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. Fawen, Bendloe, 171, "home ove petit chien chase barbitts."
BARE TRUSTEE. A person to whose fiduciary office no duties were originally attached, or who, although such duties were originally attached to his office, would, on the requisition of his cestuis que trust, be compellable in equity to convey the estate to them or by their direction. 1 Ch. Div. 279.
BARET. L. Fr. A wrangling suit. Britt. c. 92; Co. Litt. 368b.
BARGAIN. A mutual undertaking, contract, or agreement.
A contract or agreement between two parties, the one to sell goods or lands, and the other to buy them. Hunt v. Adams, 5 Mass. 360, 4 Am. Dec. 68; Sage v. Wilcox, 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 less significative of the constant of two. In a popular sense, the former word is frequently used as declaring the engagement of one only. A man may agree to pay money or to perform some other set, and the word is then used synonymously with 'promise' or 'engage.' But the word 'bargain' is seldom used, unless to express a mutual contract or undertaking." Packard v. Richardson, 17 Mass. 131, 9 Am. Dec. 123.
—Bargainee. The party to a bargain to whom the subject-matter of the bargain or thing bargained for is to go; the grantee in a deed of bargain and sale.—Bargainor. The party to a bargain who is to perform the contract by delivery of the subject-matter.—Catching bargain. A bargain by which money is loaned, at an extortionate or extravagant rate, to an heir or any one who 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 conveyancing. The transferring of the property of a thing from one to another, upon valuable consideration, by way of sale. Shep. Touch (by Preson,) 221.
A contract or bargain by the owner of land, in consideration or money or its equivalent paid, to sell land to another person, called the "bargainee," whereupon a use arises in favor of the latter, to whom the seisin is transferred by force of the statute of uses. 2 Washb. Real Prop. 128; Brittin v. Freeman, 17 N. J. Law, 231; Iowa v. McFarland, 110 U. S. 471, 4 Sup. Ct. 210, 23 L Ed. 198; Love v. Miller, 53 Ind. 296, 21 Am. Rep. 192; Slifer v. Beates, 9 Serg. & R. (Pa.) 176.
The expression "bargain and sale" is also applied to transfers or personalty, to cases where there is first an executory agreement for the sale, (the bargain,) and then an actual and completed sale.
The proper and technical words to denote a bargain and sale are "bargain and sell," but any other words that are sufficient to raise a use upon a valuable consideration are sufficient. 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 letter of an instrument, or outer covering of the ideas sought to be expressed, as distinguished from its inner substance or essential meaning. "If the bark makes for them, the pith makes for us." Bacon.
BARLEYCORN. In linear measure. The third of an inch.
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.
BARNARD'S INN. An inn of chancery. See Inns of Chancery.
BARO. An old law term signifying, originally, a "man," whether slave or free. In later usage, a "freeman," a "strong man," a "good soldier," a "baron;" also a "vassal," or "feudal tenant or client," and "husband," the last being the most common meaning of 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 feme," husband and wife.
—Baron and feme. Husband and wife. A wife being under the protection and influence of her baron, lord, or husband, is styled a "feme-covert," (fœmina viro cooperta,) and her state of marriage is called her "coverture." Cummings v. Everett, 82 Me. 200, 19 Atl. 456.—Barons of the cinque ports. Members of parliament from these ports, viz.: Sandwich, Romney, Hastings, Hythe, and Dover. Winchelsea and Rye have been added.—Barons of the exchequer. The six judges of the court of exchequer in England, of whom one is styled the "chief baron;" answering to the justices and chief justice of other courts.
BARONAGE. In English law. The collective body of the barons, or of the nobility at large. Spelman.
