in Common Law, a deed, or instrument, testifying that the particular tenant of lands and tenements, for life or years, doth sufficiently consent and agree, that he who has the next or immediate remainder or reversion thereof, shall have the present estate of the same in possession; and that he hereby yields and gives up the same to him, so that the estate for life or years may merge or drown by mutual agreement of the parties. 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, &c. The first is the usual surrender, and it is usually divided into that in deed, and that in law.

in deed, is that which is really made by express words in writing, where the words of the lessee to the lessor prove a sufficient assent to surrender his estate back again.

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.

SURRENDER 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 feoffment, 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. SURRENDER of Letters Patent and Offices. A surrender may be made of letters patent to the king, so that he may grant the estate to whom he pleases, &c., and a second patent for years to the same person for the same thing is a surrender in law of the first patent.

If an officer for life accept of another grant of the same office, it is in law a surrender of the first grant; but if such an officer take another grant of the same office to himself and another, it may be otherwise.