The Express.
London, England, 1852-11-09 00:00:00

DAILY WEATHER TABLE.

TV/MIDAT. Norma 9, 1962.
The stabs of the Weather at each of the following plats
at Mae o'clock yesterday *morals,. The stetsons are
arranged is order of latitude.
Humane—W.; Gentle Breeze ; Foggy—Rain.
SOUTHAMPTON—W.; Strong Breese; Overcast.
FOLSZATONI—S.W. ; Fresh Bronze ; Fine MAIN.
; Straw Breeze ; Overcast.
Gaaaawtcm-B.W. ; Hard Wind; Overcast.
' Suwon—S.. Gentle Bruns; Overcast.
SWINDON—S.W.,- Strong Breese • Overcast.
COLCHTSTIII—S.W. ; 8e....; °TAMA.
CAMNIUDOI-8„; SUOMI BMWS ; Cloudy.
YARMOUTH—S.W.; Stang bons • Partially Cloudy.
The returns fres the Mowing pleeess did not reach this
Ake is time for publicises. yesterday; they therefore
Sodom. tko state of the weather on ti.terdsy nosing
Use o'clock.
Pools—S.W.; Strong Breeze; PartiaUy Cloudy.
&moots—S.W. ; Gentle Breeze ; Partially Cloudy.
Latorrox-8.2- Gentle Breeze; Partially CIODdr.
HOLTHRAD—W.S.W.; Strong Breeze; Partially Cloudy.
Lame aaaaa —S. ; Strong Breeze; Partially Cloudy.
WHITIIT—S.W._; Gentle Breese; Principally Clear.
DAILINGTON-5. by W.; Gentle Breeze; Partially
Cloudy—Frost.

THIS DAT, Woos.
Come of WWI. Writer of Wlad. Iltre of Ur Weeru.
W. Gentle Breese. Overcast

THE MELBOURNE AND HER °FEWER9.—A cor-
respondent states that the Australian Mail Packet Company
committed a greet error in entrusting the tare of all their
ships to commanders of sailing vessels, instead of giving
the command to captains used to steamers. The merest
tyro in steam navigation would have stopped the Mel-
bourne as soon as the masts and rigging went overboard,
until the vessel was clear of them, instead of which the
Melbourne continued steaming away until the screw sucked
in the ropes and rigging and wee stopped, and theft every
one on bowl was surprised at the stoppage end at the en-
tanglement of the strew. On board even paddle-box
steamers, experienced °Meows always stop their ships im-
mediately anything likely to deg the peddle wheels
gem overboard, until it ia meartained that the
wheels are clear; how minah Mao imipartant, therefore,
is it that screw steamers sheull IM Nipped under similar
eirearostances, on account litho miss Wag so peat at
the storm ? It appears that gam at Akers of Ills Mat-
heson won put ands anon bean all fairly psi to sea.
u erred and bad shinesd, what In spend
bnill:Znelors ? Tin truth b. OM the to these
Zrnerl to the ship of rem ora rand be a,
etjebbery and asennitlent within On public have '
to pay pewee penalties In the to. elite and gesperty. 1
MURDER AT HINIOR BLEWEII'. Dating the last
few trials Inhuman waver bai been Droop* to light in
the hbourhood of Masa Blewett, iimanetehiro. It
seems ton Monday, es a of harriers woe hawing a
geld for a hare, some of the " opened " at the month
of a well. Thinking it poni that a bars WO* bent
fallen down there, sone of ter party dasoandsi I=aillaci
Mead of a hare, they dboovend tin dead and
body of a child. It was turned over to the est h nines,
end the constable met inquiries on foot, and USDA out the
murderers. A wanes named Sophia Payee lot been
residing for soma time at Hinton Blewett with her three
brothers, and Ind a ddld a few weeks ago. The child,
however, EPOS disopperred, 111114 /11111111daitely afterwards
the mother kik re fine. Thom Pereoli, the constable,
I succeeded in loosing the wanes le Dobai. where, on
' Monday len, he ached is naralt of bw. Ille }reseeded to
the central Indiso esti stand Ida Inhoiro, with a request
that the dip pins wadi voila bin uoistesse. He then
left, and task a walk and doing his tont& net the object
of lie sureb, who woe laden at lin. Davis's, in Frog-
meanaisort. He at ease Ink law into custody, and con-
veyed her to the swish end lbws dunce to Hinton Blewett.
Whs. she pained tbstogb Mew Magna, on her way to
Mates Blewett, the sled wee Own Sums that period one
of the brothers Am adoitiol that he lad a band fs doer
ing the child into the WA NA on making this adWes
he too was takes inn candy. The child wee about a
month old ; but there is a dillaalty in ascertaining whether
it was dead or alive when direern into the well by its inhu-
man relatives. Hinton Bitterest is a small Tillage, four miles
and a ball from Pensford, and contains only 400 inhabitants.
—Bristol Awns:.

LIABILITY O► AMERICAN TELEGRAPHS ►OR
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SAW Intelligence.

EQUITY COURTS.—YEtrzaDAy.
9arema TU. Loan CamICWOa.
HAWK= P. BASTIAN COVNTIMI RAILWAY COMPANY.
In this ease, the faets of which were Mated in the Bs-
press of yesterday, the arguments of calumet were eon.
tinned and concluded.
Ilis Lordship then rove, and stated that Judgment would
be delivered on Monday nest.

Loom Twis-Ccuratuaa Mu
TuoitsoN V. Dacrun.

