Blacks Law Dict. 1st ed

1143

SURRENDER OF COPYHOLD

SURMISE

confused and sudden impressions. 1 Story, Eq Jur. § 120, note. In law. The general rule is that when a party or his counsel is "taken by surprise," in a material point or circumstance which could not have been anticipated, and when want of skill, care, or attention cannot be justly imputed, and injustice has been done, a new trial should be granted. Hill. Kew Trials, 521. SURREBUTTER. In pleading. The plaintiff's answer of fact to the defendant's rebutter. Steph. PI. 59. SURREJOINDER. In pleading. The plaintiff's answer of fact to the defendant's rejoinder. Steph. PI. 59. SURRENDER. A yielding up of an es tate for life or years to him who has an im mediate estate in reversion or remainder, by which the lesser estate is merged in the gieater by mutual agreement. Co. Litt. 3376. An assurance restoring or yielding up an estate, the operative verbs being "surrender and yield up." The term is usually applied to the giving up of a lease before the expira tion of it. Wharton. The giving up by bail of their principal into custody, in their own discharge. 1 Bur* rill, Pr. 394. Of charter. A corporation created by charter may give up or "surrender" its char ter to the people, unless the charter was grant ed under a statute, imposing indefeasible du ties on the bodies to which it applies. Grant, Corp. 45. SURRENDER BY BAIL. The act, by bail or sureties in a recognizance, of giving up their principal again into custody. SURRENDER BY OPERATION OP LAW. This phrase is properly applied to cases where the tenant for life or years has been a party to some act the validity of which he is by law afterwards estopped from dis puting, and which would not be valid if his particular estate continued to exist. SURRENDER OP COPYHOLD. The mode of conveying or transferring copyhold property from one person to another is by means of a surrender, which consists in the yielding up of the estate by the tenant into the hands of the lord foi such purposes as are expressed in the surrender. The process in most manors is for the tenant to come to the steward, either in court or out of court, or else to two customary tenants of the same

A surmise is something offered to a court to move it to grant a prohibition, audita querela, or other writ grantable thereon. Jacob. In ecclesiastical practice, an allegation in a libel is called a "surmise." A collateral surmise is a surmise of some fact not appear ing in the libel. Phillim. Ecc. Law, 1445. SURNAME. The family name; the name over and above the Christian name. The part of a name which is not given in baptism; the last name; the name common to all members of a family. SURPLICE PEES. In English ecclesias tical law. Fees payable on ministerial offices of the church; such as baptisms, funerals, marriages, etc. SURPLUS. That which remains of a fund appropriated for a particular purpose; the remainder of a thing; the overplus; the residue. SURPLUSAGE. In pleading. Allega tions of matter wholly foreign and imperti nent to the cause. All matter beyond the circumstances necessary to constitute the ac tion. SURPLUSAGE OP ACCOUNTS. A greater disbursement than the charge of the accountant amounts unto. In another sense, "surplusage" is the remainder or over plus of money left. Jacob. Surplusagium non nocet. Surplusage does no harm. 3 Bouv. Inst. no. 2949; Broom, Max. 627. SURPRISE. In equity practice. The act by which a party who is entering into a contract is taken unawares, by which sud den confusion or perplexity is created, which renders it proper that a court of equity should relieve the party so surprised. 2 Brown, €h. 150. Anything which happens without the agency or fault of the party affected by it, tending to disturb and confuse the judgment, or to mislead him, and of which the opposite party takes an undue advantage, is in equity a surprise, and one species of fraud for which relief is granted. Code Ga. 1882, § 3180. The situation in which a party is placed, with out any default of his own, which will be injurious to his interests. 8 Mart. (N. S.) 407. There does not seem anything technical or pecul iar in the word "surprise," as used in courts of equity. Where a court of equity relieves on the ground of surprise, it does so upon the ground that the party has been taken unawares, and that fee has acted without due deliberation, and under

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