Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/385

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Ch. 22.
of Things.
369

in any other way, and his mouth for ever ſtopped from revoking or countermanding his own deliberate act[1]; except in the caſe of a ſurrender to the uſe of his will, which is always revocable[2].

2. As to the preſentment: that, by the general cuſtom of manors, is to be made at the next court baron immediately after the ſurrender; but by ſpecial cuſtom in ſome places it will be good, though made at the ſecond or other ſubſequent court. And it is to be brought into court by the ſame perſons that took the ſurrender, and then preſented by the homage; and in all points material muſt correſpond with the true tenor of the ſurrender itſelf. And therefore, if the ſurrender be conditional, and the preſentment be abſolute, both the ſurrender, preſentment, and admittance thereupon are wholly void[3]: the ſurrender, as being never truly preſented; the preſentment, as being falſe; and the admittance, as being founded on ſuch untrue preſentment. If a man ſurrenders out of court, and dies before preſentment, and preſentment be made after his death, according to the cuſtom, this is ſufficient[4]. So too, if ceſtuy que uſe dies before preſentment, yet, upon preſentment made after his death, his heir according to the cuſtom ſhall be admitted. The ſame law is, if thoſe, into whoſe hands the ſurrender is made, die before preſentment; for, upon ſufficient proof in court that ſuch a ſurrender was made, the lord ſhall be compelled to admit accordingly. And if the ſteward, the tenants, or others into whoſe hands ſuch ſurrender is made, do refuſe or neglect to bring it in to be preſented, upon a petition preferred to the lord in his court baron the party grieved ſhall find remedy. But if the lord will not do him right and juftice, he may ſue both the lord, and them that took the ſurrender, in chancery, and ſhall there find relief[5].

  1. Co. Copyh. §. 39.
  2. 4 Rep. 23.
  3. Co. Copyh. 40.
  4. Co. Litt. 62.
  5. Co. Copyh. §. 40.
Vol. II.
Y y
3. Admit-