The Express.
London, England, 1857-01-28 00:00:00

DOC'S NAI'OiEOX.

MESSRS. FOX, HENDERSON, AND CO. A: ND THE

(From Galignani of yesterday.)

It may be remembered that at the beginning of
December last an action was brought before the Tribunal of
Commerce agantrtMcsars. Fox, Ilinderann, and Co., the

well-known English coMrsetors, by the present directors of
the company of the Docks Napoleon, to obtain from them
4,000,000 francs' worth of shares in the company, on the
ground that the said shares bad been obtained by fraud,
committed in conjunction with the late acting directors
and Fox, Henderson, and Co., on their part, brought •
counter-action against the company for 2,000,0005% damages
for

of an agreement. Yesterday the tri-
bunal gave the following judgment in the case 'With
regard to the principal demand, considering that Fox,
Henderson, and Co., in treating in February, 1864, with
Cumin, Legendry, and Duchi,ne de Were for the coneteuction
of the Docks Napoleon for 24,000,000 francs, payable Bee.
'sixths in specie and one-sixth in slums of the company,
secretly bound themselves to remit to those directors a sum
et 1,800,000 francs as commission ; that it was at the same
time understood between the parties that a subscription of
4,000,000 francs worth of shame in the Docks Company,
seleribly made by Fox, Hendeneaa, and Company, should
me siege them to pay any calls, mid was only made
to facilitate obtaining from the competent authorities the
sanction of the bye-laws of the company. Considering
that in July, 1854, a decree of unction not having
been obtained, the parties, under pretext of making
some modifications in their filet conditions, stipulated
that 32,000 paid-up shares of 125 francs each, which
were to have formed th price of a sixth of the works,
should be given to Fox, Henderson, and Co., subject to the
condition that those shares should belong to them, as com-
pensation, in case the company should diminish in any
manner whatsoever the importance of the projected construc-
tions; that, at the same time, Fox, Henderson, and Co., de-
livered to Cusin, Legendry, and Orai (the latter replacing
Duchne de Fero) 14,000 slams, or 1,800,000 fr., in payment
of the commission stipulated for the advantage of the grantees
of the docks. Considering that if, according to the terms of
the bye-laws of the sociite anortyme of the dock,, even before
they were sanctioned, Cumin, Legenetre, and Duehise de
Vero bad the right to cane into any contracts relative to the
constructions to be undertaken, ouch contracts ought to
have been made for the advantrite of the persons whom
they represented, and not fur their own personal
advantage; that Fox, Henderson, and Co. could not be
ignorant that the 1,800,000 fr., which were demanded from
them as commission, were destined to prolit solely the per.

eons with whom they contracted ; that they noveriheles (vs-
seated thereto, on account of the price which was accorded
to them for the works; and that Cuain, Legendm, and Du-
chene do Fere did not diecuss the prier reked for dime works
in consequence of the position in which they stood towards
the contractors; that it is consequently evident that, in the
conventions of the 14th Feb., 1854, the iuterests of the share-
holders were doubly sacrificed by the fraudulent underetand-
ing (entente fratedulerese) of all the parties. Considering that
if Fox, Henderson, and Co. pretend that the 32,000 Mares,
remitted to them in execution of the convention of July,
1854, were only the just remuneration of their expeneee
during the flee months which load tired, they do not prove
that they provided supplies of meteriels for the projected
conetructions, nor that they specially retained efeeployie and
workmen for the operation, which, be,i lee, wee only to be
commenced in the fortnight following the sanction of the
bye-laws; that it is proved that, during that period, all the
parties employed their efforts to obtain that result, and that
it was only when they doubted of interim that they ima-
gined the banding over of the 32,000 shares, with-
out compeneation, in order to be thereby able to divide
amongst themselvea 4,000,000 fr. to the detriment
of the shareholders, who, confiding in the enterprise,
hal invested their capital in it ; that it le three evident that the
couduct of Fox, Henderson, end Cu. hue been, in all this af-
fair, Se blamable as that of Cmin, Legendre, and Orsi, and
that it is right, for the sake of public order, to declare null
and of no effect the convention of the 14th of February,
11354, as elm that of the 24th of July following; that the
consequence which flows from thia is the restitution to the
present directors of the docks of the 32,000 shares unduly re-
ceived, or the payment of 4,000,000 fr. the value ascribed to
them; and with respect to the counter-action of Fox,
Ilmderson, and Co., considering that from what re-
cede., it cannot be admitted. For them motives
the tribunal declares null and void and of no effect,
as stained with fraud (e,doth,, de froude), the ease
eentione entered into on the 14th of February and the
24th July, 1854, between Fox, Henderson, and Co., and the
late directors of the docks; condemns the defendants to re.
store to Torehet, l'icard, and lAbot, in the quality of dime.
tors, the 32,000 dock shares they have unduly received ; and
in the event of their not doing to within a fortnight from
the eignificetion of the present judgment, and without any
other formality, condemns them poem:Illy, by all the MOUS
provided by law, end even under pain of imprisonment, to
pay the sum of 4,000,000 fr. instead of the said restitution;
declares the counter-action of Fox, Henderson, and Co. oa•
founded, dismisses it, and condemns them to all the cotta."

