In the Tribunal of ug the case of Ceccaldi rersns the S ise des Charbonnages clu Tonki 'd. The plaintiff, the Company's late per, claimed $250 salary due to him for the month of July and $500 damages for being detained at Hongay against his will through the negligence of the Company in not providing a successor to whom he could hand over the accounts. The Company, on the other hand, charged the plaintiff with having left his books in arrear and in disorder, that he had violated his promise to await the arrival of his successor, that he had put about false rumours regarding the Company, writing that the till was empty, he knowing the statement to be false, and that he had taken part in a plot to ruin the Company. _J'he Company therefore claimed damages to the extent of $5,000. In reply to this M. Cecealdi claimed $10,000 for the damaging assertions made concerning him, The trial took place on the 13th September, and on the 20th idem judyment was delivered The case is reported in the Avenir clu Tonkin of the 4th inst.
The alleged plot was discovered by certain correspondence falling by chance into the hands of M. Bavier Chauffour.
The judgment was as follows Whereas on April 26th, 1893, M. Ceccaldi tendered his resignation as accountant to M. Bavier Chauffour, Manager and Director-General of the Societe Frangaise des Ct Bonagrs clu Temkin: a thy and empl ea by the month be had the right: to retire jereas being engaged locally and employ-
from his engagement on the sole condition of giving the usual notice, which is one month, but complying with M. Bavier Chauffour's request he promised to remain at his post until the arrival of his successor Whereas this promise was an act of pure complaisance on the part of BIN. Ceccaldi and its fulfilment to the letter could not be equity Tt is evident that his intention was to give to the Company reasonably sufficient time to find a successor and bring bim out.
Now, whereas he continued to discharge his duties until July 13th, that is to say, more than two mouths and a half after his resignation atthe Company was entitled to expect' this delay, rut could not reasonably require a longer delay 5 That thus the Com riy was not justified in refusing to pay M. veccaldi his emoluments to July 13°h That it is alleged with truth that the accountant left his books and accounts in great disorder, but this does not justify the Company, and the certificate of discharge from the Service is silent on this point.
Whereas on his side Ceccaldi voluntarily 1st the wish of the Conipany he is not entitled to his salary for the whole of the month of July.
That, moreover, if he was retained against his will until July 13th it was in execution of his promise, and he is not justified in claiming damages on this account.
Whereas on the other hand M. Cecealai is alleged to have participated in a plot havin, for its object the ruin of the Con: pany which he was an employe Treasury was empty 5 That he spread a false ramour that the
That this resulted in considerable prejudice to the Company; And wheres the first of these imputations is grave, and it is right to examine it with the more care, inasmuch as it is of a nature to affect the honour of several absent persons Whereas the alleged plot dates from the month of January, 1808, and had for its nicipal authors MIN. de Bovis, Manager of gkovg Bank, and Durand at. that time Manager of the Societe des Charboonages clu Vonkin That the proof of this plot rests on letters addressed to. M. Durand at the time above stated by MIN, Waliszewski (engineer of the Company) and Ceccaldi Whereas in the first place it would be ax. tonishing that M. Durand should have sent to the Company which he was trying to rain the correspondence containing the proof of his own culpability 'That it is not possible to sui pose, as has been contended, that he wished to' involve his accomplices' in his downfall seeing that hie had no interest in doing so, and that these alleged accomplices were his fronds:
That, moreover, M. Durand, who is known in Tongking, is above such a suspicion And whereas an examination of the correspondence yields no proof of such a plot 5 That a plot is a secretly concerted. resolution for an improper object, and that the facts of the case do not bear this character That it requires @ consummate art, with the aid of detached phrases, the meaning of which is perverted, to give it this chareter That from the said correspondence it ap: pears that in the month of January the Com: pany was passing through a crisis and that a financial combination was being sought. to save its That two principal combinations were proposed, the one by M. de Bovis, which had nothing mysterious about it, and by means of which it is impossible to see how the alleged conspirators if, they had for their object the ruin of the shareholders could have succeeded in their enterprise, being obliged to obtain the consent of the said shareholders; That the de Bovis project was to dissolve the Society and to reconstruct it with a capital of Fes. 5,000,009, writing the value of the property down; That this would truly have been an immediate disaster for the shareholders; but that the Chater combination might, by an augmentation of capital in disproportion to the possible production, have brought more ruin:
That in any case the shareholders would have been free to reject the de Bovis proposition 5
That M.M. Waliszewski and Cecealdi, bein; informed of these proposals by M. Durand, who was on friendly terms with them and who recognised their devotion to the interests of tire Company, they gave their opinion with entire good fait!
Text read from the printed page and cleaned; old type leaves the occasional error.