It will be observed that the statute has reference to the determination of tenancies by the will and acts of the parties, and not by operation of law. The relation of landlord and tenant is created only by contract, express or implied. Little v. Libby, 2 Maine, 242. We think that the word “party” in the statute is to be understood as party to the contract. The notice is to be given by one contracting party to the other contracting party, by the landlord to the tenant, or by the tenant to the landlord. After alienation has taken place, how can the tenancy be deter*540mined, upon the theory of the plaintiff ? Can notice be given by the landlord ? He has ceased to have any interest in the premises. Can notice be given by his grantee or lessee ? He is not a party to the contract. The alienee does not become the lessor at will of the former lessee at will, nor does the tenant at will become tenant to the alienee. Howard v. Merriam, 5 Cush. 563.