Hi Listers, Could a woman who had been married to a man transported (in 1827) from NSW to Moreton Bay have eventually married someone else, using the rule applied to transported convicts of 7 years separation? The case I am speaking of is Margaret DAY, formerly MANSFIELD, born c1807. She had married Marcellas DAY in Liverpool in 1825, and they had one son, William Henry DAY, in 1826, before Marcellas was convicted (in 1827) of stealing a pig, and whisked off to Moreton Bay. Margaret then had four children with Charles BLINMAN, a convict Freed by Servitude, the last being George BLINMAN, b. 25 Nov 1838. (A date which *might* be important). Shortly afterwards, Margaret seems to have disappeared. She is not mentioned in Charles BLINMAN's Will , although son George BLINMAN is, and her death record cannot be found (Charles died in 1842). But, there is this marriage, in 1839, in the NSW BDMs: V1839578 123/1839 POACHE WILLIAM DAY MARGARET PN Now, POACHE appears to be wrong - no other entries for that name - but what about ROACH? Just one child, for William and Margaret ROACH: V18442871 121B/1844 ROACH MARY J WILLIAM MARGARET And, there is this death, for Margaret ROACH: 889/1884 ROACH MARGARET AGE 70 YEARS DIED SYDNEY SYDNEY (Possible - if that is the former Margaret DAY, she would have been about 76). Only question, really, is whether she could have re-married when her legal husband, Marcellas DAY, was still in the Colony ... and I guess that depends on whether transportation to Moreton Bay counted as a transportation permitting re-marriage. Clues, anyone? Not sure whether I have hit on a solution, or whether this is yet another Margaret DAY :-) Cheers, Lesley (In sunny, rather *hot*, Melbourne)

Hi Lesley, Moreton Bay was still part of New South Wales in 1828 so I doubt the 7 year law would have applied. When and where did Marcellas Day die? Maybe Margaret was a widow by the time of the second marriage or maybe she married bigamously. Many convicts did. The intent of the 7 year law was that the parties be separated "across the seas" but, as I understand the situation, even though the Government had made this law many Churches would not accept it. The Churches refused to marry people if they knew there was a living spouse in England, Scotland etc. unless the married party could furnish written proof that the spouse was deceased. This lead to some great forgeries in letter writing! Carol

Hi Lesley The Margaret Day who married William Roach in 1839 was 21 or 22 at the time - therefore born about 1818. When William (convict) applied to marry her it is stated she arrived free. She does not sound like to person you are after given the age. regards Lesley Uebel mailto:ckennedy@bigpond.net.au CLAIM A CONVICT http://users.bigpond.net.au/convicts/index.html -----Original Message----- From: aus-convicts-bounces@rootsweb.com [mailto:aus-convicts-bounces@rootsweb.com]On Behalf Of Lesley Albertson Sent: Sunday, September 14, 2008 3:40 PM To: aus-convicts@rootsweb.com Subject: [AUS-CON] Margaret DAY ... re-married, NSW, 1839, after husband transported to Moreton Bay? Hi Listers, Could a woman who had been married to a man transported (in 1827) from NSW to Moreton Bay have eventually married someone else, using the rule applied to transported convicts of 7 years separation? The case I am speaking of is Margaret DAY, formerly MANSFIELD, born c1807. She had married Marcellas DAY in Liverpool in 1825, and they had one son, William Henry DAY, in 1826, before Marcellas was convicted (in 1827) of stealing a pig, and whisked off to Moreton Bay. Margaret then had four children with Charles BLINMAN, a convict Freed by Servitude, the last being George BLINMAN, b. 25 Nov 1838. (A date which *might* be important). Shortly afterwards, Margaret seems to have disappeared. She is not mentioned in Charles BLINMAN's Will , although son George BLINMAN is, and her death record cannot be found (Charles died in 1842). But, there is this marriage, in 1839, in the NSW BDMs: V1839578 123/1839 POACHE WILLIAM DAY MARGARET PN Now, POACHE appears to be wrong - no other entries for that name - but what about ROACH? Just one child, for William and Margaret ROACH: V18442871 121B/1844 ROACH MARY J WILLIAM MARGARET And, there is this death, for Margaret ROACH: 889/1884 ROACH MARGARET AGE 70 YEARS DIED SYDNEY SYDNEY (Possible - if that is the former Margaret DAY, she would have been about 76). Only question, really, is whether she could have re-married when her legal husband, Marcellas DAY, was still in the Colony ... and I guess that depends on whether transportation to Moreton Bay counted as a transportation permitting re-marriage. Clues, anyone? Not sure whether I have hit on a solution, or whether this is yet another Margaret DAY :-) Cheers, Lesley (In sunny, rather *hot*, Melbourne)

Hi Lesley, > The Margaret Day who married William Roach in 1839 was 21 or 22 at the time - > therefore born about 1818. When William (convict) applied to marry her it is > stated she arrived free. > Ah! Well, Margaret MANSFIELD is also listed (in the 1828 Census) as Came Free ... but her age is plainly wrong, as that would make her about 7 in 1825, when she married Marcellas DAY. > She does not sound like to person you are after given the age. Thanks for reply - and thanks also to Carol for her quick response. Looks like back to the drawing-board :-[ Cheers, Lesley (In now *grey* Melbourne)

Hi Lesley, All I can tell you is Marcellas did not die while incarcerated at Moreton Bay, and according to the NSW BDM's he died in Bega NSW in 1880 as there was only one Marcellas Day that died in either NSW or QLD 5541/1880 DAY MARCELLAS Father:MARCELLAS Mother: UNKNOWN Distrct: BEGA There is no record of Marcellas Day remarrying in NSW or QLD I have checked the listing for a death in Moreton bay for "Day" and "Marcellas" and neither appear. there were only 223 Listed Convicts that died in Moreton Bay including those that drowned or were executed. Hope this helps Regards Sue.