case FROSEL against Welsh Hilary term James roll a surrender to the use of  another of a copyhold to two tenant may be present at the next court though  the two tenant die before it be hold but nothing passes until it be present  and if the surrendee die before admittance the estate descend to his heir  notwithstanding the lord have accept rend from the cetsuy and use ante roll ab  SC godb   light SC bridge cro Elizabeth cro car   SC Bulst lev vent Ch Cas  side style gilbert ten to Rep to Rep ejectment for land in mansel of a lease  by Henry herring upon not guilty plead a special verdict be find that the land  in question be copyhold land parcel of the manor of mansel demisable in fee  that the custom of the manor be that a copyholder in fee may surrender out of  court into the hand of two other copyholder of the say manor to the use of  another in fee which ought to be present at the next court for that manor  otherwise it shall be void that Thomas herring father of the lessor who heir  he be be copyholder in fee of that land and surrender out of court into the  hand of h b and W I two copvholders of the manor to the use of Robert  Whittington in fee that the say Robert Whittington enter and pay the rend to  the lord that the say Thomas herring who surrender die and that the say h b  and W I who take the surrender be dead and that no court be hold there during  that time that the lessor be heir to he who make the surrender enter and let  to the plaintiff and the defendant by the command of the say Robert  Whittington to who use the surrender be make oust he et si super totan means c  upon this verdict after argument at the bar all the court deliver their  opinion that the plaintiff shall recover for they hold that by the surrender  into the hand of two tenant nothing pass until it be present in court and that  in the interim the interest remain to he who make the surrender which interest  descend to the heir who be lessor to the plaintiff and that he well may enter  and make that a see James c car c and car c croak James er p lease be but for  a year without the lord licence or without show any special custom and the  acceptance of the rend by the hand of beneficiary and use give not any  interest to he until this surrender be present in court for the custom be  strict which ought to be observe but they hold that it be not of necessity  that the party who take the surrender shall present it and although they be  dead and the party who make it be dead yet as the custom be find if it be  present by any other copyholder when the next court be hold it be well enough  and he may thereupon be well admit vide   b bunting case so resolve whereby it  appear where beneficiary and use shall be make to procure a court to be hold  for his own advantage wherefore forasmuch as that no court have be here hold  the interest remain in the heir and his lease be good and thereupon adjudge  for the plaintiff