8. The surrenderee must agree to and accept of the surrender; for till this be done, the surrender is not perfect: but if he do ever agree to it, he cannot afterwards disagree to it.

9. The actual entry of the surrenderee into the land is not necessary; for a surrender in general shall be taken most strongly against the surrenderor, and' most beneficially for the surrenderee.

10. To the passing of an estate for life by a deed of surrender there needs no livery of seisin.

11. When a deed is intended for a surrender, and it cannot so enure, yet it shall operate to other purposes according to the matter of it; as if lessee for life, the reversion being in joint-tenants, grant the land to one or all of the jointtenants for twenty years: this shall not enure as a surrender, but as a grant; for there remains an interest in the lessee still as a mesne estate.

12. There may be covenants in this deed also; but the surrender is good without any covenants at all.

FORM OF A SURRENDER OF LEASEHOLD PREMISES.

THIS INDENTURE made, &c. BETWEEN the (surrenderor) of the one part, and the (surrenderee) of the other part. WHEREAS [Here recite the lease and the agreement for the surrender thereof.] Now THIS INDENTURE WITNESSETH, that in pursuance of the said recited agreement, and for and in consideration of the sum of £- of lawful money of Great Britain to the said (surrenderor) in hand well and truly paid by the said (surrenderee,) at or before the 'sealing and delivery of these presents, the payment and receipt whereof he the said (surrenderor) doth hereby acknowledge; and thereof, and of, and from every part thereof doth acquit, release, exonerate, and for ever discharge the said (surrenderee,) his executors, administrators, and assigns, as well by these presents as by the receipt for the same sum hereupon indorsed, HE the said (surrenderor) HATH bargained, sold, assigned, surrendered, and yielded up, AND by these presents DOTH bargain, sell, assign, surrender, and yield up unto the said (surrenderee,) his executors, administrators,

and assigns, ALL, &c. [describing the parcels] TO HAVE AND TO HOLD the said piece or parcel of ground and premises hereinbefore mentioned, to be hereby assigned and surrendered, with their and every of their rights, members, and appurtenances unto the said (surrenderor,) his heirs and assigns, for and 'during all the rest, residue, and remainder of the said term of. years, by the above recited indenture of lease granted or demised, and now to come and unexpired, TO THE END, intent, and purpose that the said term as to or for and concerning such part of the said ground, messuage or tenement, hereditaments, and premises, hereby assigned and surrendered, or intended so to be, as aforesaid, may be merged and extinguished in the inheritance of the same premises now vested in the said (surrenderor.) [Here may be introduced covenants from the surrenderor that he has done no act to incumber, and for further assurance, or the like.] IN WITNESS, &c.

CHAP. IX.

OF AN EXCHANGE.

A DEED OF EXCHANGE is the mutual grant of equal interests, the one in exchange for the other. Shep. Touch, 289.

Or, it is where a man is seised or possessed of land in feesimple, fee-tail, for life, or years, and another is seised or possessed of other lands in the like manner, and they do exchange their lands the one for the other, and in this there is a double grant; for each of them doth grant that which is his to the other. Shep. Pr. 51. Touch. 289. cannot exchange with each other until after partition made. Touch. 292.

But coparceners

It is always made by the word EXCHANGE, which is the only operative word, and therefore indispensable; implying thereby a mutual warranty. Shep. Pr. 51. 53. Watk. Pr. 181. But an exchange, in the strict legal sense of the word, cannot be between three, the principles of it not being applicable to more than two distinct contracting parties, for want of the mutuality and reciprocity on which its operation so chiefly depends. Shep. Touch. Pr. Ed. 295.

To the making of a good deed of exchange, these things are required. Shep. Pr. 52.

To the perfection of an exchange, and to make things pass by this kind of conveyance, these things must be observed: FIRST, That the persons or parties thereunto be able to give and take, and not be disabled by any special impediment; and for this it must be known, that such persons as may be grantors and grantees may make exchanges;

and such persons as are disabled to grant are disabled to make exchanges. Shep. Pr. 52. Touch. 291.

And all the rést required to the making up of a good deed in general, is required to the perfecting this kind of conveyance. Shep. Pr. 52.

The SECOND thing required in a good exchange is, that the things exchanged be of such nature, that they are exchangeable one for another; and for this take these things. Shep. Pr. 52.

1. An exchange may be made of things of the same nature; as of a temporal thing for a temporal thing, a spiritual thing for a spiritual thing; as a house for a house, land for land, a manor for a manor, a church for a church, rent for rent, common for common: or it may be made of things of a diverse nature, as of a temporal thing for a spiritual thing, of a house for land or rent; a chamber in a house for a common or for a reversion, seigniory, or advowson; of land or rent for a right of land or release of right; of an advowson for land, or a rent for a way: and exchanges made of these things, although the things exchanged do lie in several counties, are good. Shep. Pr. 53. Touch.

292.

And houses, manors, lands, rents, commons, seigniories, reversions, and the like, may be exchanged in fee-simple, fee-tail, for life or years; so that an exchange may be of an inheritance for an inheritance; of a frank tenement for a frank tenement; and of chattels real for chattels real. Shep. Touch. 293.

But annuities, and such like things, which charge the person only, and do not concern lands and tenements, cannot be exchanged for land. Shep. Touch. 294.

2. The thing exchanged needeth not to be in being at the time of the exchange made; for a man may grant a rent de novo out of his land in exchange for a manor or other land. Shep. Pr. 53. Touch. 293.

3. There needs no transmutation of possession; for a

release of rent, estates, or right of land for land is good. Shep. Pr. 53. Touch. 293.

4. If all or part of the things, whereof the exchange is made, do lie in several counties; or if all or part of the things, whereof the exchange is, be such as lie in grant, and not in livery, although it be in the same county; in these cases the exchange must be made by deed indented, in writing. Shep. Pr. 53. Touch. 294.

5. The word "exchange," as before observed, must be had and used between the parties in the making of the exchange; for it imports a special warranty in respect of the mutual consideration of the lands exchanged, and without this word the deed cannot be good. Shep. Pr. 53, Touch. 295. 3 Salk. 158.

But

6. The next thing required is equality of estate; that is, that either party have the like kind of estate of the thing exchanged; so that if one have a fee-simple, the other must have a fee-simple likewise, and so for other estates. in this case it is not needful that the parties to the exchange be seised of an equal estate* at the time of the exchange made: nor is it needful that both estates be in possession; for land in possession may be exchanged for land in reversion: nor is it needful that, there be an equality in the value or quantity of the lands exchanged: nor is it needful that the quality or tenure of the estates and holding of the lands be alike; for lands held in joint tenancy may be exchanged for other land: nor is it needful that the parties to the exchange have a good title to the things exchanged; for the exchange is good until he that hath a better title doth enter and put out one of the parties. Shep. Pr. 54. Touch. 297.

7. The next thing required in a good exchange is, that there be an execution and perfection of the exchange by

For there may be paid a consideration in money for equality of exchange, in like manner as for equality of partition.