1863.] 209 [Dawson. 



(3.) The 31iIhtone grit scries, represented in Nova Scotia by 

 red and gray sandstone, shale, and conglomerate, with a 

 few fossil plants and thin coal seams, not productive. 



(4.) The Carboniferous limestone, with the associated sand- 

 stones, marls, gypsum, &c., and holding marine fossils, 

 recognized by all palaeontologists, who have examined them, 

 as Carboniferous. 



(5.) The Lower coal-measures holding some but not all of the 

 fossils of the Middle coal formation, and thin coals, not pro- 

 ductive; but differing both in flora and fauna from the 

 Upper Devonian,, which in New Brunswick they overlie 

 unconformably. 



The principal, though not the only point in which Mr. Lesley 

 differs from Logan, Lyell, Brown, and Dawson, is his entire omission 

 of No. 5 of the above series, and placing No. 3 of the above series 

 in its room, as the representatives of the Low'er coal-measures of Vir- 

 ginia and Pennsylvania. I have, I think, already made this suffi- 

 ciently plain, in the fifth of my objections, already published; but 

 may add here that fossils as well as stratigraphical position establish 

 the real equivalency of No. 5, and not No. 3, to the Lower coal for- 

 mation, as described by Lesquereux in America, and by Geoppert in 

 Europe; and that it seems strange that Mr. Lesley, while suggest- 

 ing minor and more dubious parallelisms, declines to admit this 

 identification, established by long and careful investigations of several 

 competent observers, and confirmed by the evidence of fossils. 



It is impossible now to enter into the evidence of the conclusions 

 which I have stated in reply to Mr. Lesley. This is, however, in 

 great part before the world, more especially in memoirs published in 

 the Proceedings of the Geological Society of London; and I have, 

 for several years, been engaged in making up for publication the 

 fossil plants collected from all the members of the Carboniferous sys- 

 tem of Nova Scotia. This I trust to be able to publish in the course 

 of this year or next, when I think the actual parallelism, as above 

 stated, will be more fully apparent than it can be made at present. 



Mr. Price then read a communication upon the subject of 

 trial by jury. 



The Constitution of the United States declares, " The right of trial 

 by jury shall be preserved;" and the Constitution of Pennsylvania, 



