901 



BARGAIN. 



BARILLA. 



now unnecessary, provided the deed purport to be an indenture, 8 & 9 

 Viet. c. 106, s. 5. (' Blackst. Com.' vol. ii. p. 336, Dr. Kerr's edit. ; and 

 see DEED, IXDENTUKE.) 



The enrolment of a bargain and sale is a copy of the deed upon 

 parchment preserved in the records of the court ; and as the statute 

 requires this to be made within six months, without saying calendar 

 months, it is understood, according to a well known rule of law, to 

 mean lunar months, consisting each of twenty-eight days. But a 

 recent statute for the abolition of fines and recoveries (3 & 4 Will. IV. 

 cap. 74) provides (s. 41) that bargains and sales made in pursuance of 

 that act shall be good if enrolled within six calendar months. The 

 deed may be enrolled upon proof of its due execution, without the 

 concurrence of the bargainer. 



As the statute of enrolments obstructs the operation of the con- 

 veyance until it be enrolled, frequent questions have arisen in our 

 courts as to the legal rights of the bargainee in the interval between 

 the execution of the deed and the enrolment. For most purposes the 

 enrolment has a retrospective relation to the delivery of the deed, so 

 as to give it the same effect as if the enrolment were immediate. But 

 it has been held that, although the bargainee of a reversion is entitled 

 to the rent incurred between the delivery and the enrolment, yet if 

 the tenant pay the rent to the bargainer, the payment is lawful, and 

 the bargainer ia not compellable at law to account for it. Again, it 

 seems that, if a bargainee before enrolment convey the estate by bar- 

 gain and sale to another person, and then enrol the first deed, the 

 second deed Is void, though it be afterwards enrolled. So a lease made 

 by a bargainee before enrolment is not valid. Upon this part of the 

 subject see Saunders ' On Uses and Trusts,' vol.'ii. p. 55. The 74th 

 section of the 3 & 4 Will. IV. cap. 74, provides that every deed to be 

 enrolled under that act shall take effect as if enrolment had not been 

 required, but shall be void against a purchaser for valuable considera- 

 tion claiming under a deed subsequent in date but enrolled before 

 the other. 



Enrolments of bargains and sales of freehold land being considered 

 as deeds of record have been deemed so far worthy to be assimilated 

 in their nature to records as to render a copy of an enrolment admis- 

 sible, in the first instance, as evidence in a court of law, without any 

 actual proof of its execution. This cannot be the case with any other 

 kind of deed, except where the original is in the possession of the 

 adverse party, who refuses, after notice given, to produce it. But stat. 

 10 Anne, c. 18, s. 3, in conformity (as it is said) with former usage, 

 has given to enrolments of deeds of bargain and sale the same privilege 

 with other records, by making copies of them of the same force, when 

 produced in evidence, as the originals. Such copies must be examined 

 with the enrolments and signed by the proper officer (whence they are 

 called office copies), and must be proved upon oath to be true copies so 

 examined and signed. 



Some time after the passing of the Statute of Enrolments a method 

 of evading the object of it was discovered. The statute, in terms, only 

 extends to conveyances of estates of freehold or inheritance. Therefore 

 if a person, being himself possessed of an estate of freehold (for other- 

 wise, as we have mentioned above, the Statute of Uses itself did not 

 apply), carved an interest for a term of years out of such estate by 

 deed of bargain and sale, such deed did not require enrolment. And 

 the Statute of Uses conferring upon such bargainee for years the legal 

 possession of the land, he was in a condition to receive from the bar- 

 gainor a release of the freehold reversion : for a release is a relinquish- 

 ment of right, and by the rules of the common law can only be made 

 to a person who has already some interest in the land, which enables 

 him. to avail himself of the right relinquished. [RELEASE, REVERSION.] 



This was the origin of the now disused conveyance by lease and 

 release, which, from its convenience in effecting a transfer of the legal 

 freehold by the rules of the common law, without any additional 

 ceremonies, had, at one time and until very recently, nearly superseded 

 every other mode of alienation of freehold property. The modern 

 conveyance by lease and release was a transaction compounded of a 

 bargain and sale and a release at common law, in which two deeds were 

 required. The first, which was generally a lease by bargain and sale 

 for one year for a nominal consideration, by force of the Statute of 

 Uses gave the actual legal possession of the land, without a formal 

 entry, to the bargainee. The second, which generally bore date the 

 day after the date of the lease, was a deed of release of the freehold 

 and inheritance of the land to the party who had already obtained 

 possession by virtue of the lease for a year. For a further account of 

 this mode of conveyance, see LEASE and RELEASE. 



It is to be observed, however, that as before the Statute of Uses it 

 was a rule of, law that a corporation could not be seised to a use, so 

 since that statute no corporation {even though otherwise not disabled 

 in law from alienation) can convey by bargain and sale. Therefore 

 such a corporation, in order to convey by lease and release, had to 

 make a lease operating at the common law ; in which case an actual 

 entry upon the land by the lessee and payment of rent was to be made 

 before the lessee had such a possession as to enable him to take a 

 release of the reversion. 



and 



The operative words of transfer commonly used in a deed of bargain 

 id sale are ' bargain and sell ; ' but it seems that if a man, for a 



pecuniary consideration, by deed indented, covenant to stand seised to 

 the use of another, or give and enfeoff, or alien, grant, and demise to 



him, such deed, if properly enrolled, will operate as a bargain and sale. 

