Tag: Legal

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Researching family in Jersey, part 7: Property Records and PRIDE

A Jersey Property Deed by Nick Thorne
A Jersey Property Deed

Establishing who owns land or a house on it is important, and pretty well every country has a land registry. Jersey’s is small but perfectly formed because every property transaction goes before one single body, the Royal Court. Apart from a small number of mid-17th century transactions, records are complete back to 1602. The first 150 years of records are on paper, but everything subsequent to about 1800 has been scanned and indexed into a computer system called PRIDE. There are two terminals at the Archive. One is upstairs in the reading room, the other is downstairs in reception – which is exceedingly useful as it can be used between 1pm and 2pm when the reading room is shut. You will need a member of staff to log you on.

PRIDE has a very simple search interface, and for most purposes you need a name to investigate, but it can be a hugely useful tool. Not only do you find sales of property, but after 1841 you will also find wills and details of partages – arrangements which exist to deal with the complexities of Jersey’s Norman-based system of inheritance.

You will also find details of rentes. Rentes are a little like a mortgage – you agree to long-term instalment payments in return for a capital sum – but unlike modern mortgages they are theoretically perpetual, and they can be inherited or traded between individuals, although there are very few left today. Also on PRIDE you will find details of procurations – in other words, appointments of attorneys to act on behalf of an individual – for more recent times.

If you start in modern times – after about 1980 – you can search properties. Any sale contract has to include a recital of title – in other words, who the seller acquired the property from and when. If you are fortunate it is then possible to work back up the chain…

Even if you don’t understand all of the legal niceties, PRIDE can still be hugely informative. A search for Philippe Du Feu threw up a document dated 1826. It didn’t actually concern Philippe so much as his wife Elizabeth Amy: the Amy family had created what we call a partage des heritages to ensure that the five daughters were provided with money for homes by their brother who had inherited the estate. In doing so the document gives us the names of all of Elizabeth Amy’s siblings, the names of their husbands (if they were married at that point), her parents, her brother’s grandparents and several aunts and cousins. None of that detail is on the Du Feu family tree. And study of the contract itself could give a great deal more information to the family historian – how generous the settlement was (or wasn’t) could indicate the social standing of the family.

Next time we’ll be looking at military records. Until then – À bétôt!

Guest blog by James McLaren from the Channel Islands Family History Society

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Researching Family in Jersey, Part 3: Jersey Parish Records

Jersey Archive
Jersey Archive

Most people will have at least some research to do which involves vital records – births, marriages and deaths. As in England, there are two categories of records. There are those kept by the state authorities – which record birth, marriage and death – and there are those kept by churches and record baptism, marriage and  burial. Jersey began civil registration in August 1842, but in this blog we’ll be looking at the parish records.

Parish records are available at the Jersey Archive. You won’t get to see the original registers, but instead there are copy transcripts made by the CIFHS. These go back to at least the late 17th century, and in some cases right back to the middle of the 16th century. Most of the transcripts end at 1842, but there are some more recent records available for the parishes of St Helier, St Martin and St John.

A typical entry in the baptism register might look like this:

17.02.1833 Mary fille de M. Philippe Du Feu et Mse. Elizabeth Amy

Notice the way that record is made. First of all, it’s in French – Jersey was very largely French- or Jerriais-speaking until the middle of the 19th century, and a lot of legal records long after that were kept in French.

More importantly, you will spot the fact that the mother’s maiden name is used. There were good reasons for this. In most parishes there were a relatively small number of surnames and forenames: as we observed last time there might be  several Philippe Du Feus living in one parish at the same time, and this helped to clarify who was who.

There are a couple of potential pitfalls to watch out for. Firstly, people were not always consistent about how they spelled their names – but the CIFHS transcripts usually gather the different spellings (for example Romerill, Romerill, Romrill, Rumerill) under a single heading. Secondly, it is always worth carrying out a check both of the married and the maiden name if the person you are looking for is female.

If your ancestor wasn’t a member of the Church of England, you might be less fortunate. There are records from two of the big Roman Catholic churches in St Helier (there were two because one was French-speaking and one was English-speaking), and there are a few records from non-conformist churches, but they are rather patchy.

One more thing to add on the parish records: work is in progress to digitise them and make them available online, hopefully towards the end of 2011. Next time we’ll look at the civil records – until then, À bétôt!

