BEAUPLEADER (L. Fr. fair pleading). A writ of prohibition directed to the sheriff'or another, directing him not to take a fine for beaupleader.
There was anciently a fine imposed called a fine for heaupieader, which is explained by Coke to have been originally Imposed for bad pleading. Coke, 2d Inst. 123. It was set at the will of the judge of the court, and reduced to certainty by con sent, and annually paid. Com. Dig. Prerogative (D, 62). The statute of Marlebridge (52 Hen. III.) c. 11, enacts, that neither in the circuit of justices, nor In counties, hundreds, or courts-baron, any fines shall be taken for fair pleading; namely, for not plead ing fairly or aptly to the purpose, Upon this statute this writ was ordained, directed to the sheriff, bail iff, or him who shall demand the fine; and it is a prohibition or command not to do It; New Nat.
Brev. 596; Fitzh. N. B. 270 a; Hall, Hiet. Comm. Law, c. 7. Mr. Reeve explains it as a fine paid for the privilege of a fair hearing; 2 Reeve, Eng. Law 70. This latter view would perhaps derive some confirmation from the connection in point of time of this statute with Magna Carta, and the resem blance which the custom bore to the other customs against which the clause in the charter of nulli yen demus, etc., was directed. See Com. Dig. Prerog ative (D, 51, 62); Cowell ; Co. 2d Inst. 122; Crabb, Eng. Law 150.
BED. The channel of a stream ; the part between the banks worn by the regular flow of the water. See Howard v. Ingersoll, 13 How. (U. S.) 426, 14 L. Ed. 189.
The phrase divorce from bed and board, contains a legal use of the word synonymous with its popular use.