an acceptance on the part
of themselves and their said associates of the aforesaid privilege of renewal
for two years longer contained in said contract, nor amount to such a renewal
but that they thereby became merely tenants by sufferance,or at most tenants
fron year to.year,and that such a tenanoy as the first naned nay be terminated