NO, I OPINIONS 68 TO ']'] 67 



From the foregoing it is clear that, nomenclatorially, Quoy and 

 Gaimard never proposed the genus Fritillaria, but that they used a 

 provisional French name " Fretillaire," for a genus, and that they 

 recognized this, prior to publication, as probably identical with 

 Oikopleiira Mertens, 1831. 



The genus Oiko pleura (see footnote 7) was pubUshed by Mertens 

 (1831a, 205-220) as a monotypic genus based upon 0. chamissonis, 

 which Mertens considered identical with Chamisso's Appendicularia 

 Hagellimi and which he therefore deliberately renamed. 



Agassiz (1842a, 4) quotes the Latin name " Fretillaria Quoy et 

 G. Zool. de I'Astr. Fretum, Beroid^e." Although he does not give 

 page reference to Quoy and Gaimard it seems legitimate to conclude 

 that he refers to Fretillaire 1833, p, 10, hence the type species of 

 Fretillaria 1842 is Oikopleura hifurcata 1833. 



Huxley (1851a, 595) refers to the genus " Fritillaria Quoy and 

 Gaimard," for which he accepts the name Oikopleura hifurcata. 

 Thus, Fritillaria 1851 equals Fretillaria 1842, with identical type 

 species. 



As shown above (footnote 6) Fol (1872a, 460) considered that 

 since Fritillaria 185 1 [Fretillaire 1833] was described in a manner 

 that he considered vague, he had a right to use it in any way he 

 desired, and he applied it to the species F. furcata (Vogt), and four 

 new species; and later Fol (1874a, xlix), reaffirming his right to 

 use, in any way he desires, names which he considers unrecognizable 

 in their original application, continues to use Fritillaria in the sense 

 he proposed in 1872. 



Accordingly, Fritillaria 18^2 should be construed as a new generic 

 name that is preoccupied by Fritillaria 1851. The name Fritillaria 

 1872 has found its way into certain text books, such as Leunis 

 (1883a), Glaus (1885a), etc. 



Apstein (1915a, 186) designates F. pellucida^ Busch, 1851, as 

 type of Fritillaria 1872. 



Bartsch (1915a, 146) proposes the name Fritillum (tod. Fritil- 

 laria megachile) as substitute for Fritillaria Fol, 1872. 



According to the premises presented by the Appellants : 



(i) Fritillaria Huxley, 1851, would become synonym of Oiko- 

 pleura Mertens, 1831 and (2) a new name would have to be given 

 to Fritillaria Fol, 1872, in case the Rules are applied. 



^' Fol (1872a, 476) gives Etirycercus pcllucidus Busch 1851, as synonym of 

 his first species F. furcata. 