This is a Guest blog by James McLaren from the Channel Islands Family History Society

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Jersey Family History Forum at WDYTYA? Live

Jersey Family History Forum at the WDYTYA? Live show 2011
Jersey Family History Forum at the WDYTYA? Live show 2011

I had to be up, showered and breakfasted for 6 am, in order to make my way to Jersey airport and the 7 am “red-eye” to London Gatwick. The fact that I, not in any way a morning person, was prepared to do this stems from the timetable of workshops that I had seen for the Who Do You Think You Are? LIVE show at Olympia.

First on, in the Society of Genealogist’s Regional theatre was “Researching Your Family History in Jersey” given by Sue Payn and James McLaren and I really wanted to be there for the workshop. My bus to the airport, the flight to London and the coach transfer to central London all ran reasonably to schedule and so I was in the building by 10.15. and taking a seat in time for the presentation.

James’ began by clearing up the perennial misunderstanding by people from outside of the island, regarding Jersey’s constitutional position. As a Jersey born and educated person, myself, I have spent most of my life making similar statements to his and so a smile warmed my face as the familiar words rang out.

I am often heard saying that we are not part of England and Wales, nor are we part of Great Britain, nor the United Kingdom and we are not in the EU, but are British Islands.

As James said: “We are a Crown Dependency: we owe allegiance to the British crown, but in most other respects we are self-governing. We have our own legal system, large parts of which are quite different from English law. In this respect we are similar to Guernsey, but please understand that we are not the same! It’s like the difference between a Mercedes-Benz and an Austin Allegro – the principle is the same, a vehicle that gets you from A to B, but the detailed implementation is rather different.”

This brought another smile to my lips as the old rivalry, with our sister Bailiwick of Guernsey, was introduced to the good folk in the workshop. Both Bailiwicks trace a Norman heritage and when in 1204 King John lost his French possessions, the Channel Islands kept allegiance to the British Crown.

One of the first things you are going to find, if you are researching your ancestors from Jersey is that the records are invariably going to be in French, as this was the official language of this island until very recently when English has become dominant. James pointed out that Jersey was very largely French or Jerriais-speaking until the middle of the 19th century, and so a lot of legal records long after that were kept in French. The deeds to my house, for example.

I have often heard people in the island refer to these documents being written in “proper French” to distinguish the language used from Jerriais, the name given to the Jersey French patois spoken in the island, which even comes with variations in pronunciation across the 45 square miles of the island!

Jersey people have always travelled far from their island; some to settle away in places such as Canada, Australia and of course to the United Kingdom. Some stay and some return. As James said the reason Jersey folk travelled was “– partly because of our rules on inheritance, partly because there was money to be made in trade, partly to serve Queen and country in the armed forces, and more recently because the only way to get higher education was to go to the big island to the north of us. Consequently there are numerous people in the UK who have Jersey ancestry somewhere in their past.”

I shall be returning to the subject of Jersey Ancestors and have more from James McLaren from the Channel Islands Family History Society in another post on this site shortly.

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Genealogy Know How – Searching Your Family Tree

Family tree research is an exciting and rewarding look into your ancestry .  Much of your genealogy research will come easy , and parts will be more difficult.   Along this journey you will begin to wonder if anything is accurate as you grow your genealogy know how.

Census and legal documents may have illegible or incorrect names, wrong dates or errors in location .  As a researcher, you will need to question the evidence to determine whether or not the proof is correct .

People study their family history for many different reasons.  Some wish to join organizations , which require a proven lineage.  Some do it for religious reasons.  Others for medical reasons, trying to trace medical issues through members of their family .  Perhaps the individual wishes to leave a legacy for their children. Most begin genealogy because they are fascinated with the study of their family as a whole .  For whatever reason it becomes a fascinating project.

There is a difference between a genealogy and a family history .   A genealogy is a collection of names, dates, and places .  A family history includes the personal family stories that add interest to the genealogy . 

The often heard question for those beginning genealogy is “How do I begin ?”  

Start with yourself – work from the known to the unknown , gathering proof each step of the way.  Be objective and be organized.

There are several tools to get you started on your path to genealogy know how.  These include pedigree charts, family group sheets,  and basic organizational techniques. You will learn search techniques and will become familiar with genealogy databases.

