case ZINZON against Talmash Hilary term car roll if a copyhold estate be grant  to a for life remainder to b for life remainder to c where the custom of the  manor be that in a estate so grant the person first name may surrender the  estate accord to the custom of the manor into the lord hand and thereby  destroy the remainder and a join in a fine sur conusance with the lord convey  the estate to other person the remainder be not thereby destroy for as the  interest of three person be concern a fine shall not be consider a surrender  SC Pollexf SC Jones SC ray error on a judgement in the common plea in  ejectment the case on a special verdict be a copyhold be grant to a b and c  successive as name secundum experience c a custom be find that if a estate be  so grant the party that be first name and be the first taker may surrender the  land into the lordss hand and so destroy and determine the whole estate c a  tenant for life by copy remainder to b for life remainder to c for life and in  the manor be such a custom as aforesaid a and the lord join in a deed of  covenant to levy a fine and afterward they levy a fine accord to the use of  other person the question be whether this be a good surrender Mr pollexfen  that this be a good custom be no question for a be intend the purchaser and  therefore this custom may be reasonable enough but then we must inquire what  kind of surrender and what Act be sufficient to make a surrender within this  custom it be not find that in the surrender any estate shall be express but  only that the surrender shall be into the lord hand and in the first institute  surrender ought to be general so here be no particular mode find necessary the  word be that by the custom of the manor such first taker may surrender the  land accord to the custom of the manor into the hand of the lord now these  word accord to the custom be not material for what be it to surrender accord  to the custom of the manor for there be a great many custom belong to all  manor wherein be copyhold and among those be a surrender from tenant to lord  it be the same in all manor and there be no case of any particular manor where  a certain mode be require in surrender or give a estate to the lord if it have  be to another use then the lord will be only a instrument of conveyance a see  the case of the king v selbourne post page and the case there refer to shower  KB er p and then all the particular mode shower KB must be observe as rod pen  c and there must be a entry of it in the roll but in this case it be only to  drown the particular estate now by the deed and fine there be a surrender and  it be a good surrender wheresoever there be a consent that the copyhold estate  shall be drown and extinct whether it be express in word or deed a bargain and  sale to the lord be a surrender Jones a parole agreement adjudge a surrender  Leon and a freehold estate for life may be surrender without deed as be Inst  bro title surrender Maynard sergeant for the defendant in the writ of error if  a have do it by deed I think that not sufficient and here be not so much for  it be only a covenant now certain a covenant be no surrender and for the fine  that convey the land to a three person a lease be not a surrender accord to  the custom of the manor but accord to the commonlaw a passes nothing by the  fine this estate can pass by that conveyance be a copyhold and it only  conclude he by estoppel a custom be always infra manor and a matter extra  manor can never be by the custom as a custom to have common out of a manor be  void now it be impossible a fine can be say to be a surrender secundum  experience manor and the end of it be that all person may know who be tenant  none but the lord passes any thing by his fine I confess a man may surrender  in any part of the world but then it be not secundum experience because the  particular estate must be drown secundum experience and this custom must be  take strict and certain the first taker can bar the remainder by deed the  court if it be but one single estate a small matter may suffice to throw it  into the lord hand but here be the interest of a three person concern it be by  a custom that this remainder only can be bar and that custom ought to be  strict pursue therefore a surrender by implication will not suffice and Mr  pollexfen construction will take away the assurance of the copyhold title  which be account the best because none can shower KB have a title but that  which may be see on the court roll and the judgement be affirm