Surrender

To give up, make over, deliver; also, such act itself. See Delivery; Waiver.

1 Commonwealth v. Howell, 146 Mass. 130 U888); ib.

146, 286, 331. ' [1 Story, Eq. § 120, note, cases; ib. % 251.] = Nash u Towne, 5 Wall. 698 (1866>, cases, Clifford, J. ' Mulhall V. Keenan, 18 WaU. 343, 350 (1873). 6 Hendrickson v. Hinckley, 17 How. 446 (1654); Central Pacific E. Co. V. Creed, 70 Cal. 501 (1886). To relinquish or give up, unless the meaning is extended by construction; as, in a statute providing that attached goods should be surrendered upon delivery of a bond.' Suxrenderee. He to whom a surrender has been made. Surrenderor. He who makes a surrender. Surrender by bail. For a person who has become another's bail or surety to give him over again into the custody of the officer who made the arrest or of the sheriff, marshal, or jailor. See Bail, 3. Surrender of a criminal. For the executive of a State to give up an alleged fugitive from justice to the authorities of the State from which he fled. See Extradition. Surrender of an estate. A yielding up of an estate for life or years to him that has the immediate reversion or remainder, wherein the particular estate may merge or drown, by mutual agreement.^ A " surrender " is the falling of a less estate into a greater; in a " release " iq. v.) the greater estate descends upon fhe less. The surrenderor must be in possession, and the surrenderee must have a higher estate into which the estate surrendered may merge. Hence, a tenant for life cannot surrender to him that is in remainder for years.

3 ^ Surrender of a lease.

A yielding up, by a tenant, of his estate, to the landlord, so that the leasehold interest becomes extinct by mutual agreement. May be by express words, or by operation of law where the parties have done some act which implies that they both agreed to consider the surrender as made.* See Quit. Surrender of a preference. For a creditor of a bankrupt to turn over to the assignee whatever property or security he may have received in preference to other creditors, in order to share in a dividend.5 SURROGATE-^ 1. One who is substituted or appointed in the place of another. Formerly, a person selected by the bishop to issue, in his stead, licenses to marry. He presided in the 1 Clark u Wilson, 14 E. I. 13 ( " Coke, Litt. 387 6. 3 2 Bl. Com. 326. See also 4 Kent, 103; 26 Minn. 136, 821; 30 N. Y. 462; 12 Johns. 361; 5 Pa. 424; 18 Gratt. 159; 8 Wis. »358. ' Beall V. White, 94 V. S. 389 (1876), cases, Clifford, J.; Spoouer v. Spooner, 26 Minn. 136 (1879), cases; Smith V. Pendergast, ib. 321 (1879), cases; Martin v. Stearns, 52 Iowa, 347 (1879), cases. " See Be Richt^r's Estate, 1 Dill. 552 (1870). bishop's diocesan court. As representative of tiie ordinary, he granted letters of administration. Whence — 2. A judicial officer, corresponding to the ordinary or to a judge of an orphans' court or court of probate,' qq. v.