by either the landlord or tenant at will (See 5 Gratt.90), and that such a tenan— oy as the last named may be terninated by either the landlord or tenant at the end of any year of the holding over by notice in writing to the other party, prior té the end of such year,of three months, if it be of land within, and six nonths if of land without a city or town,of the intention to terminate such tenancy.(@ Gratt.220. Code 1887, Sec.2785.) Your orators and their said assooiates, relying upon said advice, and believing as they still believe and aver, that a proper construction of said contract and definition of their rights thereunder, would establish thea to be merely tenants by sufferance of said property, yet out of abundant precaution in the event they SOSIAT cogaetet as tenants from year to year of said property,did on the 29th day of July 1898, three oaths prior to the end of the first and only year of said hold over, viz., three months prior to Novenber ist 1896, give notice in writing to said Oneida Thibe No.88, and to said J.8.Guntner, Janes ".Blackbura and 7-4. Davson, counittee as aforesaid, of their intention to teraiaate said tenancy on said 1st day of Noveaber 1896, and vacate said Hell 4o-,and surrender the pos- session and use thereof as aforesaid froa and after that date. A cony of sai notice with the return thereon is filed herewith as Exhibit B, and prayed to be treated and read as part of this bill. Accordingly your orators and their said associates on the 30th day of Octo- sie Uage-did spovatdlbeid Mall toW/andirbuone all: theie! eroperty ad: belong+aes of every kind therefroa, and surrendered the possession of said Hall 40., t0 the said-rentors,and paid then all rent due up to that date at said rate of sixty dollars per annum. oait Your orators further show shes unto your honor that Guntner, Blackburn and Dauson,on debalf of thesselves and their said associates deny the correctness of the construction and effect of said coatract as above foreshad¥owed and claia- ed, and the right of your orators to terminate said tenancy and vacate and surren dor said Hall &o.,as above stated, and olain that your orators will be indebted to then for rent therefor socrued and to accrue after its vacation as afore~ said for one entire year thereafter,and are desanding of your orators payment thereof.