case BURGAINE against spurling Trinity term car roll if a copyholder surrender  his estate to the use of a upon condition that if he pay the say a such a sum  of money at a particular time the surrender shall be void and before  performance of this condition be make another surrender to b and after  condition perform make another surrender to c which two last surrender be  present the first surrender not have be present at the next court be void and  therefore the second surrender good post roll Abr   light note will Com dig  Com dig Bac ab to Rep to Rep croak car er p ejectment upon a special verdict  the case be Thomas Jackson a copyholder that April car surrender a copyhold  message and twenty acre of land parcel of the manor of burst into the hand of  two tenant of the manor to the use of Hutchinson and his heir upon condition  that if he pay the say Hutchinson l upon the first of July follow that the  surrender shall be void and they find the custom of the manor to be that the  copyholder may surrender his copyhold into the hand of two tenant of the manor  and that the that of may sexto caroli before the payment of the say money be  surrender a acre parcel of the twenty acre into the hand of two tenant of the  manor to the use of William Jackson and his heir and afterward the surrender  pay the say l accord to the condition and then surrender the say tenement into  the hand of the steward of the manor to the use of Richard price and his heir  and afterward the that of October sexto caroli be the first court after these  surrender make the two last surrender be present and the say William Jackson  be admit to the say one acre surrender to the use of he and the say Richard  price be admit at the same court to the say message and twenty acre whereof  the say one acre be parcel accord to the surrender make to the use of he and  that the say surrender to the use of croak car Hutchinson be never present and  that there be a custom within the manor that if any surrender be make out of  court to the use of another and be not present at the next court it be mere  void and that the say Richard price enter into the say one acre and make a  lease to the plaintiff and the defendant by command of the say William Jackson  oust he the sole question be whether this surrender of the acre before the  condition perform be good or not Grimston argue for the plaintiff that the  surrender before he have perform the condition be mere void for all the  interest be out of he and then he have not any power to make a surrender but  he agree that after the condition be perform the estate be revested in he and  he may make a surrender calthrop for the defendant argue that this surrender  upon condition the condition be perform before the next court and the  surrender not present the surrender be as if it never have be make and after  such surrender and before the condition perform the copyholder remain still  interest   and the estate be never out of he so his surrender to another he be  admit be good Jones and myself be of this opinion but the other send away  adjournatur a levinz