SURRENDER, in Law, is that wrought by operation of the law, and which is not actual.—As if a man have a lease of a farm for life or years, and during the term he accepts a new lease; this act is, in law, a surrender of the former.
SURRENDER of a bankrupt. See COMMISSION of Bankruptcy.
SUBRENDER of Copyholds is the yielding up of the estate by the tenant into the hands of the lord, for such purposes as are expressed in the surrender: as to the use and behoof of A and his heirs, to the use of his own will, and the like. This method of conveyance is so essential to the nature of a copyhold estate, that it cannot possibly be transferred by any other assurance. No Blackst. Comment. vol. ii. footment, fine, or recovery (in the king's courts) hath any operation upon it. If I would exchange a copyhold with another, I cannot do it by an ordinary deed of exchange at the common law, but we must surrender to each other's use, and the lord will admit us accordingly. If I would devise a copyhold, I must surrender it to the use of my last will and testament; and in my will I must declare my intentions, and name a devisee, who will then be entitled to admission.