(I.) TABLES OF IMPERIAL ACTS, (II.) NEW ZEALAND ORDINANCES AND II.-NEW ZEALAND ORDINANCES AND ACTS (COLONIAL AND Appeal of Court Act, 1862 8. 29 PROVINCIAL). Page 91 Larceny Act, 1867, s. 41. 231 Local Boards Act, 1873 84 Amendment Act, 1870 92, 96 | Maori Real Estate Management Act, 1867 129 Appeals from Provincial Rating Act, 1871, 8. 9 83, 87 Bankruptcy Act, 1867 24 Canterbury Rivers Act, 1870, ss. 26, 27, 28 249, &c. Acts, 1860 & 1870 41 Gold Fields Act, 1866 93 1871, s. 4 Canterbury Road Board Ordinance, 1872, s. 10 Canterbury Waste Lands Act, 1867, ss. 3, Crown Redress Act, 1871. Distress and Replevin Act, 1868, s. 6 Immigration Act, 1870, ss. 39, 40, 45, 46, Immigration Act, 1871, s. 4 Interpretation Act, 1868 Joint Stock Companies Act, 1860, s. 56 Juries Act Amendment Act, 1871 Justices of the Peace Act, 1866, s. 83 78 264 201, &c. 13, &c. 303 129 1869, ss. 12, 13, 14, 15 129, 139, 140, 141, 142 Ib. Otago Waste Lands Act, 1866 6, 8, 13, 14 1872, ss. 47, 64 164, 167, 168 Power of Attorneys Act, 1854 Resident Magistrates Act, 1867, s. 19 144 77, 82 67, 74, 76, 80, 81 201, &c. 102, 103, 105, 107 312 CASES DETERMINED BY THE NEW ZEALAND COURT OF APPEAL. MAY, JUNE, AND NOVEMBER, 1875. REGINA v. W. L. WARNE. Verdict-Recommendation to mercy-Special grounds-Forgery-Intent to defraud. Semble, The terms in which a jury recommend a prisoner, whom they have found guilty, to mercy, are not to be taken as part of the verdict. On an indictment for forgery and uttering a promissory note, the jury first returned a verdict of guilty, with a recommendation to mercy on the ground that he did not intend to defraud. The Judge told them to reconsider their verdict, and said, if they thought there was no intention at all to defraud, they ought to find him not guilty. The jury reconsidered their verdict, and found the prisoner guilty, but recommended him to mercy on various grounds, set out in writing; the first being that there was no intent to defraud, as the personer believed he would receive money from home in time to meet the bill; Held, That the recommendation to mercy did not qualify the verdict, and that the conviction was good. THIS was a Crown case reserved by Johnston, J. CASE. The prisoner, William Lamont Warne, was tried before me, at the last sitting of the Circuit Court of the Supreme Court at Wanganui, on Monday, the 26th April, 1875, upon an indictment charging him with forging an indorsement to a certain promissory note, and uttering the same, knowing it to be forged. The prisoner was found guilty, and strongly recommended to mercy by the jury, on the ground that they believed the prisoner expected to have money to meet the promissory note when due, and that they were of opinion he did not intend to defraud the prosecutor. I desired them to reconsider their verdict, and say whether they persisted in their recommendation to mercy, directing them that, if they thought he had no intention at all to defraud, they ought to find the prisoner "Not guilty." In half an hour the jury returned with the same verdict, and again May 17, 24. |