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 view is now generally held, a part of the auditory apparatus has been worked in as a complement to the swimbladder. All physiologists admit that the swimbladder is homologous, or "ideally similar," in position and structure with the lungs of the higher vertebrate animals: hence there seems to me to be no great difficulty in believing that natural selection has actually converted a swimbladder into a lung, or organ used exclusively for respiration.

I can, indeed, hardly doubt that all vertebrate animals having true lungs have descended by ordinary generation from an ancient prototype, of which we know nothing, furnished with a floating apparatus or swimbladder. We can thus, as I infer from Professor Owen's interesting description of these parts, understand the strange fact that every particle of food and drink which we swallow has to pass over the orifice of the trachea, with some risk of falling into the lungs, notwithstanding the beautiful contrivance by which the glottis is closed. In the higher Vertebrata the branchiæ have wholly disappeared—the slits on the sides of the neck and the loop-like course of the arteries still marking in the embryo their former position. But it is conceivable that the now utterly lost branchiæ might have been gradually worked in by natural selection for some quite distinct purpose: in the same manner as, on the view entertained by some naturalists that the branchiæ and dorsal scales of Annelids are homologous with the wings and wing-covers of insects, it is probable that organs which at a very ancient period served for respiration have been actually converted into organs of flight.

In considering transitions of organs, it is so important to bear in mind the probability of conversion from one function to another, that I will give one more instance. Pedunculated cirripedes have two minute folds of skin,


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192 called by me the ovigerous frena, which serve, through the means of a sticky secretion, to retain the eggs until they are hatched within the sack. These cirripedes have no branchiæ, the whole surface of the body and sack, including the small frena, serving for respiration. The Balanidæ or sessile cirripedes, on the other hand, have no ovigerous frena, the eggs lying loose at the bottom of the sack, in the well-enclosed shell; but they have large folded branchiæ. Now I think no one will dispute that the ovigerous frena in the one family are strictly homologous with the branchiæ of the other family; indeed, they graduate into each other. Therefore I do not doubt that little folds of skin, which originally served as ovigerous frena, but which, likewise, very slightly aided the act of respiration, have been gradually converted by natural selection into branchiæ, simply through an increase in their size and the obliteration of their adhesive glands. If all pedunculated cirripedes had become extinct, and they have already suffered far more extinction than have sessile cirripedes, who would ever have imagined that the branchiæ in this latter family had originally existed as organs for preventing the ova from being washed out of the sack?

Although we must be extremely cautious in concluding that any organ could not possibly have been produced by successive transitional gradations, yet, undoubtedly, grave cases of difficulty occur, some of which will be discussed in my future work.

One of the gravest is that of neuter insects, which are often very differently constructed from either the males or fertile females; but this case will be treated of in the next chapter. The electric organs of fishes offer another case of special difficulty; it is impossible to conceive by what steps these wondrous organs have been produced; but, as Owen and others have remarked,

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 their intimate structure closely resembles that of common muscle; and as it has lately been shown that Rays have an organ closely analogous to the electric apparatus, and yet do not, as Matteuchi asserts, discharge any electricity, we must own that we are far too ignorant to argue that no transition of any kind is possible.

The electric organs offer another and even more serious difficulty; for they occur in only about a dozen fishes, of which several are widely remote in their affinities. Generally when the same organ appears in several members of the same class, especially if in members having very different habits of life, we may attribute its presence to inheritance from a common ancestor; and its absence in some of the members to its loss through disuse or natural selection. But if the electric organs had been inherited from one ancient progenitor thus provided, we might have expected that all electric fishes would have been specially related to each other. Nor does geology at all lead to the belief that formerly most fishes had electric organs, which most of their modified descendants have lost. The presence of luminous organs in a few insects, belonging to different families and orders, offers a parallel case of difficulty. Other cases could be given; for instance in plants, the very curious contrivance of a mass of pollen-grains, borne on a foot-stalk with a sticky gland at the end, is the same in Orchis and Asclepias,—genera almost as remote as possible amongst flowering plants. In all these cases of two very distinct species furnished with apparently the same anomalous organ, it should be observed that, although the general appearance and function of the organ may be the same, yet some fundamental difference can generally be detected. I am inclined to believe that in nearly the same way as two men have sometimes independently hit on


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194 the very same invention, so natural selection, working for the good of each being and taking advantage of analogous variations, has sometimes modified in very nearly the same manner two parts in two organic beings, which owe but little of their structure in common to inheritance from the same ancestor.

