Livius’ appointment as Chief Justice apparently did not take effect till 1777, and he lost no time in making difficulties. Though paid better than his predecessor, he protested as to his emoluments and position; he claimed the powers which had been enjoyed by the Intendant under the old French régime, and both in his judicial capacity and as a member of the council, constituted himself an active opponent of the government. As Chief Justice, he espoused the cause of a Canadian who had been arrested and sent to prison for disloyalty by the Lieutenant-Governor Cramahé, and in the council, in April, 1778, he brought forward motions directed against what he held to be illegal and irregular proceedings on the part of the governor. The result of his attitude was that on the 1st of May, 1778, Carleton, before he left Canada, summarily, and without giving any reason, dismissed him from office. [Sidenote: Livius appeals to the King.] [Sidenote: Merits of the case.] Both Livius and Carleton went back to England, and in September Livius appealed to the King. His appeal was referred to the Lords Commissioners of Trade and Plantations, whose report on the case was in turn referred to the Lords of the Committee of Council for Plantation Affairs, and with their recommendation was brought before the King in Privy Council, Livius having in the course of the inquiry stated his case fully both in person and in writing, while Carleton declined to appear, and contented himself with referring to his dispatches and to the minutes of council. On technical grounds Livius had a strong case. Appointed by the King, he had been dismissed by the governor without any reason being assigned in the letter of dismissal. His conduct in a judicial capacity had not been specifically impugned, and the two motions directed against Carleton, which he had brought forward in the Legislative Council immediately prior to his dismissal, had, at any rate, some show of reason. The first was to the effect that the governor should communicate to the council the Royal Instructions which had been given him with respect to legislation, and which by those instructions he was to communicate so far as it was convenient for the King’s service. The second referred to a committee of five members of the council, which Carleton had constituted in August, 1776, a kind of Privy Council for the transaction of executive, as opposed to legislative business, in which Livius was not included. Livius contended, and his contention was upheld, that the instruction under which the governor had appointed this board or committee, did not contemplate the formation of a standing committee of particular members of council, but only authorized the transaction of executive business by any five councillors, if more were not available at the time. [Sidenote: The appeal upheld and Livius restored to office. His subsequent career.]