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Encl. in No. 4.

Enclosure in No. 4.

Colonial Secretary's Office, Melbourne,
April 5, 1853.

His Excellency the Lieutenant Governor, with the advice of the Executive Council, has been pleased to authorize the promulgation of the following regulations, subject to such alterations as his Excellency, by the advice of the Legislative Council, may hereafter prescribe for the occupation of the Gold Fields; and to direct that all regulations previously published respecting the issue of licenses shall be cancelled, with the exception of those provisions which are embodied in the regulations of this date.


1. No person will be permitted to dig or search for gold unless he shall have provided himself with a valid license or lease, which shall be issued to him according to the stipulations hereinafter annexed.

2. The ordinary license fee shall be at the rate of thirty shillings per month for each license, and shall be paid in advance.

3. Licenses shall be issued by the commissioners of the Gold Fields, and shall be produced on demand of any person duly authorized by the Government.

4. The size of the claim which each license shall guarantee to the licensee is twelve feet square (one hundred and forty-four square feet), and all disputes concerning claims shall be decided by the commissioner of the Gold Fields or his deputies.

5. No licensee will be allowed to reserve his claim, or leave it unoccupied during his absence, without showing satisfactory cause to the commissioner or his deputies.

6. Sluice washing will be permitted to licensees, at running streams; but the privilege shall determine when the stream may cease to flow, and no sluice washing will be allowed except by special sanction of the commissioner or his deputies, who will guard against conferring the privilege in places where the permanent supply of water may be injured by the operation of sluice washing.

7. Licenses will be withheld from such persons as may not be able to produce proof that they have been duly discharged from their last place of service.

8. No licenses or leases will be granted to enable the licensee to interfere with a permanent supply of water which may be necessary for the public use; and of this necessity the commissioner or his deputies shall judge.

9. No licensees or lessees shall be permitted to undermine in the immediate vicinity of a road or thoroughfare, and the commissioner or his deputies are empowered to decide as to the permissible proximity of a claim to a road.

10. Excepting such cases as are specially provided for otherwise by these regulations, a monthly license of thirty shillings, payable in advance, will be demanded at the Gold Fields from all persons connected with the search for gold.

11. Persons arriving at a Gold Field after the 24th of any month, may at once obtain from the commissioner a license for the ensuing month, and such license shall be looked upon as valid for the ensuing month, the name of which shall be written or printed in full upon the license, together with the actual date of issue.


12. Leases of Blocks of ground at the Gold Fields shall be of five years' duration on alluvial diggings; of twenty-one years' duration on claims taken for the sole purpose of extracting gold from quartz.

13. A royalty of five per cent will be charged upon all Gold extracted by lessees of tracts of land at the Gold Fields.

14. The maximum area of land to be leased to companies will be one hundred and sixty acres; the length of the block being in no case greater than half a mile, and the width being in no case more than half a mile. The area leased on a quartz claim will be half a mile in length of the vein, with one hundred yards on each side of it.

15. The area comprised within blocks leased will not necessarily be square or oblong; but the whole area shall be bounded by straight lines, in order to insure facility of measurement and easy adjudication of boundaries. A claim sembracing any gully or watercourse, may be composed of several parallelograms or rectangular blocks, of which the side lines on each bank may occasionally abut closely on the creek, and may in the succeeding parallelogram be further removed; but each parallelogram shall be contiguous to another, in order that from any given corner pin, the length of each side line being known, the whole claim may be re-measured, if re-measurement should be required.

16. Leases on alluvial diggings will only be granted on lands which have been worked, or partially worked, in the ordinary method by licensees.

17. Companies will be permitted to build or erect their works on land contiguous to their leased claims, on special application to the commissioner; but such additional land shall in no case be worked by companies with a view to obtain gold.

18. Leases will not be granted to companies where it may be the opinion of the commissioner that it would be prejudicial to the public interests to give to the companies the sole and unrestricted use of the water comprised within the area applied for.

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19. A company failing to commence work within six months of the date of issue of its lease, will forfeit its claim.

20. The actual working of leased lands will be insisted on. Thirty men, or the equivalent to the labour of thirty men, must be employed on each alluvial claim; and ten men, or the equivalent to their labour, must be employed on quartz claims. Failure to comply with this regulation will cause a claim to lapse after three months.

21. Companies obtaining leases shall enter into bonds to work the auriferous soil thoroughly, and to leave no valuable earth behind. Whether they prefer to work in longitudinal cuttings, or transversely, or in lines radiating from the centre of the claims, they will be compelled to test the claim fairly if they work it at all, and to clear away the auriferous deposit to the bottom or rock.

