James VIVIAN - convict to SA?

[Tahneesmum26]

Hi again.. Due to uni research i have found the following. Hope it helps put the pieces of our family tree together.

James Vivian was arrested for Cow Stealing and sentenced in the Dorset Assizes Court to DEATH .. however this was commuted to LIFE TRANSPORTATION on the 14th March 1828
He arrived on the CLAUDINE in NSW. on Dec 6th 1829 *set sail on the 24th Aug 1829 - Occupation is listed as Plumber on some records Brick layer on others... there was only ONE James Vivian listed at this time as a convict and  the number of convict matches (Only way to keep records and people connected ..however there are not many Convict Reprimand Records surviving from this era.. Very little remain on James)
Catherine Forrest was convicted for Robbery and was sentenced to 7 years transportation on board the DIAMOND. - Catherine was a Nursery Maid

They requested permission to marry from the governor of corrections  and married 7th feb 1839 .. both were illiterate as their wedding register is signed by an X in both places..  It is written on the register they were married in a School House ( I am assuming the one in the Convict barracks as James and Catherine were only at the start of their sentences) by a Reverend M. D Mears

the children soon followed.. they had 2 children 1st was Mary born in 1839 .. 2nd is the elusive Jacob born 1841. Both born in Dapto , nsw

James was granted his Ticket of leave in 1839 in Illiwarra 

It appears soon after Jacobs birth that Catherine and James parted ways.. Catherine taking Mary to Balmaine and James taking young Jacob to South Australia. (I picked them up again in Mt.Torrens with his second wife Mary Wallis)

Catherine remarried Christopher Terry Duke and had two more children.. Jemima in 1856 and Christopher jr in 1860. Both born in Balmain.

Catherine then vanishes from all records until she is asking abut Jacob in the newspapers

James and Mary had a child too Charlotte in 1843.. in Jarvis Bay s.a. . They married after their divorce was granted as you had to be absent for 7 years with no contact for a divorce to be granted. He married Mary after that 7 years in 1848

James and Mary Children

1 Charlotte  1843  (Jarvois Bay)
2 Martha Mary Ann 1850 ( Adelaide)
3 Jane Rachel  1853 (Adelaide) ( Known as Rachel and a key witness in the Cow Stealing that happened in Mt.Torrens in 1869.. for which James was found NOT GUILTY even though all evidence was pointing toward him being guilty)
4 Kezia Ann 1858  (Adelaide)
5 John Peter 1859 (Talunga)
6 Sylvia Ann 1860 (Nairne)
7 James Peter 1867 ( the other name that pops up is their son) and last child ( Mary is now 40)

I have not been able to find ANY record of death anywhere in S.A

[xiaolu]

"( I am assuming the one in the Convict barracks as James and Catherine were only at the start of their sentences) "

I am not understanding this bit.   Quite a long time from 1829 to 1839 ?

[Tahneesmum26]

They were only in barracks from the time they arrived until they were Issued to free settlers. HOWEVER Catherine was freed relatively early in her sentence and James was granted ticket of leave 10 years into his sentence.
James .. on a LIFE sentence would only be able to ascertain his TICKET OF LEAVE if he did as he was told and kept on with his work. A usual life sentence of a convict who did as he was told and followed regulations was granted their Ticket within 10 1/2 years.
Catherine was granted her leave within a year of arriving. I can only put this down to the MARRIAGE ACT that was introduced to try and equal out the disproportionate amount of Males to Females in the colony at the time.
James was granted CONDITIONAL PARDON on the 13th Aug 1845 and his Freedom in October 1845 (Both in South Australia.. all convicts had to let the Government know where they were. James came to South Australia to Farm)

[xiaolu]

Your rev there is probably Matthew Devenish Mears.

His great-grandson who died a couple of years ago lived down the street.

[Tahneesmum26]

Oh thank you. Helps put full names to notes. He was one of the people who recommended his Ticket of leave

[judb]

TROVE has the following:

Death Notices for Christopher Terry DUKE,
DUKE. —January 3, 1905, at his residence, Francis-street,
Rookwood, Christopher Terry Duke, aged 80 years.
https://trove.nla.gov.au/newspaper/article/14669824
and
https://trove.nla.gov.au/newspaper/article/164035726

There are a few funeral notices including one for "friends of Mrs DUKE"

It would seem that Christopher DUKE remarried as the children mentioned in these notices are not Jemima and Christopher jnr; their parents are given on NSWBMD as Christopher T and Margaret.  There is this marriage
1876 #212,registered Sydney
Christopher Tay (as shown in index)  DUKE and Margaret SMITH

Obit for Christopher DUKE - no family information though.
https://trove.nla.gov.au/newspaper/article/240068505

So it seems that Christopher knew that Catherine was dead by 1876 (or he gave incorrect information at his marriage to Margaret SMITH.

IF this is correct then it narrows the death dates for Catherine - 1871 - 1876

Judith

[Tahneesmum26]

According to Ancestry Catherine died in Balmaine in 1874

[xiaolu]

NSW BDM

DUKE CATHERINE
2145/1874
JOHN
DIED BALMAIN
BALMAIN

There you go,  you can get her official certificate for $39 or whatever it is now.

[judb]

Ancestry's right - here's the death from NSW BMD
Death 1874 #2145, registered Balmain
Catherine DUKE, parent: John, died Balmain

Death notices from TROVE
May 20, at her residence, Edward-street, Balmain, of con-sumption, Catherine, the beloved wife of Christopher Duke,aged 52 years, a native of Cork, Ireland.
https://trove.nla.gov.au/newspaper/article/60988339
https://trove.nla.gov.au/newspaper/article/13338209
https://trove.nla.gov.au/newspaper/article/13337973
Funeral notice
https://trove.nla.gov.au/newspaper/article/13338135

Edit to add: transcriptions are cheaper than ordering from BMD;  three registered transcription agents shown on the NSW BMD site
http://www.bdm.nsw.gov.au/Pages/family-history/family-history.aspx#Askafamilyhistorytranscriptionagent
Judith