BAR'GAIN ( OF. bargaigner, to chaffer, I.L. barcaniare, to traffic. change about, from barea, bark, boat for traffic) AND SALE. A mode of conveying lands at common law, owing its efficacy to the Statute of Uses (q.v.). Tech nieally the transaction was a bargain, or agree ment, on the part of the vendor (hence called the bargainor), which amounted to a declaration of trust in favor of the purchaser (known as the Ipirg(iince), and which, hieing a 'dry' or passive trust, was thereupon executed by the force of the statute, transferring the title of the property from the former to the latter. It was essential to the efficacy of a bargain and sale that it should be based upon a valuable consideration, in order that it should operate to create a trust or to transfer the legal title to the lands affected thereby. The correlative transaction, where such a bargain or declaration of trust was made, with wit a material consideration, to a blood relation of the vendor, was known as a core ant to stood seised to the use of the latter. This was said to he based on the consideration of blood and affection, and was described as a 'good,' as dis tinguished from a 'valuable' consideration. It is to the prevalence of these forms of conveyance— which were by no means the only methods by which lands could be conveyed—that we owe the general but erroneous belief that a conveyance of lands not made to a relative of the grantor always requires a valuable consideration. The
ancient conveyance by feoffment (q.v.) and the modern conveyance by grant (q.v.) have always been effective without an actual or pretended consideration. In order to avoid the registra tion of a deed of bargain and she required by the Statute of Enrollments (27 Hen. VI I I., c. 16, 1535), the modern deed of Lease and Release was invented, which was in effeet a bargain and sale of the lands to be conveyed, for a year, followed by a release (q.v.), or quitclaim (q.v.), by the vendor of his reversionary estate as landlord. In this form the conveyance by bargain and sale was the usual mode of transferring the title to lands in England for three hundred years, and in the United States until the enactment of statutes, during the last century, substituting the more direct and convenient deeds of grant (q.v.), now generally in use. Deeds of bargain and sale and Hof lease and release, though infrequent and no longer necessary, may still be used. Consult: Blackstone, Commentaries on the Laws of Eng land; Williams, Principles of the Law of Real Property, 17th International ed. (London, 1392; Boston, 18941.