22. No existing claims shall be interfered with in granting leases to companies.

23. The servants of a company paying the stipulated royalty will not be liable to pay the monthly license fee. They will be provided with special tickets on parchment, bearing the joint stamp of the company and the government; and these tickets shall be taken from books, of which the butts shall form a counterpart to the tickets issued.

The names of all the servants of the company shall be communicated to the commissioner of the district, at such periods as he may direct.

If a servant of a company leave its service, his exemption ticket shall be returned to the company, to be by the company transferred to another servant, whose naine shall be endorsed on the ticket, or to be handed over to the Government.

24. An exemption ticket will in no case be a security for the bearer, except upon or in the vicinity of the works of the company by which the ticket shall be issued.

25. All tickets, when no longer required for use, shall be surrendered to the Govern ment, and a charge of thirty shillings will be made for each missing ticket.

26. Tickets need not be carried on the person upon the premises leased to the company. 27. Applications for leases of lands, whether for alluvial digging or quartz crushing, shall be made in writing to the chief commissioner for the Gold Fields, and shall be accompanied by a deposit of 100l. to be looked upon as royalty paid in advance, and a like sum will be deducted from the first ensuing gross payment due to the Government.

28. One day in each month shall be fixed upon for the opening of applications for leases; and two applications for the same spot, opened on the same day, shall be held to he contemporaneous. If only one application be received, the applicant shall be entitled to a lease on the conditions stated by the Government, in accordance with these regulations. If two or more contemporaneous applications shall be received, the applicants shall receive notice of the clashing of their claims, and shall be invited to send in tenders accompanied by a bonus, and the Government will then award the lease to the highest bidder.

29. If the application of one company trench on the ground applied for contemporaneously by another company, the commissioner shall immediately report the fact to both applicants, and shall give notice of the day on which he will examine the matter, and decide concerning the boundaries; after which, fresh applications will be received from each company previously applying.

30. No leases shall be transferable without pre-arrangement with the Government.

31. Applicants for leases shall be bound to prove the existence of the company represented, and shall find satisfactory sureties for the fulfilment of the various conditions of the lease.

32. Leases shall contain the usual covenants and conditions in favour of the crown.

33. It will be provided by express stipulation in each lease that lessees shall afford free access to all persons acting on the part of the Government, to inspect the books and works of a company; to be present at the extraction of gold; and, if necessary, to reside on the premises of the company.


34. To co-operative companies, not desirous to undertake the working of so large an area as one hundred and sixty acres, lots of five acres of ground, previously worked or partially worked in the ordinary manner, will be leased, on the payment, monthly, in advance, of twenty licenses of thirty-shillings each, together with the ordinary license fee for each labourer who may be employed over and above the number twenty.

35. Effectual working of such claims will be insisted upon as in the larger claims, and
applications must be sent in writing in the same manner as has been above described.
By His Excellency's command,




No. 5.

No. 6.

Encl. in No. 6.

No. 5.

COPY of a DESPATCH from Lieut.-Governor LATROBE to the

Melbourne, May 11, 1853. (Received August 19, 1853.)

WITH reference to my communication, No. 44, of the 3rd March, acknowledging Sir John Pakington's despatch of the 30th October last, on the subject of the fifty men who had been selected from the Metropolitan police for service in this colony, I have now the honour to report their arrival on the 2d May, on board the Ship "Earl Grey," under the command of Mr. Inspector Freeman; and I trust that the objects which Her Majesty's Government have had in view in sanctioning this measure will be fully attained. I need not say that I shall take measures to carry out to the full extent the stipulations which have been made on behalf of the Colonial Government.

(No. 77.)


His Grace the Duke of Newcastle,




I have, &c.

(Signed) C. J. LATROBE.

No. 6.

COPY of a DESPATCH from Lieut.-Governor LATROBE to the

(No. 81.)


Melbourne, May 16, 1853. (Received August 19, 1853.) (Answered No. 15, January 18, 1854, Page 198.) REFERRING to paragraph 15 of my Despatch No 43† of the 2nd March, 16 Vic., No. 28. wherein I reported the passing of an Act during the recent Session of the Legislative Council of this Colony, by which a largely increased grant for religious purposes had been placed at the disposal of Government, to be allocated to the several denominations with regard to their numbers, and in a fixed ratio to the 21st March 1853. amount of private subscriptions, I have now the honour to transmit the enclosed copy of the regulations, which, with the advice of my Executive Council, I have deemed it advisable to issue, for the purpose of carrying out the provisions of the Act in question..

His Grace the Duke of Newcastle,



I have, &c.