 (Sanders, ' Uses and Trusts,' vol. ii. p. 49.) 



A bargain and sale, as well as a lease and release, is said to be a 

 harmless conveyance, that is, if a person by either of these modes of 

 conveyance professed to grant a larger interest than he actually 

 possessed in the land (as where a tenant for life attempted to convey 

 the fee), the conveyance operated only to pass such interest as the 

 grantor could lawfully convey. But if such tenant for life had 

 formerly attempted an alienation by a more violent mode of conveyance 

 (as by feoft'ment), a forfeiture of the life estate ensued, and the person 

 next in remainder or reversion was entitled to take advantage of such 

 forfeiture by an immediate entry upon the lands. 



The act 8 & 9 Viet. c. 106, took away from the feoffment its tortious 

 operation. The conveyance by bargain and sale has now become dis- 

 used, the mode of transfer by lease and release having been superseded 

 by simpler methods of transfer. All property can now be conveyed 

 by a simple deed of grant, which requires in ordinary cases no enrol- 

 ment, 8 & 9 Viet. c. 106, s. 2. 



BARGE-BOARD ; BARGE-COURSE. Barge-course is a term applied 

 to that part of the tiling of a roof which projects over the gable end of 

 a building. The under part of the barge-course, immediately over the 

 external wall of the gable, is commonly stuccoed, and to protect this 

 stucco from the weather, two boards, called large-boards, following the 

 inclination of the roof, are usually attached to the gables of old English 

 houses, fixed near the extremity of the barge-course, and carved in the 

 richest manner. These barge-boards may be considered as one of the 

 peculiar characteristics of domestic Gothic architecture. Barge-boards 

 were also placed on the ends of the gables of church-porches, when 

 these were constructed of wood. Examples still remain of barge- 

 boards of the 14th century, which are marked by the quiet richness 

 characteristic of the carved-work of the English ecclesiastical archi- 

 tecture of that period. In the succeeding century they were less 

 ecclesiastical in style ; the cusps which were usual in the earlier ones 

 were in the 16th century omitted, and the barge-board bore a hip- 

 knob, which was carried upwards as a finial and downwards as a 

 pendant : sometimes, however, the pendant only was used. Nume- 

 rous fine examples of these barge-boards may be seen at Coventry, 

 Shrewsbury, Oxford, Salisbury, and other towns which retain examples 

 of our older domestic architecture. (See Pugin's ' Ornamental Gables,' 

 in which the rich designs of many of these carved boards are admi- 

 rably drawn.) 



The word barge has been supposed to be a corruption of lash, which 

 is used provincially to express beating in, beating on, and beating 

 down ; the barge-board being placed at the gable ends of buildings to 

 protect the barge-course from the rain, which would otherwise beat in 

 upon it : ion/e-board might, it was thought, therefore possibly be a 

 corruption of JasA-board. But it is perhaps more likely to be a cor- 

 ruption of rmje-board. It sometimes occurs as purge-board, and may 

 have been so called from its protecting the parget or plaster of the 

 barge-course. 



BARILLA, the commercial name given to the impure carbonate 

 of soda formerly imported into this country, principally from Spain, 

 the Canary Islands, and Sicily. The best was brought from Alicante, 

 in the neighbourhood of which place it was prepared from two plants, 

 the salsola satira, or barilla, whence the name of the preparation, and 

 the sailer. These plants were very extensively cultivated in Valencia 

 and Murcia, and the produce was annually exported from Alicante to 

 the amount of 90,000 cwt. By far the largest proportion of this 

 quantity found a market in this kingdom. The plants are raised from 

 seed which is sown at the close of the year, and they are usually in a 

 fit state to be gathered in the month of September following. They 

 are then plucked up by the roots, and after they have been allowed to 

 become heated by being thrown together in heaps, are dried in the sun 

 by the same method as is used in England for making meadow-hay. In 

 October the plants are burned. For this purpose, hemispherical 

 holes are made in the earth capable of containing about a ton and 

 a-half of soda ; two iron bars are laid across each of these cavities, and 

 the dried plants, mixed with straw and reeds, are placed upon these 

 supports. The whole is then set on fire, when the soda which the 

 plants contain is fused and flows into the cavity beneath in the form of 

 a red-hot fluid. This burning is continued by the constant heaping on 

 of plants until the pit is filled, when the alkali is covered over with 

 earth and left to cool gradually, during ten or twelve days. At the 

 end of that time the mass is found to be of a hard and spongy con- 

 sistence ; and this, when broken into fragments, is ready for shipment. 

 Barilla of the best quality is of a bluish-gray colour ; that which is 

 made from other plants, and which is inferior, is of a colour approach- 

 ing to black, and of greater specific gravity than barilla made from the 

 plants above-named. 



From 1829 to 1834 the importation of barilla into Great Britain for 

 the manufacture of soap and glass averaged 252,000 cwts. Now little 

 or none is imported. This change has been occasioned by the pro- 

 duction of carbonate of soda from common salt, through the agency 

 of sulphuric acid ; salt having become much cheaper from the repeal 

 of the duty, and sulphuric acid also from improvements in the manu- 

 facture. The quantity of carbonate of soda now consumed annually is 

 calculated to be at least seven times as much as the largest importations 

 of barilla in any single year. [SODA, MANUFACTURE OF.] 



