BARFURUSH  , a

town of Persia, in the province of Mazandaran in 36° 32' N., and 52° 42' E., and on the left bank of the river Bawul [Babul], which is here crossed by a bridge of eight arches, about 15 M. distant from the southern shore of the Caspian Sea, where the small town of Meshed i Sar serves as a port . It is the commercial capital of Mazandaran, and 26 m. distant from Sari and 90 M. from Teheran . Pop. about 50,000 . Built in a low and swampy country and approached by deep and almost impassable roads, Barfurush would not seem at all favourably situated for the seat of an extensive inland trade; it is, however, peopled entirely by merchants and tradesmen, and is wholly indebted for its present size and importance to its commercial prosperity . The principal articles of its trade are rice and cotton, some sugar cane (nai shakar), flax (Katun) and hemp (Kanab) are also grown . The town is of peculiar structure and aspect, being placed in the midst of a forest of tall trees, by which the buildings are so separated from one another, and so concealed, that, except in the bazars, it has no appearance of a populous town . The streets are broad and neat, though generally unpaved, and kept in good order . No ruins are to be seen as in other Persian towns; the houses are comfortable, in good repair, roofed with tiles and enclosed by substantial walls . There are no public buildings of any importance, and the only places of interest are the bazari, which extend fully a mile in length, and consist of substantially built ranges of shops covered with roofs of wood and tiles, and well stored with commodities . There are about ten commodious caravanserais and a number of colleges (medresseh), the place being as much celebrated for learning as for commerce . On an island in a small lake east of the town is a garden, called Bagh i Shah (garden of the Shah), with ruined palaces and baths . At Meshed i Sar, the port, or roadstead of Barfurush, the steamers of the Caucasus and Mercury Company call weekly, and a brisk shipping trade is carried on between it and other Caspian ports .

Barfurush was formerly called Mamatir . The present name is from a

settlement called Barfurush-deh, which was added to the old city A.D . 1012 . (A . H.-S.) BARGAIN' AND SALE, in English law, a contract whereby property, real or personal, is transferred from one person—called the bargainor—to another—called the bargainee—for a 1 From O . Fr. bargaigne, a word of doubtful origin, appearing in many Romance languages, cf . Ital. bargagno; it is connected with Late Lat. barcaniare, to traffic, possibly derived from barca, a barge . valuable consideration; but the term is more particularly used to describe a mode of conveyance of lands . The disabilities under which a feudal owner very frequently lay gave rise to the practice of conveying land by other methods than that of feoffment with livery of seisin, that is, a handing over of the feudal possession . That of " bargain and sale " was one . Where a man bargained and sold his land to another for pecuniary consideration, which might be merely nominal, and need not necessarily be actually paid, equity held the bargainor to be seised of the land to the use of the bargainee . The Statute of Uses (1535), by converting the bargainee's interest into a legal estate, had an effect contrary to the intention of its framers .

It made bargain and sale an easy means of

secret or private conveyance, a policy to which the law was opposed . To remedy this defect, a statute (called the Statute of Enrolments) was passed in the same year, which provided that every conveyance by bargain and sale of freehold lands should be enrolled in a court of record or with the custos rotulorum of the county within six months of its date . The Statute of Enrolments applied only to estates of inheritance or for Iife, so that a bargain and sale of an estate for years might be made without enrolment . This in turn was the foundation of another mode of conveyance, namely, lease and release, which took the place of the deed of bargain and sale, so far as regards freehold . Bargain and sale of copyhold estates, which operates at common law, is still a mode of conveyance in England in the case of a sale by executors, where a testator has directed a sale of his estate to be made, instead of devising it to trustees upon trust to sell . See also CONVEYANCING .