BAR 
gained and fold tctum JIatum fuum in fee , though lie died 
before enrolment; yet, if the deed were afterwards en¬ 
rolled, the moiety would hot furvive, but would pafs to 
the bargainee. Cro. Jac. 53. Co. Lit. 186. 1 Bulfl. 3. 
The very words bargain and fell are not of abfolute nc-' 
celllty in this deed, for other words equivalent will fuffice; 
as, if a man feifed of lands in fee fell the fame to another, 
by.the words alien or grant, the deed being made in con¬ 
fideration of money, and indented and enrolled, will be 
an effeftual bargain and fale. in fliort, whatever words 
upon valuable confideration would have raifed an life of 
any lands, &c. at common law, the fame would amount 
to a bargain and fale within this aft ; as/ if.a man by deed, 
See. for a valuable confideration covenants to Hand feifed 
to'the ufe of another, Sec. 2 Injt. 673. Cro. Jac. 210. Mo. 
34. Cro. Eliz. 166. 
III. There mud be a good confideration given, or at 
lead faid to be given, for lands, in thefe deeds; and, fora 
competent fum of money, is a good confederation; but 
not the general words for divers confiderations, £c. Mod. 
Ca. 777. Where money is mentioned to be paid in a bar¬ 
gain and fale, and in truth no money is paid, Tome of the 
books tell us this may be a good bargain and fale ; be-, 
caufe no averment will lie againd that which is exprefsly 
affirmed by the deed, except it comes to be quedioned' 
whether fraudulent or not, upon the datute againd frau¬ 
dulent deeds. Dyer 90. If no confideration of money.is' 
exprefled in a.deed of bargain and fale, it may be fupplied 
by an averment, that it was made for money : and, after 
a verdift on a trial, it diall be intended that evidence was 
given, at the trial, of money paid. 1 Ventr. 108. If lands 
are bargained and fold for money only, the deed is to be 
enrolled according to the datute ; but, if it be,in confide- 
ration of money, and natural affeftion, See. the effete will 
pafs without it. 2 Injl, 672. 2 Lev. 56. If a man, in con- 
iideration of fo much money to be paid at a day to come, 
bargains and fells, the ufe paffes prefently, and after the 
day the party has an aftion for the money, for it is a fale, 
be the money paid prefently of hereafter. Dyer 337 a. 
If the deed of bargain aqd fale be not enrolled within 
fix months, (which are to be reckoned after twenty-eight 
days to the month, the day of the date taken exclufively,.) 
it is of no force; fo that, if a man bargains and fells his 
land to me, and the trees upon it, although the trees might 
be fold by deed without enrolment, yet in this cafe if the 
deed be not enrolled, it will be good neither for the trees 
nor the land. Dyer 90. 7 Rep. 40. 2 Buljl. 8. A bargain 
and fale of a manor to which an advowfon is appendant by 
indenture not enrolled, will not pafs the advowfon or the 
manor, for it was to go as appendant. Bro. Caf. 240. But, 
in fome cafes, where a deed will not enure by way of bar¬ 
gain and fale, by reafon of fome defeft therein, it may be 
good to another purpofe. Dyer yo. 
If two bargains and fales are made of the fame land, to 
two feveral perfons, and the lad deed is fird enrolled; if 
afterwards the fird deed is alfo enrolled within dx months, 
the fird buyer diall have the land ; for, when the deed is 
enrolled, the bargainee is feifed of the land from the de¬ 
livery of the deed, and the enrolment diall relate to it, 
Heb. 165. Wood's Injl. 259. Neither the death of the bar¬ 
gainor or bargainee, before the enrolment of the deed of 
bargain and fale, will hinder the palling of the edate to 
the bargainee : but the edate of freehold is in the bar¬ 
gainor, until the deed is enrolled ; fo that the bargainee 
cannot bring any aftion of trefpafs before entry had : tiio’ 
it is faid he may furrender, allign, See. Cro. Jac. 52. Co. 
Lit. 147. A bargainee diall have rent which incurs after 
the bargain and fale, and before the enrolment of the 
deed, the edate fettles ab initio, by the dat. 27 Hen. VIII, 
c. 16 ; which fays, that it diall not ved, except the deed 
be enrolled; and, when it is enrolled, the edate vefts pre¬ 
fently by the datute of ufes, 1 Danv. Abr. 696. If feve¬ 
ral feal a deed of bargain and .fale, and but one acknow¬ 
ledge it, and thereupon the deed is enrolled; this is a 
good enrolment within the datute. Style 462, None can 
VQL. IL No. 99. 