Although in many cases it is most difficult to conjecture by what transitions an organ could have arrived at its present state; yet, considering that the proportion of living and known forms to the extinct and unknown is very small, I have been astonished how rarely an organ can be named, towards which no transitional grade is known to lead. The truth of this remark is indeed shown by that old canon in natural history of "Natura non facit saltum." We meet with this admission in the writings of almost every experienced naturalist; or, as Milne Edwards has well expressed it, nature is prodigal in variety, but niggard in innovation. Why, on the theory of Creation, should this be so? Why should all the parts and organs of many independent beings, each supposed to have been separately created for its proper place in nature, be so invariably linked together by graduated steps? Why should not Nature have taken a leap from structure to structure? On the theory of natural selection, we can clearly understand why she should not; for natural selection can act only by taking advantage of slight successive variations; she can never take a leap, but must advance by the shortest and slowest steps.

Organs of little apparent importance.—As natural selection acts by life and death,—by the preservation of individuals with any favourable variation, and by the destruction of those with any unfavourable deviation of structure,—I have sometimes felt much difficulty in


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 understanding the origin of simple parts, of which the importance does not seem sufficient to cause the preservation of successively varying individuals. I have sometimes felt as much difficulty, though of a very different kind, on this head, as in the case of an organ as perfect and complex as the eye.

In the first place, we are much too ignorant in regard to the whole economy of any one organic being, to say what slight modifications would be of importance or not. In a former chapter I have given instances of most trifling characters, such as the down on fruit and the colour of the flesh, which, from determining the attacks of insects or from being correlated with constitutional differences, might assuredly be acted on by natural selection. The tail of the giraffe looks like an artificially constructed fly-flapper; and it seems at first incredible that this could have been adapted for its present purpose by successive slight modifications, each better and better, for so trifling an object as driving away flies; yet we should pause before being too positive even in this case, for we know that the distribution and existence of cattle and other animals in South America absolutely depends on their power of resisting the attacks of insects: so that individuals which could by any means defend themselves from these small enemies, would be able to range into new pastures and thus gain a great advantage. It is not that the larger quadrupeds are actually destroyed (except in some rare cases) by the flies, but they are incessantly harassed and their strength reduced, so that they are more subject to disease, or not so well enabled in a coming dearth to search for food, or to escape from beasts of prey.

Organs now of trifling importance have probably in some cases been of high importance to an early progenitor, and, after having been slowly perfected at a


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 former period, have been transmitted in nearly the same state, although now become of very slight use; and any actually injurious deviations in their structure will always have been checked by natural selection. Seeing how important an organ of locomotion the tail is in most aquatic animals, its general presence and use for many purposes in so many land animals, which in their lungs or modified swimbladders betray their aquatic origin, may perhaps be thus accounted for. A well-developed tail having been formed in an aquatic animal, it might subsequently come to be worked in for all sorts of purposes, as a fly-flapper, an organ of prehension, or as an aid in turning, as with the dog, though the aid must be slight, for the hare, with hardly any tail, can double quickly enough.

In the second place, we may sometimes attribute importance to characters which are really of very little importance, and which have originated from quite secondary causes, independently of natural selection. We should remember that climate, food, &c., probably have some little direct influence on the organisation; that characters reappear from the law of reversion; that correlation of growth will have had a most important influence in modifying various structures; and finally, that sexual selection will often have largely modified the external characters of animals having a will, to give one male an advantage in fighting with another or in charming the females. Moreover when a modification of structure has primarily arisen from the above or other unknown causes, it may at first have been of no advantage to the species, but may subsequently have been taken advantage of by the descendants of the species under new conditions of life and with newly acquired habits.

