10 A HISTOEY OF THE COLONY OF VICTOEIA 



formal proclamation was issued by Mr. Latrobe, declaring that all 

 gold, whether found on private or Crown lands, belonged to Her 

 Majesty, and any one disturbing the soil in search for such gold, 

 without having been so authorised by the Government, would be 

 prosecuted, criminally and civilly. Three days later regulations for 

 the issue of licences to dig were published, identical in all respects 

 with those gazetted in New South Wales in the preceding May. 

 The fee was fixed at 30s. per month, subject to future adjustment ; 

 the area of ground to be regulated by Commissioners who might 

 be appointed to each locality to make local rules and adjust the 

 boundaries of claims. No licence was to be issued for mining on 

 private property, except to the owner of the freehold, or his nominee. 

 When the first Legislative Council met in November, these prelim- 

 inary arrangements were embodied in a measure submitted to it, 

 and became law on the 6th of January, 1852, as " An Act to restrain 

 by summary proceedings unauthorised mining on waste lands of 

 the Crown ". 



It was under the provisions of this Act, and an erroneous idea 

 of the powers it gave, that the antagonism between the miners and 

 the goldfield authorities became so acute. It remained in force 

 until September, 1853, when in panic fear of impending rebellion 

 the Council hurriedly passed a temporary amending Act, largely re- 

 ducing the licence fee. A brief examination of the original measure 

 will indicate how far its provisions were responsible for the troubles 

 which brought the colony to the verge of anarchy, and aroused a 

 widespread feeling of resentment and bitterness. 



As compared with later mining legislation it has the merit of 

 brevity, containing only ten clauses. It enacts that any one mining 

 or digging upon the " Waste lands of the Crown," without having 

 previously obtained from the Lieutenant-Governor, or from "some 

 person by him in that behalf authorised, a licence or authority in 

 writing," shall forfeit a sum not exceeding 5, 15 or 30 for the 

 first, second and third offences respectively, with imprisonment in 

 default for one, two or six months. The fifth clause provided for 

 the arrest of an offender against the Act by any "Commissioner, 

 Inspector, Constable, or other person specially appointed," whose 

 duty it was to bring him before two or more Justices of the 



