BARGAIN AND SALE, in the law of England, is a mode of conveyance whereby property, real and personal. may be assigned or transferred for valuable consideration. It finds a chief place, however, in law-books in connection with the conveyance of real estate. In regard to personal estate, assignment (q.v.) appears to be the more appro priate, as it is the more usual term. B. and S., then, maybe described as a conveyance, in the way of a real contract, by means of which in lands and tenements, whether that property be in possession, remainder, or reversion, is conveyed front one person to anothet. rn its terms, it consists of a B. and S. by the seller to the intended vendee for money; and by the statute of frauds, 29 Chas. II., c. 3, it must be in trritihri; and by the statute of enrollments, the 27 Hen. VIII. c. 16, it cannot pass a freehold, unless it be by indenture enrolled within six months after its date, or with a custav rotuloruns of the county. But bereditaments lying within any city or town corporate, the officers of which have authority to make enrollment of deeds, are excepted from this statute.
A B. and S. for a term of years, however, will be effectual without enrollment. But see LEASE and RELEASE.
No particular form of words is essential to the validity of a B. and S.; "bargain and sell" are the words of transfer ordinarily used. I3ut other words will have the saute effect, and the distinctive character of the conveyance is determined by the considera tion on which it is founded. This consideration, however, is held to be a mere matter of form, and sufficiently complied with if the conveyance purport to be so founded. To this end, any trivial summay be inserted in the conveyance, though the considera tion which really passes between the parties be of larger amount; or even though it be, in fact, not of a pecuniary nature. It is also immaterial whether the sum so inserted be actually paid or not.—Stephen's Commentanes, vol. L, pp. 535-537. See CUSTOS Ron: