case sleigh against Bateman Hilary term Elizabeth roll a lessee for year can  authorize a three person by word to surrender his lease but if the lessee say  to the lessor I be content that you shall have the land this be a good  surrender ante post   light roll Abr I Leon vent show lev Mod cro James ld ray  stram will term Rep assumpsit and declare whereas Henry Cavendish first April  Elizabeth let a close call Biggenbooth to one Hugh Bateman for twentyone year  who assign it to the plaintiff that the defendant march Elizabeth in  consideration that the plaintiff at the instance and request of the defendant  reconcederet or yield up all his interest and term for year in the say close  to the say Henry Cavendish ac to stretch essel that the say Henry Cavendish  shall have the say close ad act  ad will svan assume to the plaintiff to pay  to he when he shall he thereto request and allege in fact that afterward  videlicet that march Elizabeth ad prcedid earnestness a easter term Elizabeth  ante a say vide Geo c and Geo c by which a penalty be inflict on this offence  croak Elizabeth er p el requisilum of the defendant he do regrant and yield up  his say lease to h Cavendish and be content that the saieH Cavendish shall  have the close to use at his will and for the nonpayment of the by the  defendant the plaintiff bring this action the defendant plead a special plea  and three avers the assumpsit modus el Jormd and hereupon a special verdict be  find videlicet that h Cavendish let ut above and the assignment to the  plaintiff and the assumpsit as it be allege and that the plaintiff on the  march Elizabeth at the defendant request deliver a indenture contain the say  demise to one William Jackson to deliver simul cum toto stalu et interel?se  termini prcedicti to the say h Cavendish upon the defendant agreement to pay  to the plaintiff the say sum of and that superinde the say William Jackson for  the plaintiff and by his appointment deliver and surrender to the say h  Cavendish the say indenture and demise and the estate interest and term of the  plaintiff therein and that the say h Cavendish accept thereof and pluck away  the seal thereof and it be further croak Elizabeth find that the plaintiff be  content that the say h Cavendish shall have tenement prcedicta in order that  ad will svan and that afterward the same day h Cavendish make a new lease  thereof to the plaintiff et si c and hereupon it be move that this verdict be  find for the plaintiff the whole matter here only be whether this be good  surrender make accord to the assumpsit and so a good performance accord to the  consideration allege first that by the delivery of the indenture of lease to  will Jackson ad deliherandum simzil cum toto stalu et interest his to Henry  Cavendish and he deliver it accord it be as good a surrender as if he himself  have surrender it by express word for quiper other compose per he himself  compose and if he himself have deliver the indenture and all his interest in  the land to the lessor who have accept thereof and cancel the deed it have be  a good surrender the law be the same where he deliver the lease to a stranger  and command he to do it who do it accord second admit there be not any  surrender make by this act whether when the lessee himself accept of a new  lease from the lessor it he not then a good surrender as Henry pl be and so  the consideration be well perform the court as to that hold clear that it be  not any surrender accord to the assumpsit for it ought to be a absolute  surrender in deed and not a surrender in such manner and such a surrender also  that he may have the land in he to dispose of afterward to who he will which  be not here do by this take of his second lease three it be move that this be  a surrender by agreement that the lessor shall have the land to use at his  pleasure which be as good a surrender as if it have be by express word that he  do surrender the land for when it be agree that the lessor shall have and  dispose of it it be as much as if he say he yield up all his interest for  otherwise the lessor have not any authority to dispose thereof and to that  purpose be cite Henry pl Edward pl dyer but it be thereto object that this be  not any surrender because it be not find that he use any word to the lessor  that he be content c but the jury have only find that he be content c which  may he by assent of his mind bat all the court resolve a to the first point  that it be not any surrender for one can authorize another by word only to  make any surrender of his lease although it be but a lease for year as to the  three they all hold clear that it be a surrender for when the lessee agree  with the lessor and be content that he shall have the land again it be a good  surrender of a lease for year and so it be agree in brown v Kingswell that a  lease for year may he determine by such word but it be there doubt whether a  lease for life may be so determine and the jury find that he be content it be  thereby as good a surrender as if it have be find that he use such word  wherefore it be adjudge for the plaintiff by car c no lease estate or interest  either of freehold or term of year shall he surrender unless by deed in write  sign by the party surrender see pale yellow Cas in Eq will   light note croak  Elizabeth er p