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of Edinburgh, Session 1874 - 75 . 
that was immediately before the Court, leaving other cases to be 
determined at tbeir own time, and after fully hearing the argu- 
ments that were specially directed to discuss them ; and I am 
much inclined to think that it is better always to decide nothing 
but the actual question raised, or necessary to be decided, as no 
collateral point can in general receive the mature treatment and 
consideration that it deserves. His perfect command of temper, his 
great patience in listening, and his uniform courtesy on the bench 
earned for him the respect and gratitude of the whole bar, and 
added greatly to the weight and authority of his judgments. 
We should not fully do justice to Lord Colonsay’s merits if we 
did not notice and acknowledge the important benefits which the 
country has derived from his legislative exertions. At an early 
period, T believe, we may say that the great improvements made 
on criminal procedure in Scotland, by an Act in the ninth year of 
George IV., emanated from Lord Colonsay, though Sir William 
Eae was at that time Lord Advocate. The older forms of criminal 
process in Scotland, whatever may have been said to the contrary, 
were highly, and perhaps unduly, favourable to accused persons — 
in this respect, at least, that many formal objections to the designa- 
tion and citation of witnesses and otherwise could be kept back till 
after a jury was empanelled, and could then be brought forward so 
as to frustrate the proceedings, while at the same time the accused 
could not be tried again in consequence of having “ tholed an 
assize.” This state of things, of which no one could make a 
better use than Lord Colonsay when defending prisoners, was 
abolished; so that all formal objections must now be brought for- 
ward at once before empanelling a jury, and thus, even if they 
prove fatal, the accused can be tried again on a new indictment. 
When in Parliament as Lord Advocate, Lord Colonsay passed, 
or assisted in passing, many useful measures; but perhaps the 
most conspicuous of these is the Poor Law Amendment Act — a 
wise and beneficent measure, which has gone far to solve the 
great social difficulty of relieving pauperism without paralysing 
industry or oppressing ratepayers, many of whom must always be 
nearly as poor as the objects who obtain relief. 
In all matters of legal reform, Lord Colonsay’s services have 
always been at the command of bis country, and though unosten- 