The marriage of the Count de Morny with the
young Princess Troubetzkoi sae eelelernted on the 13th at
St. Petersburg, according to the Greek and Catholic riten,
at the hotel of the Princess Kotilionbei, the bride glittering
with diamonds offered to lief by her huoband. After the
religious ceremony, the mute ',remotest without proceeding
to the hotel of the embessy. The neat morning the Countess
de Moray waited on the Empress to thank her Majesty for
timing, a few days before, sent her as a present her Mejesty's
portrait set with diamonds.
The greater part of the public debt of the dote of
California has been repudiated. This debt 'mounts to
600,000!., and a considerable portion of it is held in Europe.
For some time there had Ixeen a dieg.isition to question its
legality, and, the matter basing be•en bnitight before the
Supreme Court of the State, juiltrue at has been given that
the bonds are uncomtitutional and void. According to the
newispers and private lettere there is MIAMI to anticipete '
that a law will be passed to recognise the entire amount ; bat
this kelitue is not unanimous.
The Madrid, which left Southampton yesterday
with the Peninsular mail., took out materials for repairing
the Brazilian mail steamer Tamer widil put into Vigo
damaged. If the Tamer got repoired at Vigo, without an-
'admire from Englund, she probably etarted in her voyage •
day or two ago. If not, she will not lie able to get away
before the 2nd or 3rd of next mnth. The Tamar took out
the ship mail of the *owner e'en, which left Southampton on
the 23rd of last month and put bark strain.
ENCLIAII liiGII LIFF--The following is extracted
from a letter written by an officer of the Merrimac frigates
when she lay at Seuthanipten, in ()ember. We find it en
the Washi.agton (N.C.) Journal ;—" Meob attention has
been paid wi cohere, ten, requisite by two &mill
that of an old East India general, the other that of
Hardwieke. General Frazier has passed moot of hie life in
India, and now lives in ewe and ,-.l,.fint on the Southamp-
ton Water. At a dinner et his know we had an oppertn-
wity of 'teeing bow the ariotietney liere live. Lord Hard-
wleke and family and several other Curets were there to meet
ne, and everything wee in tipkyalid style. One turbaned
Indian, with several other ern-ants, waited at table. The
plate was superb and the dinner, the moot srehephe'. We
set down to table at half-put raven o'clock. There are
always epaulette end sword ocieuions. Lord Hardwicke's
*wily connote of his countess, his eldest pen (about eigh.
ben or twenty, and Lord Royston by courtesy), three of the
lust.looking daughter* you ever Kew, and several younger
sou. The daughters—Lady Elizabeth, Lady Mary, and
lady Agnita—are eurpaisingly beautiful ; ouch develop-
ment, such may cheeks, laughing ere, and unaffected man-
' men you rarely see combined. They take a great deal of
oat-door exercise, and came aboard the Merrimm in a heavy
min, with Irish thicker-sokd *hoes than you or I ever wore,
sad cheeks and dreams almost impervious to wet. They Mom
their father, yacht, walk the Len IMO,. how many miles,
and don't rare • rent about rain, bestehen doing a beet of other
things that would shock our Indies to death. and yet in the
parlour they are the moat elegant women in their Win 'hoes
and dioramas I ever raw. The countres, in her coronet of
jewels, is la elegant lady, and honks like a fit mother fee
Wee sock venom. /lie lordship hie. given ue theme or four
Menem. Ea lives here merely Veering the yachting sauce,
sal beam bare on Friday for his country met at Cam-
brian, wins he spends his winter, no do all English gene
Yemen at emus, in hunting, &e., awl when parliament a
in
swim he tires in Loudon in his town house. Here he
has a host of servants, and they wear the gaudiest livery—
white coats with big silver buttons, white cruets, lush
lease-breeches and emit, white silk stockings, and low
Lord Ilardwieke'e brother is Dean of Vert. a high church
dignitary, has two pretty daughters, and iii himself a jolly
gentleman. After dinner the ladies play and sing for eue,
sad the other night they got up • game of blind man's Mk,
ha which the ladies raid we hod the advantage,
Mumma as
their ' petticoats rustled, PO that they were easily caught!
They call thing. by their named here. In the routs of the
game Lord Hardwieke binieelf WA- blindfolded, end,
to catch some one, fell over bin deughtreo lap on the Boort
when two or three of the girls caught him by the lefts soft
his lordship, raring with laughter. R 8 we all were,
cm leis into the ruiddk of the floor. Yet they are per-
fectlyreeptertful, but appear en a perfol equality with each
other. In fact, the Engliob are a great preple. Two clubs
here hare offered us the We of their Noma
THE STAMP DUTY PAID BY THE DANK Or
Eadiane.—The sum of 60,000/. is paid by the Bank of
England cm a comp.:Mon for camp tlute. and 120,0004
contributed out of the profits of the circulatian dtpartntent.

