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The Pamphlet Collection of Sir Robert Stout: Volume 18

Settlement Under the 42nd Clause of the Amending Land Act, 1865. — No. I.—Jan. 14th, 1869

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Settlement Under the 42nd Clause of the Amending Land Act, 1865.

No. I.—Jan. 14th, 1869.

The manner in which the 42nd clause of the Amending Land Act has been administered by the department, and the very liberal interpretation which has been given to it, have caused it in a great measure to supercede every other mode of obtaining land provided by the act. By it, indeed, the old Convention idea of free selection before survey has, to a great extent, and within limited areas, been realised. Various rumours have been current as to the effects produced by the operation of the clause, the reliability of which it was difficult to determine. In order to set at rest the doubts thus caused, and to give a fair and candid description of the results following the administration of this portion of the act, I, in accordance with directions received from the Editor of The Argus, have visited some of the principal localities in which a large amount of laud has been taken up under the provisions of the clause referred to. I shall now proceed to give the results of the inspection I have made, and the conclusions at which I have arrived, after personal interviews with a considerable number of selectors of all classes, from the struggling miner or labourer striving to eke out a living upon ten or twenty acres of comparatively barren soil, to the more fortunate storekeeper, banker, or merchant—for all these classes are to be met with—who, having secured front eighty up to two or three hundred acres of valuable and fertile kind, have, entered with enthusiasm into agricultural pursuits. Before commencing my report I may state, however, that I proceeded on my investigation unhampered by any instructions, being only directed closely to examine the nature and extent of the settlement which had taken place under the 42nd clause, and fairly and impartially to state the result of such examination. My report of course in no way alludes to the land taken up tinder the regulations recently issued, as too short a period has elapsed since they came into operation to allow any opinion to He formed as to their probable effect upon the country.

The facilities for settlement afforded by the 42nd clause have, perhaps, been taken more advantage of in the county of Talbot than in any other portion of the colony, and it was this district, therefore, which I first visited, starting from Castlemaine as a centre, and proceeding through all the most important localities, In the immediate neighbourhood of Castlemaine, the greater portion of all the available land under the 42nd clause was occupied very shortly after the passing of the Amending Act, by those persons whose peculiar circumstances the clause was originally intended to meet, Accordingly there is here but very little farming. The ground has been principally taken up in small allotments by miners and others with whom it was a matter of absolute necessity that their homes should be as near as possible to the scene of their daily avocations. With the exception of those who selected a few sites for page 4 vineyards, the majority who have taken up land appear to have done so with the intention not of abandoning their Conner pursuits, but of establishing themselves in a permanent home, and by cultivating a small portion of ground in their leisure time, assist the somewhat precarious income derived either from mining or the other labour in which they were engaged. In the parish of Castlemaine proper there are some sixty holdings, mostly of an unimportant character, varying in extent from a couple up to twenty acres, and averaging perhaps ten acres each. The soil is generally of a very inferior character, many of the allotments consisting of small pieces of land on the slopes of the various ranges in some instances covered with quartz and granite boulders, and in others presenting the appearance of a mere wilderness of gravel. Yet, in spite of such unpromising conditions, the occupants have in most instances boldly faced the difficulties of their position, and as the result there may be observed patches of vegetation—here a few potatoes and other vegetables for the use of the household, or a small plot of wheat sufficient to secure bread until after next harvest; and there a patch of oats, for the oats for the benefit of the horse which, working in the puddling-machine or dray, is no mean contributor to the family income. Whatever success attends the exertions of these men they richly deserve it all. Only by the most untiring perseverance could anything like cultivation have been induced in such barren spots, and the very fact that such land has been fenced in—a house, however humble built upon it, and the ground, even to a small extent, brought under cultivation—slows the ardent desire to possess land which exists in the minds of those who have apparently linked their fortunes to such sterile localities. It is in this parish that the small allotment occupied by Stansmore is situated. In the columns of The Argus he has already complained that a neighbour named Hobby has been permitted to fence in a road, depriving him of all access to his holding save by a most circuitous route, and rendering it almost worthless. Stansmore's complaint is well founded. The road has been improperly closed, and the Crown lands bailiff took action against Hobby with a view of compelling him to open it. Hobby, however, appears to have friends at court, and the Crown lands bailiff was ordered by the department to discontinue proceedings. It is difficult to conceive what reason could have induced the Lands department to act in such a manner; and I trust Mr. Grant will see the necessity of allowing the law to take its proper course, and of doing an act of common justice, by securing the reopening of the road. I may here remark that in almost every ease which came under my notice in which the 42nd clause had been abused in order to forward the interests of mere land-sharks and speculators, and in which the act had been evaded, the circumstance was the result of undue influences, of a very corrupt appearance, having been brought to bear upon the head of the Lands department, consequent upon which the recommendations of the local authorities have been entirely disregarded, and the demands of political supporters and subservient members of Parliament have been acceeded to. I shall, however, have occasion to refer at greater length to this subject in subsequent letters.