(Signed) C. J. LATROBE.

Enclosure in No. 6.

Colonial Secretary's Office, Melbourne,
March 21, 1853.


HIS Excellency the Lieutenant-Governor, with the advice of his Executive Council, has been pleased to direct that the regulations of the 16th December, 1851, relative to public worship, shall be cancelled in consequence of the Act of Council, 7 William 4, No. 3, being repealed, and that the following shall be in force from this date, to carry out the provisions of the Act of Council, 16 Victoria, No. 28, to promote the erection of buildings for public worship, and to provide for the maintenance of ministers of religion in the Colony of Victoria.

1. The head of each Christian denomination that can claim aid under these regulations is required to send in an application to the Colonial Secretary, for the purpose of being laid before his Excellency the Lieutenant-Governor and his Executive Council, on or before the first day of May in the present year, and in all subsequent years on or before the tenth day of January, setting forth its designation, the number belonging to the denomination at the last preceding .census, and the names of the clergymen who are qualified by these regulations to receive stipends, stating the parishes or districts to which they are attached, and the amount of stipend they can claim from the public fund.

2. No application for assistance for any purpose, from any religious denomination, not heretofore receiving it, will be acknowledged, unless it can be satisfactorily shewn that the head or minister of the denomination has been duly appointed in accordance with its

*Page 124 of Australian Gold Papers, presented to Parliament by Her Majesty's command 16th August 1853.

† Page 121 of Papers relative to Australian Gold Discoveries, presented to Parliament by Her Majesty's command, 16th August 1853.

recognized custom; that it has a church or chapel or other fixed place for the performance of public worship, and that a certificate accompany the application signed by at least three hundred adults, that they are bona fide members of the denomination.

3. The entire amount set apart from the public funds for religious purposes under the the present Act of Council will be divided into sums proportionate to the numbers which each of the religious denominations, that can receive aid, had at the last preceding census, and will be set apart for, and paid to them, upon the conditions hereafter named, onehalf of such sums being applicable to the payment of ministers' stipends, and the other half towards the erection of buildings for public worship and ministers' dwellings.

4. Any portion of the sums so set apart for the several religious denominations, which cannot be appropriated in accordance with these regulations in any one year, cannot be carried on as a balance to the next, but will merge into the general revenue of the Colony.

5. Applications for aid towards the erection of buildings for public worship, or for ministers' dwellings, must be made by the head of the denomination to the Colonial Secretary, and must be accompanied by satisfactory proof that the portion of land on which the buildings are to be erected, has been duly conveyed, to not less than three, nor more than five trustees, appointed by the contributors towards the erection of the building, and approved by the Lieutenant-Governor and Executive Council.

6. No application for aid towards the erection of a church or chapel can be entertained until 2001. at least shall have been raised by contribution, and actually paid over to the trustees; and in like manner 50l. at least must have been raised and paid over, in the case of an application being made to erect a minister's dwelling; and in support of each application the trustees will forward a list of the contributors, with the amount which each has paid over to the trustees, with a certificate attached to the list, and signed by the trustees, that they have actually received the sums therein shown for the erection of the building in question.

7. Upon the above particulars having been laid before the Lieutenant-Governor and Executive Council, authority will be given to appropriate from the general revenue of the Colony a sum equal to twice the amount paid over to the trustees by the contributors towards the erection of the building; provided such sum in no case exceeds 2,000l. for a church or chapel, or 400l. for a minister's dwelling.

8. Payment of the authorized amount will be made to the trustees from time to time, as the building progresses, upon the production of an account in the usual form, accompanied by the necessary vouchers of the sum actually expended on the building. This account will then be referred to an architect, who will be required to certify upon it, that he has examined the building, that the workmanship and materials are good and sufficient, and that he believes the sum specified in the account to have been actually laid out. A sum, equal to that so certified to, will then be directed to be paid to the trustees.

9. Payments will not be made in less sums than 50l., nor can they be granted for material not worked up.

10. Before a minister appointed to a church or chapel, which has been erected in the manner before stated, can receive a stipend from the general revenue, it will be necessary for the head of the denomination to send in an application in the annexed form (A) to the Colonial Secretary, containing the signatures and declaration from those adult inhabitants of the parish or district, who intend to attend divine service at that particular place of worship.

11. The number of signatures thus attached to the declaration, would claim for the minister appointed to officiate, a rate of stipend according to the following scale, viz. :

100 signatures 2001. a year,
150 signatures 300l. a year,
300 signatures 400l. a year,

which latter will be the highest rate of stipend granted from the general revenue.

