BAR 



of manors, lands, and other things, transferring the property 

 thereof from the bargainor to the burgainee, for a confidera- 

 tion in money : or, it is an inflrument by which the property 

 of lands and tenements is for valuable confideration granted 

 and transferred from one perfon to another. It is called a 

 real contraft upon a valuable confideration, for pafling of 

 lands, tenements, and hereditaments, by deed indented and 

 enrolled. 2 Lift. 672. 



It is a good contraft for land, and the fee pafTes, though 

 it be not faid in the deed, to have and to hold to him and liis 

 heirs, and though there be no livery zuA feiiin given by the 

 vendor, fo it be by deed indented,, fcaled, and enrolled, 

 cither in the county where the land lies, or in one of the 

 king's courts of record at Weftminfter, within fix months 

 after the date of the deed. 



This manner of conveying lands was created and cflabli(hed 

 • by the 27 Hen. VIII. c. 10. which executes all ufes raifed ; 

 and as this introduced a more fecret way of conveying than 

 was known to the policy of the common law, therefore the 

 enrolmeiit of the deed of bargain and falc was made necetTan' 

 by the 16th chapter of that ftatute. The objedls of this 

 proviiion evidently were, firft, to enforce the contracting 

 parties to afcertain the terms of the conveyance by reducing 

 it iuLO writing ; fecondly, to make the proof of it eafy, by 

 requiring their feals to it, and confeqiiently the prefencc of 

 3t witnefs ; and laftly, to prevent the frauds of fecret convey- 

 ances, by fubftituting the more effectual notoriety of en- 

 rolment, for the more ancient one of liver)-. But the 

 latter part of this provifion, which, if it had not been evaded, 

 xvould have introduced almoft an univerfal regifter of con- 

 veyances of the freehold, in cafe of corporeal hereditaments, 

 was foon defeated by the invention of the conveyance by 

 leafe and releafe, which fprung from the omiflion to extend 

 the ftatute to bargains and fales for terms of years : (See 

 8 Co. 93. 2 Ro. Abr. 204. 2 Inft. 671.) and the other 

 parts of the ftatute were neceffarily ineffectual in our courts 

 of equity, becaufe thefe were ftill left at liberty to compel 

 the execution of trufts of the freehold, though created 

 without deed or writing. The inconveniences arifing from 

 this infufficiency of the ftatute of enrolments arc now in 

 fome meafure prevented by ftat. 29 Car. II. c. 3. which 

 provides againft conveying any lands or hereditaments for 

 more than three years, or declaring trufts of them, other- 

 wife than by writing, i Inft. 483. n. 3. See Blackft.Com. 

 vol. ii. p. 338. Jacob's Law Did. by Tomlyns, Art. Bar- 

 gain and Sale. 



Bargains, in Commerce, are of divers kinds: -verbal, 

 thofe made only by word of mouth, and giving earneft ; 

 •written, thofe where the terms are entered in form on paper, 

 &c. 



At Amfterdam they diftinguifh three kinds of bargains. 



Bargains, Conditional, for goods which the feller has 

 not yet in his noftelhon ; but which he knows have been 

 boucrht for him by his correfpondents abroad, and which 

 he obliges himfelf to dehver to the buyer, on their arrival, 

 at the price and the conditions agreed on. 



Bargains, Fiim, thofe wherein the feller obliges himfelf 

 to deliver to the buyer a certain quantity of goods, at the 

 price and in the tline agreed on. 



Bargains, Optional, thofe wherein a dealer obliges him- 

 felf, in confiderr.f.ion of ?i. premium received in hand, either to 

 deliver or take a certain quantity of goods at a fixed price, 

 and within a lime limited ; but with a liberty, neverthelefs, 

 of not delivering or not receiving them, if they think proper, 

 upon forfeiture of \.\\e\r premium. 



Bargain s, Forehand, are tliofe, wherein goods arc bought 

 Vol. III. 



