case turner against benny in a action on the case upon a agreement to  surrender copyhold land general a averment that be surrender the land into the  hand of two tenant of the manor secundum experience c be sufficient without  show the custom S C lev S C keb roll Abr cro Elizabeth pale yellow Eq Rep Mod  ld ray Peer wms Peer wms Peer wms hob   a b a writ of error be bring to  reverse a judgement in the common plea in a action upon the case wherein the  plaintiff declare that it be agree between himself and the defendant that the  plaintiff shall surrender to the use of the defendant certain copyhold land  and that the defendant shall pay for those land a certain sum of money and  then he set forth that he do surrender the say land into the hand of two  tenant of the manor out of court secundum experience c exception the promise  be to surrender general which must be modern understand modern er p of a  surrender to the lord or to his steward and the declaration set forth a  surrender to two tenant which be a imperfect surrender cro car Kelynge chief  justice but in that case there be not the word secundum experience as in this  case Jones in Hilary term car roll in the case of Treburn v Purchas two point  be adjudge first that when there be a agreement for a surrender general then  such a particular surrender be nought second that the allege of a surrender  secundum experience be not sufficient but it ought to be lie that there be  such a custom within the manor and then that accord to that custom he  surrender into c accord be the case of diverit v Ratclip cro Elizabeth Coleman  contra we do say that we be to surrender general and then we aver that actual  we do surrender secundum experience and if we have say no more it have be well  enough then the add into the hand of two tenant c I take it that it shall not  hurt beside we need not to allege a performance because it be a mutual promise  and be cite the case of Camphugh v Brathwail hob Twisden justice I remember  the case of Treburn he be my client and the reason of the judgement be in comb  case because the tenant be themselves but atorneys and they compare it to this  case I be bind to levy a fine it may be do either in court or by commission  but I must go and know of the person to who I be bind how he will have it and  he must direct I in the principal case the judgement be affirm nisi c