BAR 72 1 
make a bargain and fale of lands, that hath not the aftual 
polleflion thereof at the time of the fale ; if lie hath not 
the portellion, the deed mud be fealed upon the land, to 
make,it good. 2 Injl. 672. 1 LiU. 290. Houles and lands 
in London, and in any city, &c. are exempted out of the 
datute of enrolments. 2 Injl. 676. 1NelJ.Abr. 2x2. Sec 
Enrolment. 
IV. In pleading a bargain and fale, the deed itfelf mull 
be diewn under feal. 1 Injl. 223. For, though the enrol¬ 
ment being on‘record is of undoubted veracity, being the 
tranfaftion of the court; yet the private deed has not the 
fartftion of a record, though publicly acknowledged and. 
enrolled ; for, it might have been falfely and fraudulently 
dated, or ill .executed. Co. Lit. 223 b. 2 Injl. 673. \ Co. 71. 
2 Rol.Rcp.i 19. It mud iikewife be let forth, that the enrol¬ 
ment was within fix months, or fecundamformamJlatnti, See. 
Allen 19. Carter 221. Style 34. In pleading a bargain and 
fale, the party ought regularly to aver payment of the 
money. 1 Leon. 170. In replevin the cafe upon the plead, 
ings was, that the defendant made a title under bargain 
and fale, enrolled within lix months, and the datute of 
ufes, and did not (hew that it was in confideration of mo¬ 
ney ; but adjudged, that, after a verdift, as this cafe was, 
it (hall be intended, that evidence was. given at the trial 
of money paid. 1 Vent. 108. The party that claims by’ 
any bargain and fale, mud drew in what court the deed is 
enrolled, b'ecaufe he mud fliew all things in certain that 
make out his title ; otherwife his adverfary would be put 
to an infinite fearch before he could traverfc with fecurity. 
Yelv. 213. Cro. Jac. 291. 
To Bargain, v. n. To make a contraft for the fale or- 
purchafe of any tiling: often with /er before the thing. 
Henry is able to enrich his queen, 
And not to leek a queen to make him rich. 
So worihlefs pealants bargain Jbr their wives. 
As market-men for oxen, fheep, or horfe. Shakcjpeart. 
BARGAINEE',,/. lie or die that accepts a bargain. 
BAR'GAINER, J. The perfon who proffers, or makes 
a bargain. 
BARGAZAR' POINT, a cape cm the coad of Iceland, 
Lat.66. 18. N. Ion. 16. 38. W. Greenwich- 
BARGE, / [ bargie, Dutch.] A veffel or boat of date, 
furnifiied with elegant apartments, canopies, and cufhions; 
equipped with a band of rowers, and decorated with flags 
and dreamers: they are generally ufed for procefiions on 
the water, by noblemen, officers of date, or magiftrates 
of great cities, particularly by thofe of London. Of this 
fort, too, we may naturally fuppofe the famous barge of 
Cleopatra, which Shakefpeare deferibes as follows : 
The barge die fat in, like a burnifli’d throne, 
Burnt on the water : the poop was beaten gold : 
Purple her fails; and fo perfumed, that 
The winds were love-fick with them : the oars were filver, 
Which to the tune of flutes kept time, and made 
The water which they beat to follow fader, 
As amorous of their drakes. 
There are Iikewife barges of a fmaller kind, for the ufe 
qf admirals and captains of fliips of war. Thele are of a 
lighter frame, and arc ealily lioided into and out of the 
fiiips to which they belong. 
Barge is alfo the name of a flat-bottomed veflel of bur. 
den, for lading and difeharging fliip?, and removing their' 
cargoes from place to place in a harbour. It is alio the vef¬ 
lel now in extenfive ufe for conveying goods from place to 
place by inland navigations ; the advantages and utility of 
which begin to be univerfally felt. The ufual method 
of navigating thefe vell'els is by means of horfes and tackle- 
affixed to the barge, by which they are drawn along ; but 
an invention has been offered by Mr. Thomas Potts, of 
Penrice, Glauiorganfliire, for which a patent was granted 
on the 20th of July, 1796, to navigate thele barges by 
means of a large vertical oar, attached to tiie dern by nuts 
and fcrews, and having a long pole let in by a mortice. 
