MULLAN or MULLANE/DUVAL

[rosball]

Hi Judy,
   From what I have read online eg http://en.wikipedia.org/wiki/Ticket_of_leave a ticket of leave is just a conditional parole.  It was used in UK, and other commonwealth countries so does not imply that the person was a transported convict.

So when James Duval was apprehended after jumping ship, he was probably given some sort of sentence and then given a ticket-of-leave allowing him to marry and live outside (but could not leave the colony).

cheers,
   Ros

Edit to add : And there were some French convicts from Canada transported here 1839-1840 http://members.iinet.net.au/~perthdps/convicts/canadian.html

[bozzo2]

Thanks Ros for the links,Mmmm I'm still not totally convinced he wasn't a convict,unless I am overlooking something in the article.
Cheers
Judy

[majm]

Hi there

I am not an expert but here is my explanation ... I stand happily to be corrected
CONVICT  a person currently serving a sentence of a court

TRANSPORTED CONVICT a person serving a sentence of transportation beyond the seas (of the location of the court)

FORMER CONVICT a person who is no longer subject to a sentence of the court ... hence could be FREE by servitude (served the sentence in the penal colonies etc and may have held a T of L but has been issued a C of F which is to be used to PROVE the holder is FREE)

Sydney c1840s ... no longer a penal colony but there were still people serviing Transportation sentences HOWEVER there were 3rd and 4th generations of descendants of first fleeters and later ARRIVALS many who CAME FREE ...

Secondary Transportation indicates a TRANSPORTEE committed a colonial crime and thus was to be transported to yet another penal es colony or at least beyond the seas

Persons who came free or were BORN in the COLONIES could also face the courts and they were usually sentened to GAOL time noting TRANSPORTATON does NOT put the convict in Gaol .. there needed to be a further charge and a guilty verdict in the colony  and there needed to be a physical GAOL first ... Hence convicts were assigned and thus needed T of L to move around during their servitude etc etc etc

PARDONS

Conditional    A transported was FREE but on Condition they did not return to the country where they were originally tried

COLONIAL  they were pardoned of the sentence underwhich they had been tried in the Colony issuing the Pardon FREE to go anywhere

ABSOLUTE pardon   This means the holder was completly pardoned or the sentence or the court ... and could be issued to either the overseas court sentenced convict or the colonial court sentenced convict  FREE to go anywhere

Sorry I have not looked for your French Chap  but I hope my general summary can help ... NB there will be exceptions to these explanations ...

Cheers JM

[rosball]

Hi JM,

   Why would there be 2 different registration numbers on marriage of James Duval and Margaret Mullane in 1842 in NSW BDM?  Does this give a hint to anything?

V18421454 92/1842    DUVAL    JAMES    MULLANE    MARGARET    LD   
V1842620 130/1842    DUVAL    JAMES    MULLANE    MARGARET    LD

cheers,
   Ros

[majm]

Back in 1810 Gov Macquarie issued a general order about recording baptisms and burials and clergy were required to transmit evidence of their ceremonies to the  NSW Chaplains ... Then 1820s  marriages were added to the general orders
SO if not married at ST Philips then the clergy were meant to TRANSMIT a summary to Rev  COWPER at St Philips ... This rule was often  overlooked as the governor did not provide additional funds to the clergy for this CIVIL task.   BUt after St Marys Cathedral was completed the Roman Catholics ceased transmitting to St Philips and their priests were expected to transmit to St Marys ... All other denominations were meant to transmit to St Philips  .. from throughout NSW  eg At times that included Fiji and other south sea islands ..  NZ etc

So in the 1930s wheen  NSW was indexing the volumes that they had organised into Volumes with teams of volunteers transcribing them well the volunteers transcribed all the volumes  SO there can be more than TWO entries for the one event ... 3 or 4 sometimes

The original parish record often has more depth of info while the transmitted summary  is often very scant

Cheers JM

[bozzo2]

Hi Maja
Any ideas why there seems to be no death entry for James Duval,not that I can find anyway.
The 1886 death entry is his son James b.1843
Judy

[majm]

Early Church Records held by NSW BDM are not complete

Also it was well into 20th c that regulations sorted out who was responsible to remit the fees to register a death where a coroner or Police Magistrate had needed to consider an enquiry so some burials post 1856 have not ever been registered ...  also some summary returns could have been lost or too difficult to read  ... NSWBDM did not get typewriters until 20th c you know !

[bozzo2]

Ok,thanks for the info you have provided,much appreciated
Cheers
Judy

[majm]

So in 1853 in the Scone District of NSW, James DUVAL, ex the Lady Kennaway of 1841 received a Ticket of Leave for an offence he was tried for at the Sydney Quarter Sessions....  The T of L would give you the year of that offence ! It could even give you more about his own origins 

I haven't carefully studied all the posts on this thread .... but have you gone through the Lady Kennaway passenger list at this link (free to search, and it is images of the landing manifest)

http://www.records.nsw.gov.au/state-archives/guides-and-finding-aids/nrs-lists/nrs-5316#the-list-of-ships
Scroll about half way through, find 1841, then 13 Oct and then Lady Kennaway.   Usually the manifests give families, then single men then single women etc...

So, James Duval was up in the Scone District in circa 1853 

Cheers,  JM