VPRS 1466 Mining Warden's Outward Letter Book, Ballarat Mining Division (1869 - 1871); Court of Petty Sessions Maintenance Register (1872 - 1889)

This volume was initially used to record copies of letters sent by the Mining Warden of the Ballarat Mining Division within the Ballarat Mining District between 1869 -1871 and was later used as the Maintenance Register by the Ballarat Court of Petty Sessions between 1872 - 1889. This joint use can probably be explained in that both the Mining District and the Court operated from the same building and it is also possible that the positions of Mining Warden and Clerk of the Courts were held at one time by the same individual.Maintenance RegistersThe Maintenance Act 1928 and previously successive marriage 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. The Maintenance Act 1965 is still in force in Victoria (as at 1992). The Commonwealth Family Law Act 1975 also has provision for the granting of custody and maintenance and most orders are now made under this Act.Successive Justices' Acts and more recently Magistrates Court Acts have required the clerk or registrar of the court to make and keep a register of convictions, orders and other proceedings of the court. This register is the authoritative record of the court. Most courts maintained a separate register for maintenance matters.This record was created to record and enforce the payment of maintenance following a court order requiring that maintenance be paid for the support of a child. For each order, the details recording these payments were spread over a double page. Details recorded at the top of both of the pages were the name of the child, the Court making the order, parents name and address. The name of only one parent is listed. The date of the order is recorded at the top of the second page along with the weekly amount which must be paid satisfy the order. Most of the first page is devoted to recording the monthly amounts paid and the balance due. Any later proceedings in relation to the order are recorded on the second page.