Sign up for a beginner’s genealogy research class to learn how to be productive with a genealogy project.  Gaining knowledge from one or more experts will show you where to start and how to reduce your research time.

Learn what books and relevant maps to have in your library . Locate local libraries, genealogical and historical libraries . 

Collect family records , legal documents, census records , oral history stories , pictures , jewlery, pins, medals, ribbons, birth announcements , memorial cards , obituaries, holiday reminders and artifacts , scrapbooks and momentos .

Become excited, awestruck and filled with wonder as you increase your genealogy  knowledgeand build your family tree.  

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Bankrupt Ancestors in Your Family Tree!

We all know that in today’s new economy people are getting themselves into debt. Worse still, for some, is the prospect of going bankrupt. It may seem that bankruptcy is a modern phenomena, well it isn’t. Getting into debt was also a common problem for our ancestors as well. As we all love a skeleton in the cupboard, just how can we find out if one of our family has had the problem to face back  in the Britain of the past? It would seem that we may be able to find out more online.

In my research into my family tree I remember chancing on some family notes that, on face value, seemed to identify one of my ancestors as having been a partner in a business enterprise that had failed. To start with I had had no inkling that my forebear, in question, had even been a merchant, so to learn that his enterprise had eventually hit the rocks was an interesting nugget of information in itself. As a bookseller, myself, and having read the Charles Dickins novel called Little Dorrit, which you will no doubt know is set in within a debtor’s prison, I wanted to find out if my own ancestor had faced being declared bankrupt.

In England, Bankruptcy goes all the way back to a statute of Henry VIII in 1542. The 1571 Bankruptcy Act brought about the idea that a bankrupt person would be able to settle their debts, by distributing what remaining assets they had, through independent commissioners. Up until 1705  the unfortunate debtor could never be discharged from bankruptcy and so the stigma would remain with them for ever!

Legally, Bankruptcy is a process in which a court official assumes charge of a qualifying debtor’s property so that a distribution can be made to the creditors of the debtor in a proportion to the sum that they are owed.

Only in the year 1869 was it that individuals who were not undertaking a business  of some sorts were able to become bankrupt. Before this date, ordinary people were known as being insolvent instead. These souls faced being sent to debtor’s prison and were not released until they had found a way to pay off their creditors. Bankruptcy, as such, applied strictly to people who were traders, that is those who bought and sold goods, or who worked some materials into things that they then sold.

District bankruptcy courts were first established outside of London from 1842. Then their jurisdiction passed on in 1869 to the County Courts. In the capital city the London Court of Bankruptcy was set up in 1869, before being absorbed into the High Court of Justice in 1883. Should you wish to find details of what’s available for you to search then I recommend taking a look at Access to Archives at http://www.nationalarchives.gov.uk/a2a/

Independent assessors, known as Commissioners, would determine if a debtor was eligible for bankruptcy or not. If they were satisfied that bankruptcy could take place, then they would publish a notice in the London Gazette declaring the debtor bankrupt. Also posted would be a list of potential creditors along with the dates set for meetings. The London Gazette’s archives are easily searched today on-line at www.london-gazette.co.uk. This is a fantastic resource  for any family historian hot on the trail of a bankruptcy. You are able to search the archives by date and name, then view a pdf image of the pages that your results have found. The London Gazette has been published since 1665 with a regular publication of bankruptcies stretching back to 1684 and also 1712 for insolvent debtors. Scottish notices can be found in the Edinburgh Gazette at : www.edinburgh-gazzette.co.uk

Family historians can locate case files for English bankruptcies at The National Archives in Kew, while Scottish sequestrations are to be found at The National Archives of Scotland. Unfortunately, for us, the majority of case files for England have not survived, but those that have are indexed on TNA’s online catalogue.

Other resources to consider are journals that published similar notices to the gazettes. These will include The Times; The Gentleman’s Magazine; Perry’s Bankrupt & Insolvent Gazette (1828-1861) and Perry’s Bankrupt Weekly Gazette (1862-1881). If you are looking for notices of bankruptcies in the County Court, then you will probably need to turn to local newspapers for the area in question. The British Library would be the place to look for these. Now we are also able to search contents of newspapers at http://newspapers.bl.uk/blcs.

