case GYBSON against Searl if the lessee for ear of a manor with exception of  ware marriage relief c afterward take a lease of the bailiwick of the manor  this shall n t operate as a surrender of the first lease notwithstanding the  exception be void ante roll ab cro Elizabeth   lev side Leon more roll Rep  hard Leon Com dig Bac ab to Rep a bailiff of a manor although he have no  interest in the land may receive rend take fealty c ejectment of land in  Totteridge by the lessee of Richard peacock against the lessee of gage upon a  special verdict the case be thus the bishop of Ely in Henry let the manor of  Totteridge whereof the land be parcel to one Goodrich with a exception of ware  marriage relief leet court and advowson habendum for ninetynine year render  twelve pound a year this lease be confirm by the dean and chapter in the first  year of queen Elizabeth Cox bishop of Ely recite this lease and the exception  by indenture demise the same thing except to the same lessee for twentyone ear  render three shilling and fourpence a year and further grant to he the  bailiwick of the same manor and constitute he bailiff of the same manor for  twentyone year and grant to he all fee and profit appertain to the say office  which be confirm by the dean and chapter and after find that this original  lease of the manor by diverse mean conveyance come to the lessor of the  plaintiff and that the inheritance of the manor come to the defendant lessor  who enter and let to the defendant and that the plaintiff lessor enter and  make a lease to the plaintiff upon who the defendant enter the sole question  upon the verdict be whether this grant of the bailiwick to the lessee of the  manor be a surrender or determination of the first lease of the manor?And it  be argue diverse time at the bar and then at the bench and all the court  resolve unanimous that it be not any surrender for that ought to be the intent  of the party and it appear that there be not any intent of the party but that  he shall have a lease of the thing except whereupon it be doubt in law whether  such a exception of ware marriage relief and court be good in the case of a  common person as it be in case of the king a but the court hold clear that it  be void in case of a common person yet to take away that doubt this lease be  make with a intendment to his benefit and not to his hindrance as it shall be  if it shall be construe to be a surrender and therefore the croak throw law  shall not make such a construction and in this case this grant of the  bailiwick be distinct and of another thing than that which be lease before and  therefore can be any surrender and for that cause may well stand with the  other Tanfield justice therefore say if a man have black acre and diverse  other land in d and let we black acre for twentyone year and the next day let  we all his land in d for ten year it be not any surrender of black acre but  shall be construe as a lease of all the other land which may well stand with  the former lease so if a lessee take a grant of a rentcharge out of the same  land for life or if a lessee for life take a grant of a rentcharge for year  that be not any surrender because he may have the benefit of that rend after  the estate in the land be determine but if a lessee a   light hob Com dig  croak James er p for life take a grant of a rentcharge for life out of the  same land that be a surrender accord to Henry pl for otherwise the rentcharge  can take any effect vide Edward pl accordant and it have be adjudge in the  common plea that if a lessor make a feoff and letter of attorney to the lessee  to make livery it be not any surrender for he do it but as a servant wherefore  the bailiwick be a collateral thing a acceptance of the grant thereof be not  any surrender William justice accord that it can be a surrender because the  bailiwick be not any interest in the same thing which be let before for a  bailiff have not any interest at all but be a mere servant and do thing for  the profit of his nlaster and although he do they voluntary as Edward pl be  yet it be intend to be do in the name of his master and in debt hereupon the  declaration shall be that the master let and whereas the case in dyer pl have  be object where the lessee for year of a house accept a grant of the custody  of the same house that it shall be surrender that be true and have be so  adjudge for the custody of the same thing which be let before be another  interest in the same thing lease and can stand with the first lease and  therefore not like to this case and it have be adjudge in sir John chamberlain  case that where a lessee for year of a park accept a grant of the office of  parkkeeper of the same park for his life that be not any surrender because it  be a office collateral to the land but if a lessee take a grant of common out  of the same land or of the herbage of the same land that be a surrender  because it can consist with his lease and it be a common case that in many  manor a copyholder be bailiff of the same manor by custom and it be never take  to be any surrender so if a lessee for year of a manor be make surveyor or  steward thereof for life that be not any surrender as it be resolve in the  case of sir Valentine brown the bailiff of Westminster be common a great man  who have also lease in Westminster of the demise of the dean and chapter and  yet it be never intend to be any surrender and therefore not here Yelverton  justice it can be a surrender for three cause first for that the lease of the  bailiwick be of another thing second croak throw a bailiff have authority to  meddle with the land but have not any interest therein three because a bailiff  have no permanent estate but it be determinable at the lord pleasure note for  the authority of a bailiff vide Henry Henry pl Edward title avowry that a  bailiff may receive rend take fealty pay quitrents repair house and fence but  in such manner as before for he can tile where it be thatch nor empale where  it be mound with a hedge and he may do any thing for his master benefit but  not to his prejudice without his assent and therefore he can give seize of  rend nor exchange the lord land as Edward pl be and Henry in brook a bailiff  may be steward of the same manor for they may well both stand together and  Henry pl the bailiff of a manor who have rend issue out of the same manor  shall have that rend by recouper which prove that it be not suspend because  the bailiwick be a thing distinct from the other the take of a grant thereof  can be a surrender of the lease of the land Fenner accordant in omnibus  whereupon it be adjudge for the plaintiff see car c S ante