12. It will, however, be necessary, before the full amount of any of these stipends can be sanctioned, that a declaration must be obtained from the head of the denomination, that a sum equal to one half of the stipend claimed will be obtained in the course of the current year by contributions from other sources; which declaration, in the case of a first application for the minister's stipend of any newly established church or chapel, is to be forwarded to the Colonial Secretary with the form A, and in all other cases it is to be sent with the annual returns (previously directed) in support of the claim then made for each minister's stipend. Should the full amount of contributions thus required not be certified for, double the sum stated in the certificate only will be allowed.

13. On or before the 31st of December in each year, the head of each denomination will send to the Colonial Secretary a list containing the names of the persons contributing, or the other sources from whence the sums have been contributed to make up the amount which had been previously certified to, to entitle the several clergymen to the stipends which they had received within that year, stating the sums received from each person or source, and to which the several ministers are to certify that they have actually received the whole of the sums therein named, as having been paid to them, for their own use and benefit. Should the amount received, in any case, fall short of the sum required to be raised by contribution, the deficiency will be deducted from the amount which would be set apart for that denomination for the next year.




14. In special cases, where it is found impossible to obtain 100 signatures to the form A, a representation may be made by the head of the denomination, stating the cause of such deficiency, and of the necessity for a stipend being allowed; and should the Lieutenant-Governor and Executive Council consider it expedient, a stipend will be authorized not exceeding 2001. a year, and upon such sanction being given, the application is to be made in precisely the same manner, and under the same conditions, as heretofore directed.

15. In districts or parishes where it is found necessary to employ a minister, but where no church or chapel has been erected in which he can officiate, the Lieutenant-Governor, with the advice of his Executive Council, will sanction a stipend being issued to him, upon a representation being made to him by the head of the denomination of the circumstances. No such stipend can, however, be paid until 50l. at least has been raised in any one year by private contributions towards the support of the minister, and a list containing the names of the contributors, with the amount given by each, and certified by the clergyman that he has actually received the amount for his own use, has been sent to the Colonial Secretary. Double the amount so paid to the minister by private contributions will be directed to be paid to him from the general revenue, but it is in no case to exceed 3001. a year. In the event of a stipend of this character being required to be renewed for subsequent years, it will be always necessary for the head of the denomination, in making the application, to represent that there is reasonable cause for delaying the erection of a permanent building for public worship.

16. An application for an increase of the stipend already allowed to a minister, by the number of adult parishioners who are desirous to attend his ministration, being augmented, is to be made in the same form and manner, and under the same conditions as already directed for an original stipend.

17. Pursuant to the seventh clause of the present Act, a statement shall be transmitted in the month of January of every year, to the clerk of the Executive Council, signed by the head of each denomination, certifying that each minister of their respective churches has, during the past year, or such part thereof as he shall have been employed, faithfully and diligently perforined the several duties allotted to him in the district for which he shall be appointed, which statement shall be deemed sufficient proof of such performance, unless a complaint be made in writing to the Lieutenant-Governor or Executive Council, which shall render further inquiry necessary, and no stipend will be issued for the current year until such certificate shall have been received, or such inquiry, if instituted, shall have been satisfactorily determined.

18. The sums set apart by the imperial Act 13 and 14 Vict. chap. 50, Schedule B. part 3, will be primarily appropriated to satisfy individual interests and claims which existed prior to the passing of the Act of Council now in operation; should such claims not absorb the whole of the schedule, the balance will be appropriated, as far as may be, under these regulations. Clergymen receiving stipends under this clause, who would be entitled to a higher rate under the previous provisions of these regulations, can claim such increased rate, upon the terms heretofore prescribed being complied with, provided such minister's stipend, from both sources, does not exceed the maximum amount.


Application for Minister's Stipend, pursuant to the Act of Council 16 Vic. No. 28. We, the undersigned adult inhabitants of the Parish of in the county or town of do hereby solemnly declare that it is our desire and intention to attend divine service in the place of worship situate within the said parish, and known as ; that we are members of the denomination to which this place of worship belongs, and we have not previously signed any other application of this kind for this or any other place of divine worship.




Distance from the Place of
Worship above named.

No. 7.

COPY of a DESPATCH from Lieut.-Governor LATROBE to the Duke of

(No. 101.)


(Answered No. 137, December 23, 1853, page 197.)

PREVIOUS despatches, addressed at various times since the gold discovery to your Grace's predecessors, will have placed Her Majesty's Government pretty fully in possession of the position of this colony, with regard to its police arrangements, up to the beginning of the present year. The first difficulties and

Melbourne, July 1, 1853. (Received October 25, 1853.

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