Insolvent ancestors can be an interesting topic of research. Remember, however, that their hardship carried much more stigma than it does today. In modern times we can go into debt, declare ourselves bankrupt, or wipe out a huge chunk of our debt with the alternative Individual Voluntary Arrangement IVA. And yet none of us lives in the fear of being incarcerated in the debtor’s prison in the 21st century.

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Distant Cousins Help to Populate My Family Tree

As my family tree research has moved along, I have been very lucky in receiving a helping hand by several distant “cousins” who have been nice enough to share with me information on mutual ancestors. Like me, they were independently researching the same, or sometimes collateral lines of  our shared family. The input these kind folk have given me has often boosted my research and propelled me so much further forward in the quest to build my tree. There is some pleasure to open my email program and find the subject line includes a last name, from one of the various family branches I’m researching. You may be wondering how you could start to get your own fellow researchers to contact you?

1.Enter your ancestors into a family tree on-line. I have used the facility at websites such as GenesReunited and Ancestry (Disclosure: these links are compensated affiliate links) to upload some of my ancestors into the family tree facilities provided by these sites. A benefit here is that you don’t have to give out your email if you don’t want to, as you get messages via the website that allows you to decide to contact the person or not.

Ancestry

2. Set up a simple website. This has been my most effective way of receiving contacts. Initially I signed up for a free website hosting and simply purchased the domain name for a few pounds/dollars a year. I then got a free website builder that didn’t need me to know any HTML code as it worked in a What-You-See-Is-What-You-Get manner. I posted a page with a few facts and some photographs on each branch and added a picture of my very minimal, at least that time, tree. As I grew more proficient I split the lines into several pages, one for each branch. When I went visiting the areas, where my ancestors had lived, I took photographs of houses that they had lived in, work places, schools that they had attended and so on. Next I published some pages in a short narrative about the trip. I then posted links to my site on a few websites that allowed me to do this, for example some forums will if it is not a commercial post.Eventually the Google search engine found my website and so now it has become easier for surfers to find it when looking for Thorne, or Stephens or Hay families. So what about the threat of spam to any email address that is published on the Internet? In order to prevent my main email becoming bogged down with spam I set up a separate email on my website domain, e.g name @ mydomain. com and then added a new identity in outlook express. I now have two email addresses so keeping my private one away from the spammers.
3. Get blogging. I chose to set up a WordPress blog on my existing website as an add on, but Blogger is an alternative that I have seen used. You may decide that, instead of adding a blog to a website that you go down the route of a blog on its own. To many this is the simplest way to get a web presence. You are able to host it on the blog provider’s platform. Better still, as you retain the copyright for anything you publish, register a domain name of your choice and get some web-hosting. Now all you need to do is set up the blog on your own hosted website. You don’t need to have other pages on the site if you don’t want to.
4. Join social networking sites like Arcalife, or We’re Related, or Ancestral Maps.
Arcalife combines the ability to share family trees with connectivity. It is heralded as a facebook for family historians. It is still under development but looks like it is going in the right direction.
We’re Related is an application that is not meant to be a full featured family tree software package, though it has got several features of that kind included. The idea behind it is for you to be able to share basic family information with anybody you choose.This should allow you to find your relatives on Facebook, keep up with your family, build your family tree and share news and photos with your family. They hope that in the future the application will allow us to share memories about ancestors with our family, compare our family tree with our friends on Facebook and so to see if we are related.
Ancestral Maps is an exciting new website that allows family historians to plot events and locations relating to your ancestors’ lives on maps. The idea is to then share these with others who are members of the website. It sounds like it could grow into a most useful site as it attracts new users.
So if you want to speed up your research and make contacts with distant cousins then I can’t recommend enough these strategies. The bottom line is that the world wide web has made it much easier for us to make connections with fellow researchers but to do this you need to set up a means for them to find and contact you.
A word of warning: Never take what is shared and publish it without asking. If someone has put in 20 years research on their family and shares with you the benefit of their work, for you to go and add it to your website without their permission is a recipe for ill-feeling and perhaps legal proceedings.
So a distant cousin’s research may well propel you along to find ancestors more quickly than if you were plodding along yourself, but remember that a good family researcher will check the primary source of any information given and will not take it as gospel until they have tracked down the births, marriages and death or census records themselves and then cited them properly in their tree.
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