LAW INTELLIGENCE.
THIS DAY.

COURT OP QUEEN'S BENCH.
owns BOOOO.—BOFOIO Lord Campbell, and Indices '
Coleridge, Wigh.tanao, and Crompton.)
onn CASS OF AIaiIDLOCON DINIXON.—DICISION.
thio moo • rale hod boos *Maid, mbar upon Dir
me Wow, do Dm of do *Ma Court, to ire ems
vrbi • whom *avid oot emonmaling bha
to ge..l to boar and doloroM Oaarm' al
limhboto Demists bon dm doelicm d Iho Archhishop
of Canwaery, and hie ammoms, Min M Bolle r tio oto-
Mao abilltub of the lido" of Both omi W. It *II
be nombdoll Mt the Mom of dorptvatisa woo wood
opto He Arehtimes, owl thol fir Jobs Dobai boi Mod
to bow lb appeal trout the orelitabor's judgmant tbo
pond that b bod so jarbdietion.
Kr. H. MI sad Dr. Pliiiiimaro arm* for Anthems
Doom, wad Dr. Daybed ood Mr. Fortamo ix the It*
J. Ditcber, at ohm Maws dm 'Flooding, mist the
Archaisms bed has Maas*
Dr. Daybed applied kw the poolroom* dam ere until
tomnow, on ale ground Mt Biz P. Lay, who ow with
hls W as a slight whim; s.d woo amble to
edema.
lad Caged! mid the mat mid sot allow tho cam to
roMponal.
Mr. H. WI mid to bad nosh* • tat* boa Br John
Doison, Ming that 100 Mu& it weal ho moo Norretfal
tho Jobrao of the Quamis Bomb, width vas a yqffige
mot, sot to WNW by woad.
Dr. Bqford woo thin Mod at am berth Whole do
Mo. and motoolod that moo tbr prom oreanotronimo
it Cl** Diostplins Act so appeal bid bus tho court
*kit mot at Bath to tha Court to Ameba.

I ;111; tortmeme hem& en the aim OM.
lad Cm*ll, otter istaiestieg that the Best mold dl5
mom with Se msomeede Mama ill the met et Ike Asele
demo, mid, Nth. am wee a doubtild mull would be their
&My to gnat a meadlemm, es that the °pixies et a porky
.Dort Eight le tam upon the ko, es to whether
ire wee ea awed hem the tort drat bed
added te the Aran. Court, lot they met of gawks that
k wee milk* free hum desk It amemi te his "des
dm, lecklai at the forthube peeekime et the eel which
applied le the 0.., that there wee so impel le Ps Jobs
Dams as the Deem al Amin, sad with the meat prelood
mmett hr the &diem el the Immo' lodge, be am* be
or mak la this pads.er Metres is ..,to OM he bed
aolvailliollea.
She Ober Judges Irvin emend ea °plebs to the
sere dlret.
Ile nth vas made absolute.