Both the Maine cases above referred to were actions of forcible entry and detainer like the case at bar. The language of the lease in each case is held to constitute a demise in presentí. Each holds that no written notice is required to extend the optional terms in such a lease, and would seem to afford a complete precedent for applying a similar rule to the case before us. Kramer v. Oook, 7 Gray, 550 is also in point upon the question of notice. This was an action by the lessor to establish an election by the lessee, to continue his occupancy for a term of two years. The habendum clause in the lease was, "to hold for a term of three years from the date hereof, yielding and paying therefor the rent of $700 a year; and at the election of said Cook, for the further term of two years next after said term of three years yielding etc,” The action was *325upon a contract to recover rent. The defendant asked the court to instruct the jury that ‘ to show an election by the lessee to hold for an additional term of two years after the expiration of three years, it was necessary for the plaintiff to prove that the defendant so elected at the time of the expiration of the three years, and duly notified the'lessor of the intention ‘so to hold.’ The presiding Justice refused to give the instruction and the court in passing upon the question said : "If it was necessary to prove that the election of the defendant was made at the time of the expiration of three years, the evidence was ample for that purpose. He continued to occupy after the expiration of three years. He paid the increased rents stipulated for from the time the three years expired. The court also said that continuing to occupy and payment of rent were the "best possible evidence of the election .... they were a declaration and an act, the expression of the wish and its execution.” No written notice of renewal was required.