surrender

A surrender of the patent to the Commissioner within the sense of the provision, means an act which, in judgment of law, extinguishes the patent. It is a legal cancellation of it, and hence can no more be the foundation for the assertion of a right after the surrender, than could an act of Congress which has been repealed.

A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement. Co. Litt. 337b. The deed by which the surrender is made. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderor, and vests it in the surrenderee, even without the assent of the latter. Shep. Touch. 300, 301. The technical and proper words of this conveyance are, surrender and yield up; but any form of words by which the intention of the parties is sufficiently manifested will operate as a surrender. Perk. § 607; 1 Term R. 441; Comyn, Dig. "Surrender" (A). The surrender may be express or implied. The latter is when an estate incompatible with the existing estate is accepted, or the lessee takes a new lease of the same lands. 16 Johns. (N. Y.) 28; 2 Wils. 26; 1 Barn. 6 Aid. 50; 2 Barn. & Aid. 119; 5 Taunt. 518. And see 6 East, 86; 9 Barn. & 0. 288; 7 Watts (Pa.) 123; Cruise, Dig. tit. 32, o. 7; Comyn, Dig.; 4 Kent, Comm. 102; Rolle, Abr.; 11 East, 317, note.

A yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged in the greater by mutual agreement. Co. Litt. 337 b. See Welcome v. Hess, 90 Cal. 507, 27 Pac. 369, 25 Am. St. Rep. 145. The deed by which the surrender is made. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender immediately divests the estate of the surrenderor, and vests it in the surrenderee, even without the assent of the latter; Shepp. Touchst. 300. The technical and proper words of this conveyance are, surrender and yield up; but any form of words by which the intention of the parties are sufiiciently manifested will operate as a surrender; 1 Term 441; Com. Dig. Surrender' (A). The surrender may be express or implied. The latter is when an estate incompatible with the existing estate is accepted, or the lessee takes a new lease of the same lands; Livingston v. Potts, 16 Johns. (N. Y.) 28; 1 B. & Aid. 50. See Beall v. White, 94 U. S. 389, 24 L. Ed. 173; Martin v. Stearns, 52 la. 347, 3 N. W. 92; Landlord and Tenant. To yield; render up. Nolander v. Burns, 48 Minn. 13, 50 N. W. 1016.

A yielding up of an estate tor life or years to him who has an immediate estote in reversion or remainder, by which the lesser estate is merged in the ,greater by mutual agreement. Co. Litt. 337b. And see Coe v. Hobby, 72 N. Y. 145, 28 Am. Rep. 120; Gluck v. Baltimore, 81 Md. 315, 32 Atl. 515, 48 Am. St. Rep. 515 ; Brewer v. National Union Bldg. Ass'n, 166 111. 221, 46 N. E. 752; Dayton v. Craik, 26 Minn. 133, 1 N. W. 813; Robertson v. Winslow, 99 Mo. App. 546, 72 S. W. 442. An assurance restoring or yielding up an estate, the operative verbs being "surrender and yield up." The term is usually applied to the giving up of a lease before the expiration of it Wharton. The giving up by buil of their principal into custody, in their own discharge. 1 Bur-rill, Pr. 394. Of charter. A corporation created by charter may give up or "surrender" its charter to the pcople, unless the charter was granted under a statute, imposing indefeasible duties on the bodies to which it applies. Grant, Corp. 45.

— Surrender by hail. The act, by bail or sureties in a recognizance, of giving up their principal again into custody.

— Surrender by operation of law. This phrase is properly applied to cases where the tenant for life or years has been a party to some act the validity of which he is by law afterwards estopped from disputing, and which would not be valid if 'his particular estate continued to exist. Copper v. Fretnoransky (Com. PI.) 16 N. Y. Supp. 866; Ledsinger v, Burke, 113 Ga. 74, 38 S. E. 313; Brown v. Cairns, 107 Iowa, 727, 77 N. W. 478; Lewis v. Angermiller, 89 Hun, 65, 35 N. Y. Supp. 69.

— 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 such 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 directs, to resign into the bands 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 criminals. The act by which the public authorities deliver a person accused of a crime, and who is found in their jurisdiction, to the authorities within whose jurisdiction it is alleged the crime has been committed.

— Surrender of a preference. In bankruptcy practice. The surrender to the assignee in bankruptcy, by a preferred creditor, of anything he may have received under his preference and any advantage it gives him, which he must do before he can share in the dividend. In re Richter's Estate, 1 Dill. 544, Fed. Cas. No. 11,803.

To give up; to deliver; to make over. Surrender by bail: to give the principal again into custody.

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.

The yielding up of a lesser greater. Surrender in deed, surrender grant of a life estate to the remainderman operation of law, as if a tenant for years in copyholds, the yielding up of a of the manor, usually in order that he the method of alienating copyholds.

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.

estates, conveyancing, is a yielding up of an estate for life or years to him who has an immediate estate in reversion or remainder, by which the lesser estate is merged into the greater by mutual agreement. Co. Lite. 337,b. A surrender is of a nature directly opposite to a release; for, as the latter operates by the greater estate descending upon the less, the former is the falling of a less estate into a greater, by deed. A surrender im- A mediately divests the estate of the surrenderor, and vests it in the surrenderee, even without the assent (q. v.) of the latter. Touchs. 400, 301. The technical and proper words of this conveyance are, surrender and yield up; but any form of words, by which the intention of the parties is sufficiently manifested, will operate as a surrender. Perk. § 607; 1 Term Rep. 441; Com. Dig. Surrender, A. The surrender may be express or implied. The latter is when an estate, incompatible with the existing estate, is accepted; or the lessee takes a new lease of the same lands. 16 Johns. Rep. 28. Vide, generally, Cruise, Dig. tit. 32, 7; Com. h. t. Nels. Ab. h. t.; Rolle’s Ab. h. t.; 11 East, R. 317, n. The deed or instrument by which a surrender is made, is also called a surrender. SURRENDER OF CRIMI-