This was a bill filed by siateea of the " Deputy day
oyster meters " of the port of London against the remaining
two members of the body, for the purpose of enforcing the
customary mode of meting, which they alleged to be that
each meter should bring his profits to a common fund to be
equally distributed among the whole body ; the defend-
ants alleging that no such custom existed, and that each
hail a right to retain his own earnings.
Sir William Wood, Mr. Willeock, and Mr. Harrison
appeared for tho plaintiffs. Their case was, that
from time immemorial the practice had existed fin
the City of London to appoint "oyster meters" by
virtue of the charter under which it had the right of mea-
suring everything brought in boats or barges for sale
within the port of London. The office was as old as the
fourth year of Edward IV., and the oath to be taken by
the meters was found among the documents of the City of
that date. The odic" was exercised by four persons culled
the " yeomen of the water aide," who were officers in the
household of the Lord Mayor, and they had the tight to
appoint 21 deputy meters, of whom 3 were night meters,
and 18 day meters. The deputy day meters, when ap-
pointed. had the right of selling their office, but if any
one of them died withoat doing so, the appointment lapsed
to the yeomen of the water side, who then sold the ap-
pointment, and the present holders had purchased the
office at prices varying from 2,0001. to 1,6001. In the year
1823 the corporation bought up the office of yeoman of the
water side. In 1831 one vacancy among the deputy day
meters oceurred,and in 1848 another. The corporation did not
fill up either vacancy till 1860, but itself received the share
of the rrofita to which the two meters would have been en-
titled. lu October, WO, the corporation filled up the two
vacancies, putting in the two defendants with • view of
breaking through the system which had grownup. Thema
tom Insisted on was that the deputy meters as a body had the
exclusive right of "shovelling, measuring, and unloading"
the oysters, receiving as a reasonable compensation for so
doing Bs. per soon for the first hundred bushels and 40. per
score for the rest of the cargo (the customary bushel being
twice the size of the IVinchester bushel). 'Their course of
proceeding wee, that one of their body took upon himself
in rotation the office of " weekonan," and it was his duty
to attend and allot the boats as they arrived at the
pier, one to each deputy meter; the weekaman then
received the metage dues of each boat, and at,
the end of the week paid it over to the de-
puty meter to whom that boat had been allotted.
They then held meetings three times a year, at which all
the deputy masters were required to attend, and bring an
account of what they had received since the previous meet.
ing. The whole sum received was then added together,
and divided into eighteen aliquot parts, and those who had
received more than their share paid to those who had re-
ceived less. If any deputy-meter refused to serve his Mike
of weekaman, he had to pay a fine; and during the time
that the corporation had held the vacant offices, it had re-
gularly paid those fines. The deputy-meters did not, how-
ever, do the work of shovelling and measuring in person,
but appointed a clam of persons called " hotelmen," who
belonged to the " Fellowship porters" of the city, to do the
work. These koldsmen were not paid by the deputy-meters,
but received from the purchasers of the oysters a penny a
peck for their labour. When the Corporation appointed
the defendants, who were in fact " holdsmen," it required
them to enter into an engagement to act in person,
and to resist the payment of the penny per peek,
and not to take any fees from the purchasers of the
oysters. They were to receive the " metope and ecerage,"
and also the City dues of one shilling on each boat, and to
account to the clerk of the market, and to render a copy of
this account to the " weekaman." They were then to re-
ceive monthly their share of the metage, out of which they
were to pay their own assistants for unloading, end they
were to hold their office during pleasure. For the purpose
of carrying out this plan the two defendants posted notices
at Billingsgate, stating that purchasers were not hound to
pay the penny per peek, and they had of mune obtained
by far the greater part of the business; and the profits of the
other deputy meters were greatly reduced. The plaintiffs
contended that the Corporation had no power to bind those
whom they appointed to the office of deputy meter with any
conditions, and that when a deputy meter was appointed be
immediately became subject to the by-laws of the body.
The case had been litigated before in other shapes. lo
1783 the oyster merchants resisted the payment of the rootage
and a bill was filed by the meters. In that use an issue
wee directed, and the jury found that the sums of 3e. and 4s.
formed • reasonable compensation fur the shovelling,
meting and unloading. In 1838 another attempt was
made to dispute the payment, ; an issue was directed, and
• trill at law took place (see Laybourne v. Crisp, 4 M. and
W., 320), and it was decided that the "deputy day tram"
ware an immemorial body, and that their claim to the right
of exclusion of =stage was good. Bye-laws made in 1812
and 1822 were put in evidence for the purpose of proving
their acmi.eorporat• capacity.

ThaTioa-Chanoellor.—Supposing them to be an immemorial
body, and as such to have the exclusive right of metage,
and to have been in the habit of making byelaw., may it
not be that the party who has the right of appointment
may have the right of interfering, and making the appoint
ments subject lo condition., and can the court decide that
question in the absence of the party claiming the right to
appoint ? Is it not necessary to have the Corporation made
a party ?
Sir William Wood thought it was not necessary,
but no practical difficulty could arise, as the Corporation was
ready to become a party, and to have the case decided at once.
The Vice-Chancellor.—But when the Corporation come
here, they may say this is • question of right to appoint
to an office, and this court is not a competent tribunal to
try the are.
Mr. Itolt and Mr. Randall, who appeared for the de-
fendants, said that the object of the Corporation was to
compel those who took the metsge to do the work, and to
get rid of the payment of the penny per peck by the put..
chaser. That the Corporation claimed the right to appoint,
eubjest to conditions; and if they came to the court, they
would argue that that question was raised by the defend-
ant's answer. Ile had no reason to suppose that they would
not willingly submit to the jurisdiction of the court; but
he could not take upon himself to say they would without
consulting them.
It was then arranged that the case should stand till
Wednesday, upon the understanding that if the Corpora-
tion were made parties, it should be open to them to raise
the question of their right to appoint with conditioas; and
that they should submit to the jurisdiction of the court,
leaving it to tits court to direct an issue or mot, as it thought
necessary.