Hulk and Houses of Correction Act 1828 No 5a (NSW)

No. V.

An Act for the better regulation of the Hulk or Float ing Prison in Sydney Harbour and for establishing Houses of Correction in the Colony, [30th June, 1828.1

WH E R E A S by an Act of Council bearing date the seventeenth reciting that in consequence of the inadequacy of the Public Gaol of day of February one thousand eight hundred and twenty-six

Sydney to the present state of the Colony a Hulk or Floating Prison had been provided for the reception and safe keeping of prisoners it is enacted That the Hulk or Floating Prison in Sydney Harbour commonly- called the Phoenix shall and may be used as a public prison for the reception and safe keeping of all prisoners convicted and sentenced for crimes by any competent Court in New South Wales and that such prisoners shall be subject and liable to such rules and regulations as the Governor or Acting Governor may from time to time order And whereas it is found expedient to extend the purposes for which the said Floating Prison or Hulk was available under the provisions of the said recited Act of Council and to make it a general prison or gaol and house of correction Be it therefore enacted by His Excellency the Governor of New South Wales and its Dependencies by and with the advice of the Legislative Council That from and after the passing of this Act the Hulk or Floating Prison in Sydney Harbour commonly called the Phoenix shall be considered as a portion of and as part of t h e Gaol of Sydney and the same shall be under the direction and management of the Sheriff of New South Wales and shall be subject to the same rules and regulations as gaols in general.

2. And it is hereby further enacted That from and after passing of this Act all prisoners now confined and imprisoned in the Gaol of Sydney or who shall or may at any time hereafter be committed to or be liable to be imprisoned in the said Gaol of Sydney either as a common gaol or as a house of correction shall or may be imprisoned in the said Gaol of Sydney or in the said Hulk or Floating Prison at the discretion of the Sheriff of the Colony of New South Wales and as he shall deem expedient or necessary for the general safety and advantage

advantage of such prisoners and the Sheriff for the time-being shall have the power of removing any person or persons who may now be or may hereafter be confined in the Gaol of Sydney or in the said Hulk or Floating Prison to and from each other as often and whenever he shall deem such removal necessary and expedient.

3. And it is hereby further enacted That from and after the passing of this Act all the common gaols now erected and being or at any time hereafter to be erected within the Territory of New South Wales shall be considered to all intents and purposes houses of correction as well as public gaols.