BAR 



or fold, in order to be delivered at a certain time afterwards, 

 fome part of the price being advanced. 



BARGAS.\, in y/ncicnl Geography, a town of Alia, in 

 Caria, feated at the bottom of the gulf called Ceramicus. 



BARGAZAR Point, in Geography, a cape on the coaft 

 of Iceland. N. lat. 66" 18'. W. long. 16" 38'. 



BARGE, in Navigation, a kind of Hate, or pleafure- 

 boat, or large luggage-boat, ufed chiefly in the navigatioa 

 of rivers which lead to great cities. 



Barges are of various kinds, and acquire various names, 

 according to the variety of their ufes and ftrufture : a?, 

 yi company's barge, A Severn Irotu, 



A row barge, A Ware barge, 



A royal barge, A light horjcman, 



A /and barge, A Wejl-counlry barge. 



A barge differs from a bark, as beir.g fmaller, and ufed 

 only on rivers ; whereas t'le latter goes out to fca. 



There are alfo barges, belonging to men of war, ferving 

 to carry generals, admirals, and chief commanders. 



Sailing barges are vefTcls with one mart, and fometimei 

 a bovvfprit. Thofe thr.t have boom-faiis, are rigged like 

 Hoops ; but, ha\"ing few hands on board, the boom and 

 gaft are more eafily hoifted or topped, the power being 

 increafed by the addition of blocks. Sailing lighters or 

 barges, with a fprit-mainfail, rig with a fprit-yard at the 

 head of the fail, hanging diagonally to the maft. Some 

 large barges have vangs like a fhip's mizen, and a djwn- 

 hauler at the peek-end of the fprit-yard. Large barges 

 have a fore-fail, jib, crofs-jack-yard, and top-fail, ilmilar to 

 Hoops. 



Barge, or Barges, in Geography, a town of Piedmont, 

 in the diftricl of the 4 Vallics, yf miles foutli of Pine- 

 rola. 



BARGE-5rHHf, in Ornithology, BufFon's name of the dufky 

 fnipe ; fcolopax fufca, Gmelin. 



Barge Blanche, is likevvife a name afligned by Buffon to 

 the white avofet, recurvirojlra alba, Gmelin. 



Barge' le Chatel, in Geography, a town of France, ia 

 the department of the Ain, and chief place of a canton, 

 in the diftrid of Por.t-de-Vaux, 4^ leagues W.N'.W. of 

 Bourg-en-Brefl<:. N. lat. 46° 19'. E. long. 4° 49'. 



'SiAKGi-Couples, in Architedure, a beam mortifed into ano- 

 ther, to ftrengthen the building. 



BARGE-Csur/J is ufed by workmen, to fignify a part of 

 the tihng, which projeds over the gable of a building, and 

 is made up with mortar. 



BARGEMON, in Geography, a town of France, in the 

 department of the Var, and chief place of a canton in the 

 diftrid of Draguignan, 2 leagues N.N. E. of Draguignan. 



BARGH, is ufed in fome places of England for a ftcep 

 horfe-'.vay up a hill. 



It feems to come from the German bargh, a hill. 



B.\?.GH-3faJler, Barmer, or BAR-3IaJler, in the Royal 

 Mines, the fteward or judge of tlie barghmote. 



The word is formed of the German berg-me'ijler, q. d. 

 majler of the mines. 



The' bar-mafter is to keep two great courts of bannote 

 yearlv, and ever\- week a fmali one, as occafion requires. 



BARGHMOTE, or Barmote, a court which takes 

 cognizance of caufes and difputes between miners. 



Some fuppofe it thus called from a bar, at which the 

 fuitors appear; others, with more probability, dtri-.e the 

 word from the German ^v.-^, a mine. 



By the cullom of the mines, no perfon is to fue any miner 

 for ore-debt, or for ore, or for any gro;ind in variance, but 

 only in the court of barmote, on penalty of forfeiting the 

 debt, and paying the charge at law. 



4L I5AR<}I- 



