VPRS 709 Court Registers

Origin of this Series The original transfer of this series contained a variety of court records attributed to Mansfield Courts (VA 3054). The series was accessioned by State Library Archives staff in 1970, prior to the establishment of Public Record Office Victoria. The registers were transferred and serialised as one series, as was the standard practice of the time, and have yet to be reprocessed according to modern archival standards. This series consists of: Licensing Registers (1886 – 1923) County Court Registers (1869 – 1870) Verdict Book for the County Court (1892 – 1927) County Court Workers Compensation Register (1915 – 1927) Childrens Court Maintenance Register (1892 – 1955) Adoption of Children Register (1952 – 1954) Exemption Register (1916) Licensing Registers Up to 1886 registers of applications for liquor and non-liquor licences were created and maintained in local Courts of Petty Sessions at which annual, quarterly, and general sittings of justices of the peace, licensing benches or licensing magistrates occurred. Under the Licensing Act 1885 Victoria was divided into Licensing Districts and Licensing Courts were constituted for each Licensing District to hear and determine liquor licence applications. Licence Registers extant for the period 1886 to 1890 often document the transition of responsibility from the Courts of Petty Sessions to the Licensing Courts. In most country areas the same volume continued to be used for liquor and non-liquor licence applications until circa 1890 when new stationery was introduced specifically for liquor licence applications. Between 1886 and 1890 the pages that record proceedings of the Licensing Court are annotated to show that they are a record of that authority. This series includes a record of proceedings concerning licence applications. As the records document proceedings held prior to 1890, it is likely that they will include both liquor and non-liquor licence applications. Some common non-liquor licences included: Auctioneers Carriers Hawkers Stage-Coach operators Slaughterers Real Estate Agents Collectors County Court Registers This series includes registers of the sittings of the County Court, which was responsible for judgments in more substantial civil actions. Details given in the registers include the number of the plaint, the date of hearing, the name and address of the plaintiff and defendant, the nature of the action and amount of claim, dates of execution and of return of warrant, the amount levied and remarks. Maintenance for Deserted or Destitute Wives and Children The Maintenance Act 1928 (Vic) and previous Marriages Acts established provisions for maintenance support to be provided by husbands who had left their wives or children without means of support. Courts of Petty Sessions were empowered to hear complaints regarding desertion and to set levels and enforce the payment of maintenance. Although the Maintenance Act 1965 (Vic) is still in force in Victoria, the Commonwealth Family Law Act 1975 (Commonwealth) also has provision for the granting of maintenance and most orders are now made under this Act. A different recordkeeping system applies to maintenance records under the Family Law Act. Maintenance Registers Successive Justices' Acts and, more recently, the Magistrates' Court Act 1989 (Vic) have required the clerk or registrar of the court to make and keep a register of all convictions, orders, and other proceedings of the court. This register is the authoritative record of the court. Most courts maintained a separate sequence of registers for maintenance matters, although the registers were in the same format as all other petty sessions court registers. At most courts, Maintenance Registers were used to record three types of maintenance matters: applications for the court to set a level of maintenance, applications for the court to vary the level of maintenance, and enforcement applications, that is, where maintenance orders had been breached, maintenance recipients could seek a court order for payments to be made. Failure to comply resulted in the imprisonment of the defendant. The Registers give details of: The names of the complainant (usually the wife) The defendant (usually the husband) The nature of the matter before the court (being an application for maintenance on the grounds of unlawful desertion, an application to vary maintenance or an application to recover maintenance arrears) The court's decision. Each double page records information about maintenance payments and court proceedings relating to a single child whose name is written at the top of the left-hand page. Information recorded includes the name of the parent against whom the maintenance order was issued, amounts of payments and references to court proceedings. The register is a record of payments and amounts due and is not a certified record of court proceedings. Adoption in Victoria 1929 – 1958 The adoption of children was first regulated by legislation with the commencement of the Adoption of Children Act 1928 (Vic). This Act established adoption as a legal transfer of custody and parental responsibility and gave responsibility for making adoption orders to the courts. Prior to this time, adoptions were informal arrangements often made by private infants’ homes. Under the Act, an adoption application could be heard by the Supreme Court (VA 2549), County Court (VA 686), or Court of Petty Sessions. The choice of court depended upon the circumstances of the case and the wishes of the parties. Adoption cases could be heard at the Court of Petty Sessions closest to where either the applicant(s) or