settled by judges without juries. 298 In 1777 an ordinance was passed in Quebec giving the Governor and Council power to correct all errors, both of law and of fact on civil appeals, the use of juries in the courts of original jurisdiction having been abolished. 299 Under this ordinance Chief Justice Peter Livius sought to introduce the practice of admitting new evidence upon appeal, but the majority of the judges refused to acquiesce in this innovation. 300 Richard Jackson, upholding the majority, was of the opinion that it was fitting that the council, however composed, should examine errors of law only, taking the facts as stated in the transcript transmitted by the court below. It was represented that great mischief often arose when parties were suffered to aid a defective case by new witnesses or by a re-examination of those previously examined, although it was admitted that a more perfect knowledge of the country might afford reasons for admitting fresh evidence. 301 Thereupon, Governor Haldimand was instructed by the crown to prohibit the council from entering into new evidence or from re-examining evidence previously taken. 302 But the instruction was not well received in the province. 303 We have discussed at such length the various elements entering into a definition of the Council's precise function when it reviewed a cause, not only because this has appeared essential for the understanding of much that would otherwise seem mere dull technicality, but also because the efforts of the Committee were the first real attempt of English officials to grapple with the error problem since the enactment of the Statute of Westminster 11. As has been indicated, the amorphous character of the Council and the lack of well formulated policies consistently carried out prevented the achievement of a real and clear-cut reform of old methods. Furthermore, the predominance of the notion that imperial interests were best served by using the common law as a standard to which the plantations should as far as feasible conform, operated to defeat any critical appraisal, let alone overhauling of outmoded particulars of the common law system. Against this predetermination even the admittedly broad equity powers of the Council were unavailing to produce new forms of review available in all cases. And even if there had been clear vision and singleness of purpose, the episode in New York was itself sufficient warning of ultimate frustration. 288 i Doc, R e l Const. Hist. Canada, 361. 301 CO 42/9/G 19- 299 2 ibid., 680. Cf. the wider powers in tie 302 2 Doc. i?e/. Const. Hist. Canada, 706. 1775 draft of the ordinance (2 ibid., 659). 303 2 »£»'