PROCEEDINGS OVER CONFISCATION OF BARQUE GAZELLE.
Auckland, Tins day. In Banco in the Supreme Court yesterday, before Mr Justice Gillies, in the case of Stone Bros. v. Major Atkinson, Commissioner of Customs, Mr Tyler, Avho appeared for defendant, moved that the action, Avhich arises out of the seizure and confiscation of the barque Gazelle, should be dismissed for Avant of prosecution. The application Avas made under rule 408, and there Avas put in an affidavit of service of notice of motion upon the plaintiffs' solicitor. There Avas no appearance, hoAVever, on the part of the plaintiffs, which his Honor considered rather extraordinary,
inasmuch as they had filed an affidavit that morning, thus affording ground for the assumption that they intended to oppose tbe application. Mr Tyler _ shoAved that the action Avas commenced in November, ISB2, Avhile two months had elapsed since the last step Avas taken * His Honor ordered that unless the plaintiffs should proceed further Avithin the next fourteen days the action should be dismissed, the costs of tbe present motion to be defendant's .ostsiii any event.
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Daily Telegraph (Napier), Issue 3753, 26 July 1883, Page 3
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178PROCEEDINGS OVER CONFISCATION OF BARQUE GAZELLE. Daily Telegraph (Napier), Issue 3753, 26 July 1883, Page 3
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