the child resided. The Court could grant an adoption order if several parties gave their written consent to the adoption, namely the child’s natural parent(s) or guardian(s); the person having custody of the child; any person liable to contribute to the support of the child; or where the applicant was married, the applicant’s spouse. If the consent of any of these persons could not be obtained in writing, a higher court had to be used. Should the applicant(s) (i.e., the prospective adoptive parent(s)) choose, the County Court could grant an adoption order in any circumstance. The Supreme Court could grant an adoption order in any circumstance. Adoption in Victoria 1958 - present The passing of the Adoption of Children Act 1958 (Vic) removed the jurisdiction of the Court of Petty Sessions to grant adoption orders. Since that time the County and Supreme Courts have had the power to grant adoption orders, although in practice most have been granted by the County Court. Cases involving interstate and international adoptions are generally handled by the Supreme Court. With the changes brought about by the Adoption of Children Act 1984 (Vic), the Registry of Births, Deaths and Marriages (BDM) (VA 983) obtained the original court records, wherever possible, from the Courts to enable them to obtain sufficient information to prepare "birth certificates" containing more information for adopted persons. All records in custody of the courts as of 1 January 1989 therefore came under the management and control of BDM. BDM also provides adoption information to Adoption Information Services from these records.  Any records created after that date are still the responsibility of the respective Court as BDM are only able to request a memorandum of the adoption order, rather than the complete file.  Court-Maintained Adoption Registers Court districts commonly maintained a specific adoption register for cases held at Court of Petty Sessions, County Court, and Supreme Court respectively. However, registers were often shared between court districts or levels of court, particularly in remote regional areas. Between 1929 and 1958, Court of Petty Sessions and County Court cases were sometimes registered using the same system, likewise County Court and Supreme Court cases were also occasionally registered in sequence. Sometimes, a single volume was used or repurposed to register cases from different recordkeeping systems or case file sequences.  Adoption registers generally contain the following details: Case number Date of application Names, ages, and occupations of couples applying Name, sex, and age of child Names of other respondents (usually mother or both parents, or guardian) Minute of decision and remarks Cases were authenticated in the registers by the Stipendiary Magistrate or Police Magistrate for cases heard at the Court of Petty Sessions, or the presiding judge for cases heard at the County Court and Supreme Court. Adopted Children Register Under section 17 (1) of the Adoption of Children Act 1928 and the subsequent adoption acts, the Government Statist was required to establish and maintain an Adopted Children Register (VPRS 11683) in which entries were made as directed by adoption orders (VPRS 11682). All courts were required to inform the Office of the Government Statist and Actuary (VA 989) of adoption orders granted from 1929 to 1983, then BDM from 1983 onwards. Researchers should note that the Adopted Children Registration Number given in the central register does not correspond to the case file number assigned by the court. Exemption Register A referendum on conscription for military service outside of the Commonwealth was held on 28 October 1916 (see Victorian Year Book 1916-17, p.84). Although the proposal was defeated, the practice of requiring persons to serve within the Commonwealth continued. Automatic exemptions were granted to: Persons unfit for any naval or military service Members and officers of the Parliament of the Commonwealth or of a State Judges, stipendiary, or special magistrates of Federal or State Courts Ministers of religion Persons employed in the police or prison services of the Commonwealth or State Persons employed in lighthouses Persons employed as medical practitioners or nurses in public hospitals Persons not substantially of European origin or descent Persons whose conscientious beliefs did not allow them to bear arms, and Persons engaged in any employment specified by Regulations or by Proclamation. Applications could also be made for exemptions for a number of other reasons. These could be made on the grounds that it was expedient in the national interest that the man should be engaged in other work in which he was habitually engaged, be engaged in other work in which he wished to be engaged, continue to be educated or trained; serious hardship would ensue owing to his exceptional domestic financial obligations; the man was the sole support of aged parents, a widowed mother, orphan brothers or sisters under the age of sixteen years who were physically incapable of earning their own living; he was the only son, the sole remaining son, or one of the remaining sons of a family of whose sons one-half at the least had enlisted prior to 2 October 1916; or the man was not a natural-born or naturalized British subject. Applications for exemption were heard by an exemption court in the military sub-district in which the applicant lived. Details of applications for exemption and the court's decision were recorded in registers. Each entry records the case number, the applicant's name, the applicant's reason for seeking exemption and the court's decision.