Page:Black's Law Dictionary (Second Edition).djvu/128

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BARBANUS 120 BARONAGE  

BARBANUS. In old Lombardic law. An uncle, (patronus.)

BARBICANAGE. In old European law. Money paid to support a barbican or watch-tower.

BARBITTS. L. Fr. (Modern Fr. brebis.) Sheep. See Milieu v. F.iwei1, Bemiloe, 171, -‘home we petit chien chase barl>n‘ns."

BARE TRUSTEE. A person to wiiose fiduciary office no duties were originally nttxched, or who, although such duties were originally attached to his office, would, on the requisition of his ccstuis que tr-uxt, he compeiinbie in equity to convey the estate to them or by their direction. 1 Ch. Div. 219.

BARET. L. Fl‘. C. 92; C0. Lltt. 3681).

A wrangling suit. Britt.

BARGAIN. A mutual undertaking, contract, or ngieement.

A contract or agreement between two parties, the one to sell goods or lands, and the other to buy them. fiuut v. Ariams, 5 Mass. 360, 4 Am. Dec. 68; Sage v. V\ ilcox, 6 Conn. 91; Bank v. Archer, 16 Miss. 192

"If the word ‘agreement’ imports a mutual act of two parties, surely the word ‘bargain’ is not iess signilicnlive of the constant of two. In a popular sense, the former word is frequent- ly used as declaring the engagement of one only.

man may agree to pay money or to perform some other set, and the word is then usrd synonymously with ‘promise' or ‘engage.’ But the word ‘bargain’ is seidom used, nniess to express a mutual contract or unrici“t.'iking." lfnclmrcl v. Richardson. 17 Mass. 1.’. , 9 Am. Dec. 1223. —Ba1-gainee. The party to a bargain to whom the snbject—m:1tter of the bargain or thing bargained for is to go: the grantee in a deed of bargain and sale.—Ba.rga.ino1'. The party to u hargnin who is to perioiin the contract hy delixery of the subject-m:_it1or.—Cntg:liing bargain. A bargain by which money is loaned, at nn cxtortionthe or exll'a\fl_2_ililt rate. to an hair or any one “ho has an estate in reversion or expectancy, to be repaid on the_ vesting of his interest: or a similar unconscionable bargain with such person for the purchase outright of his expectancy.

BARGAIN AND SALE. In conveyanc- in._:. The transferring of the property of a thing from one to another. upon vaiuabie cousldciation, by way oi! sale. Shep. Touch (by I’re~:tou,) 221.

A contin-_t or bargain by the owner of land, in consideration or money or its equivalent paid, to sell land to another person, called the "bargainee," vshereupon a use arises in favor of the latter. to whom the seisin is transferred by force of the statute of uses. 2 Waslib. Reai Prop. 128; Brittin v. Freeman, 17 N. J. Law. 231: Iona v. 1\/ICF‘i'ti'ii1l.ld, 110 U. S. 471, 4 Sup. Ct. 210, 23 L Eil. 198; Love v. Miiler, 53 Ind. 296. 21 Am. Rep. 192; Slifer v. 130: es. 9 Seig. 8: R. (i’ri.) 176.

The expression “bargain and sale" is also

applied to transfers or personalty, to cases where there is first an executor-y agreement for the sale, (the ba.rgain,) and then an actual and completed sale.

The proper and technical words to denote a bargain and s-ile are "bargain and sell," hut any other words that are sulhclent to raise a use upon :1 valuable consideration nre sufiioient 2 Wood. Conv. 15, Jackson ex dem. Hudson v. Alexander, 3 Johns. 484, 3 Am. Dec. 517.

BARK. Is sometimes figuratively used to denote the mere words or lei ter of an instru- ment, or outer covering of the ideas sought to be expressed, as distinguished from its innei substance or essential meaning. "it the bark makes for them, the pith nisku for us." Bacon.

BARLEYCORN. third of an inch.

In iinear measure. The

BARMOTE COURTS. Courts held in certain mining districts belonging to the Duchy of Lancaster, for regulation of the mines, and for deciding questions of title and other matters relating thereto. 3 Steph. Comm. 347, note b.

BAR.NA.'R.D's INN. An inn of chancery. See Inns or CLIANCERY.

BARO. An old law term signifying, orig- inally, :1 "man," whether elave or free. in later usage, :1 “treeman." a "strong man," a “good soldier," a "baron ;" also a "rass ." or "feiuliil tenant or client," and "hushrind," the inst being the most common meaning or the word.

BARON. A lord or nobleman; the most general title of nobility in England. 1 Bl. Comm. 398, 399.

A particular degree or title of nobility, next to a Viscount.

A judge of the court of exchequer. 3 Bl. Comm. 44; Cowell.

A freeman. Co. Litt. 58a. Also a vassal holding directly from the king.

A husband; occurring in this sense in the phrase "baron et fame," husband and wife. —Biarun and feme. Husband and nife. A wife Ming under the protection and influence of her lmrzm, lord, or husband, is styicd s “ft1m:~om,ert," (frmnina viro conpertm) and hcr state _of miiriiagc is called her “eoverturc ' Cummings v. Everett, 82 Me. 200, 19 All. 456. —B:u-ans of the einqno ports. Members of piiiliinicut from these ports, viz.: Sandwich, Romney, Hastings, Hythe, and Dover. Win- (-l~e-isea and Rye have been i1ddcd.—Ba1-ans of the exelieqncx-. The six juIi;,'('s of the court of exchoquer in England, of_n-hom one is styled the “chief baron :" answering to the justices and chief justice of other courts.

3B1.

BARONAGE. In English law. The collective body of the barons, or of the nobility

at large. Spelman.