Surrender

— Is a deed or instrument testifying that the particular tenant for life or years of lands and tenements doth yield up his estate to him that hath the immediate estate in remainder or reversion, that he may have the present possession thereof, and wherein tiie estate for life or years may merge or drown by the mutual agreement of the parties. ( Co. Litt. 337.) It is of a nature directly opposite to a release;

— for, as that operates by the greater estate's descending upon the less, a surrender is the falling of a less estate into a greater.

Of surrenders there are three kinds, — a surrender properly taken at common law, a surrender of copyhold or customary estates, and a surrender improperly taken, as of a deed, a patent, rent newly created, &c. The surrender at common law is the usual surrender, and is of two sorts; viz., a surrender in deed, or by express words in writing, where the words of the lessee to the lessor prove a suflicient assent to give him his estate back again; and a surrender in law, being that which is wrought by operation of law, and not actual; as, if a lessee for life or years take a new lease of the same land during the term, this will be a surrender in law of the first lease. Jacob. Surrender is an assurance restoring or yielding up an estate, the operative verbs being " surrender and yield up." Tlje effect of a surrender is to pass and merge the estate of the surrenderor to and into that of the surrenderee. The incidents of a good deed of surrender are: an able surrenderor, a capable surrenderee, and an actual vested estate in the surrenderor; that it be made to an immediate expectant, solely seised without any intervenient estate; a privity of estate between the parties; and that the surrenderee's estate be capable of sustaining a merger. i Shep. Touch, ch.

17, p.

300.) Wharton. ov sureties in a recognizance, of giving up their principal again into custody (which they are entitled to do, before the day at which they have engaged he shall appear), is called surrender. Surrender by operation of la^w. This phrase is properly applied to eases where the tenant for life or years has been a party to some act the validity of which lie is by law afterwards estopped from disputing, and which would not be valid if his particular estate continued to exist. Thus, when a lessee for years accepts a new lease from his lessor, he is estopped from saying that his lessor had not the power to make the new lease; so that the acceptance of the new lease amounts in law to a surrender of the former one. The effect of a surrender by operation of law is expressly reserved in section 2 of the statute of frauds. (2 Chit. Stat. 147-U9; 1 Steph. Cam. 523; Tudor Lead. Cas. E. P. 22; Fawcett Land. Sr T. 279.) Mozley Sr W. Surrender of copyhold. The mode of conveying or transferring copyhold property from one person to another is by means of a surrender, which consists in the yielding up of the estate by the tenant into the hands of the lord for sucli purposes as are expressed in the surrender. The process in most manors is for the tenant to come to the steward, either in court or out of court, or else to two customary tenants of the same manor, provided there be a custom to warrant it, and there, by delivering up a rod, a glove, or other symbol, as the custom direi;ts, to resign into the hands of the lord, by the hands and acceptance of his steward, or of the said two tenants, all his interest and title to the estate, in trust, to be again granted out by the lord to such persons and for such uses as are named in the surrender, and as the custom of the manor will warrant. Brown. Surrender of fugitive. When spoken ■with reference to extradition of fugitives from justice, surrender is the act by which the executive authorities deliver a person accused of a crime, and found in their jurisdiction, to the authorities within whose jurisdiction it is alleged the crime was perpetrated. Surrender Of a preference. Under the bankrupt law, a preferred creditor cannot, in certain cases, prove his debt, so as to have a dividend from the estate, until he surrenders to the assignee all that he has received under such preference. This is called surrendering the preference. What amounts to a surrender of a preference, under the bankrupt act, see Be whom a surrender is made; but the word is frequently used to denote the person to whose use a copyhold is surrendered. Mozhy SrW.

Surrenderor.

One who makes a surrender, as when the tenant gives up the estate and cancels his lease before the expiration of the term; one who yields up a freehold estate for the purpose of conveying it.

Boumer.