(115) BARN, (grant or demise of). 4 Rawle (Pa.) 339, 342; 6 Wheel. Am. C. L. 408. Ohio St. 420. 3. At common law. -In England, the words "bargain and sell" are the words commonly used in the execution of common law authorities. Thus, executors having a naked power under a will to sell real estate convey by the words "bargain and sell;" such words have 565. no effect in themselves, but merely designate the persons to whom the executors sell, and who are to take by virtue of that designation under the will. (1 Davids. Conv. 73.) The commonest instance of this is where a testator wishes to empower his executors to sell his copyholds, and, at the same time, wishes to prevent the expense of an admittance, which would be necessary if he devised the land to them; he therefore merely gives them a power of sale, which they execute by a deed called a "bargain and sale." 4. In the American law of real property, "bargain and sale" is the name of a kind of conveyance in frequent use, "bargain and sell" being usually the operative words, but any other words that are sufficient to raise a use upon a valuable consideration are equally effectual; thus, "alien," "grant," "demise and grant," "make over and grant," "release and assign," are sufficient to pass the land. 3 Johns. (N. Y.) 484; 8 Barb. (N. Y.) 463. BARGAIN AND SALE, (defined). 9 Serg. & R. (Pa.) 177. (deed of, under statute of uses). 2 Green (N. J.) 49; 3 Halst. (N. J,) 90; 16 Johns. (N. Y.) 515; 2 Hill (N. Y.) 659; 9 Wend. (N. Y.) 611, 616, 617; 4 Wheel. Am. C. L. 220; 5 Barn. & C. 101; Godb. 7. BARGAIN AND SELL, (in an agreement to sell land). 4 T. B. Monr. (Ky.) 463. (in a deed). 2 Cai. (N.Y.) 188; 4 Cow. (N.Y.) 325; 1 Murph. (N. C.) 343, 348; 15 East 538; 5 T. R. 124. BARGAINED AND SOLD, (defined). 71 III. 214. (goods, action for). 5 Barn. & C. 857. BARGAINEE.-(1) The party to a bargain to whom the subject-matter of the bargain, or thing bargained for is to go; (2) the grantee in a deed of bargain and sale (q. v.) (in an indictment for burglary). 26 (in statute against arson). 28 Iowa BARO.-An old law term signifying, originally, a "man," whether slave or free. Later on it got to mean a "freeman," a "strong man," a "good soldier," a "baron" (q. v.) In addition to these meanings, Spelman says it also meant a "vassal," or "feudal tenant or client," and that "husband" was the most common meaning of the word. BARON.-LATIN: baro, & man; a freeman. 1. Nobility. - The most general title of nobility in England. The baron is next in rank to the viscount. 1 Bl. Com. 398, 399. 2. Exchequer. - The judges of the Court of Exchequer (q. v.) were called "barons," and the chief judge of the court was called the "Lord Chief Baron of the Exchequer." By the Judicature Acts, 1873-5, they were transferred to the High Court of Justice, of which they form the Exchequer Division. The Lord Chief Baron is also ex-officio a member of the Court of Appeal. His successors will bear the same title until the office is abolished by Order in Council. (Jud. Act, 1873, 20 5, 6, 31, 32.) The successors of the junior barons are styled "justices of the High Court." Jud. Act, 1877, § 4. 3. Husband. --Baron is the old word for husband; "baron and feme," in the old books, means husband and wife. 4. Freeman. -" And in ancient charters and records, the barons of London and barons of the Cinque Ports, do signify the freemen of London and of the Cinque Ports." Co. Litt. 372a. See COURT BARON. BARON AND FEME, or FEMME. BARGAINOR.-The party to a bar- -Literally, a man and woman, but by gain who is to deliver the thing bargained usage a husband and wife. (1 Bl. Com. for and receive the consideration or price. 442; Spel. Gloss. v. Baro.) The phrase is not BARILLA, (in an indictment). 1 Pick. (Mass), yet quite obsolete, and is very frequently 375. BARLEY, (in an indictment for setting fire to, under statute applying to " corn or grain"). 4 Car. & P. 548.