Page 44

of the prosecution with a forfeiture to all
claim for Salvage. Mr Catchpole and Mr Davis
have informed me that Mr Saxelby
is in consequence of having convicted
Birdsell in one case - will write by this
post for instructions whether he may
not waive proceedings in the other
case - which can be proved as easily
as the first case - this appears to me
as well as to them not proper particularly
as the can prove that he sold the
second lot to the Monck Bridge Iron
Company and was paid for it, by them
at the rate of £5: 7: 6 per ton I should have
said that two lots were landed in the
Railway Creek both of which Birdsell
sold to the Monck Bridge Iron Company
at the rate above named - the Solicitor
of the customs through you has directed
proceedings in all three of the cases
- all of which can be proved - waiving
proceedings in the two remaining
cases will therefore be allowing
Birdsell to escape with a large sum
of money - for which he has sold
thse two lots to the Monck Bridge Iron
Company - Since the three lots of Iron
before mentioned my officers are on the
track of another lot of fifteen tons which
I have every reason to beleive will be
traced to a party concerned in the aforegoing
transaction - I therefore trust that you
will not allow proceedings to be waived
in either of the cases - By Part 2 of the 480th
Section of the M.S. Act 1854 all marine Stores
Dealers are required to keep Books, but Birdsell
neither keep Books, nor letters but destroys
the latter as he receives the - at least so he wood the same

of the prosecution with a forfeiture to all claim for Salvage. Mr Catchpole and Mr Davis have informed me that Mr Saxelby is in consequence of having convicted Birdsell in one case - will write by this post for instructions whether he may not waive proceedings in the other case - which can be proved as easily as the first case - this appears to me as well as to them not proper particularly as the can prove that he sold the second lot to the Monck Bridge Iron Company and was paid for it, by them at the rate of £5: 7: 6 per ton I should have said that two lots were landed in the Railway Creek both of which Birdsell sold to the Monck Bridge Iron Company at the rate above named - the Solicitor of the customs through you has directed proceedings in all three of the cases - all of which can be proved - waiving proceedings in the two remaining cases will therefore be allowing Birdsell to escape with a large sum of money - for which he has sold thse two lots to the Monck Bridge Iron Company - Since the three lots of Iron before mentioned my officers are on the track of another lot of fifteen tons which I have every reason to believe will be traced to a party concerned in the aforegoing transaction - I therefore trust that you will not allow proceedings to be waived in either of the cases - By Part 2 of the 480th Section of the M.S. Act 1854 all marine stores Dealers are required to keep Books, but Birdsell neither keep Books, nor letters but destroys the latter as he receives the - at least so he [?wood] the same