From Castlemaine I proceeded through Guildford, Yandoit, and Franklin, towards Daylesford. All through the three former parishes, until the precipitous and barren ranees which surround Daylesford on that side rendered agriculture impossible, I was surrounded by a perfect network of settlements. Most of the land in Guildford taken up under tie 42nd page 5 section is, however, extremely poor, and of a similar character to that already described as prevailing in Castlemaine. These conversant with the distinguishing features of our principal gold-fields will scarce need to be reminded of the arid nature of the soil which, as a rule, is to be found in their immediate vicinity, and Guildford affords a fair sample land of this description. Such, however, has been the desire to obtain land that almost every available acre has been occupied, and is either under cultivation or has been fenced in for grazing purposes by small dairymen. Judging from the surface appearance many sections of land have been taken up, and parties are actually residing on them, the quality of which is so poor that there does not seem to be soil enough spread over a whole acre to grow a single head of cabbage. Most of this land was selected in 1865 and 1866 by persons who were unable to obtain more eligible locations within ten miles of a gold-field—the extreme distance then allowed by the regulations. In this parish there are some seventy holdings, averaging about twenty acres each. So far as I was able to ascertain two-thirds of the selectors are residing on the land, the remainder of the holdings belonging to small farmers who had previously purchased land in the district, and who availed themselves of the opportunity afforded by the clause to enlarge their farms and extend the circle of their operations. As a rule, this latter class appear to have monopolised the best of the land, and this is precisely what was to have been expected. They were the first cultivators of the soil in the neighbourhood; had, of course, selected the most eligible sites to purchase, and knew precisely where the next best land was to be obtained. To these men the provisions of the 42nd clause have proved quite as advantageous as to any other class. They have been enabled to emerge from their confined and chrysalis state, and by obtaining on easy terms more land, just when they were enabled profitably to occupy it, have been enabled materially to improve their condition. Although the general nature of the soil is so poor, there are small patches in the bends of the creek, and in other localities, where the land is really good; and on some of these—although the present season has been anything but favourable—as much as thirty bushels of wheat to the acre have been realised. The general average, however, will scarcely come up to half that quantity. Many of the settlers in this locality keep a few cows with the view of adding to their income by the sale of dairy produce; but the drought which has so long prevailed has considerably diminished the assistance which, under more favourable conditions, would have been derived from this source. The selectors, however, notwithstanding the difficulties they have had to encounter, are in good spirits, and console themselves for the poor returns of the present year by anticipating a better and more profitable season. At present, many of them have as much as they can do to make a bare livelihood. The soil is so poor that as yet they have only managed to bring a small portion of their holdings under cultivation, but being essentially working men they struggle manfully on, having no doubt of being able eventually to surmount the obstacles which they at first experienced in their endeavours to found a home.

From Guildford I proceeded through Yandoit. Here, although much of the land is poor and sterile, there is some of a much better description and, generally speaking, it is an improvement on Guildford. Some of the allotments, however, which have been fenced in in this locality appear so utterly worthless that it is difficult to conceive how they can possibly be turned to profitable account. As yet no attempt has been made to page 6 cultivate them, and, indeed, anyone trying to plough such land would only be regarded as but one degree removed from a lunatic. For grazing purposes the soil is equally unfit. The ground is covered with loose gravel, scanty tufts of grass, and moderately thick scrubby bush. One selector to whom I spoke, said that a few years ago he would not have accepted such land as a gift, but that now he had no choice in the neighbourhood, as the whole district was occupied. Still there is no doubt of the bonâ fides of these men. Many of them are residing on the land; they have gone to the expense of fencing it in; and notwithstanding all the unfavourable circumstances' by which they are surrounded they express confidence in their ultimate success. Some having small holdings complain of the rent they have to pay, it being pro rata far in excess of that demanded from these occupying larger selections; but I shall deal more fully with this important aspect of the whole case in a future communication. In these portions of Yandoit where the soil is of a better description than that just referred to the settlers display great energy. Advantage has been taken of every bit of open ground, and wherever the plough would work a crop has been put in, without waiting for the clearance of the remainder of the holding. The appearance thus presented is sometimes very picturesque :—fields of golden grain, fringed by forest land, and affording a remarkable contrast to the surrounding scrub and bush. Some of these crops have turned out very well, although the yield is not so great as was at one time anticipated. The sharp frosts which were experienced just as the wheat was commencing to form, and the long drought which followed, prevented the grain tilling out as it would otherwise have done, and the consequence is that the average yield in this locality will not be more than from twelve to fifteen bushels to the acre. A considerable number of Italians have settled in Yandoit, and they appear to be able to do more with poor land than either the English, Irish, or Scotch. They are plodding and persevering—in many instances have formed small vineyards, and have gone to considerable trouble and expense in providing water for the irrigation of their settlements. There are in Yandoit about one hundred holdings, averaging from twenty-five to thirty acres each. The township of Yandoit is now extremely dull. There is but little mining going on, and the place appears to be almost entirely dependent upon the agricultural settlers in the neighbourhood. At present there are four or five hotels open, but how the proprietors obtain a living is a mystery to the uninitiated. Some hopes are entertained of a revival in mining affairs, and a new company is, I believe, in process of formation. There may be some good deep leads yet undiscovered in the neighbourhood, but the general formation of the country does not indicate the existence of remunerative shallow auriferous deposits. Should some payable reefs, or good deep leads, be discovered in the locality, Yandoit will doubtless become an important place, but at present it seems likely to remain one of the quietest of all quiet country villages.