To give a few instances to illustrate these latter


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 remarks. If green woodpeckers alone had existed, and we did not know that there were many black and pied kinds, I dare say that we should have thought that the green colour was a beautiful adaptation to hide this tree-frequenting bird from its enemies; and consequently that it was a character of importance and might have been acquired through natural selection; as it is, I have no doubt that the colour is due to some quite distinct cause, probably to sexual selection. A trailing bamboo in the Malay Archipelego climbs the loftiest trees by the aid of exquisitely constructed hooks clustered around the ends of the branches, and this contrivance, no doubt, is of the highest service to the plant; but as we see nearly similar hooks on many trees which are not climbers, the hooks on the bamboo may have arisen from unknown laws of growth, and have been subsequently taken advantage of by the plant undergoing further modification and becoming a climber. The naked skin on the head of a vulture is generally looked at as a direct adaptation for wallowing in putridity; and so it may be, or it may possibly be due to the direct action of putrid matter; but we should be very cautious in drawing any such inference, when we see that the skin on the head of the clean-feeding male turkey is likewise naked. The sutures in the skulls of young mammals have been advanced as a beautiful adaptation for aiding parturition, and no doubt they facilitate, or may be indispensable for this act; but as sutures occur in the skulls of young birds and reptiles, which have only to escape from a broken egg, we may infer that this structure has arisen from the laws of growth, and has been taken advantage of in the parturition of the higher animals.

We are profoundly ignorant of the causes producing slight and unimportant variations; and we are


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 made conscious of this by reflecting on the differences in the breeds of our domesticated animals in different countries,—more especially in the less civilized countries where there has been but little artificial selection. Careful observers are convinced that a damp climate affects the growth of the hair, and that with the hair the horns are correlated. Mountain breeds always differ from lowland breeds; and a mountainous country would probably affect the hind limbs from exercising them more, and possibly even the form of the pelvis; and then by the law of homologous variation, the front limbs and even the head would probably be affected. The shape, also, of the pelvis might affect by pressure the shape of the head of the young in the womb. The laborious breathing necessary in high regions would, we have some reason to believe, increase the size of the chest; and again correlation would come into play. Animals kept by savages in different countries often have to struggle for their own subsistence, and would be exposed to a certain extent to natural selection, and individuals with slightly different constitutions would succeed best under different climates; and there is reason to believe that constitution and colour are correlated. A good observer, also, states that in cattle susceptibility to the attacks of flies is correlated with colour, as is the liability to be poisoned by certain plants; so that colour would be thus subjected to the action of natural selection. But we are far too ignorant to speculate on the relative importance of the several known and unknown laws of variation; and I have here alluded to them only to show that, if we are unable to account for the characteristic differences of our domestic breeds, which nevertheless we generally admit to have arisen through ordinary generation, we ought not to lay too much stress on our


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 ignorance of the precise cause of the slight analogous differences between species. I might have adduced for this same purpose the differences between the races of man, which are so strongly marked; I may add that some little light can apparently be thrown on the origin of these differences, chiefly through sexual selection of a particular kind, but without here entering on copious details my reasoning would appear frivolous.

The foregoing remarks lead me to say a few words on the protest lately made by some naturalists, against the utilitarian doctrine that every detail of structure has been produced for the good of its possessor. They believe that very many structures have been created for beauty in the eyes of man, or for mere variety. This doctrine, if true, would be absolutely fatal to my theory. Yet I fully admit that many structures are of no direct use to their possessors. Physical conditions probably have had some little effect on structure, quite independently of any good thus gained. Correlation of growth has no doubt played a most important part, and a useful modification of one part will often have entailed on other parts diversified changes of no direct use. So again characters which formerly were useful, or which formerly had arisen from correlation of growth, or from other unknown cause, may reappear from the law of reversion, though now of no direct use. The effects of sexual selection, when displayed in beauty to charm the females, can be called useful only in rather a forced sense. But by far the most important consideration is that the chief part of the organisation of every being is simply due to inheritance; and consequently, though each being assuredly is well fitted for its place in nature, many structures now have no direct relation to the habits of life of each species. Thus, we can hardly believe that the webbed feet of the upland


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 goose or of the frigate-bird are of special use to these birds; we cannot believe that the same bones in the arm of the monkey, in the fore leg of the horse, in the wing of the bat, and in the flipper of the seal, are of special use to these animals. We may safely attribute these structures to inheritance. But to the progenitor of the upland goose and of the frigate-bird, webbed feet no doubt were as useful as they now are to the most aquatic of existing birds. So we may believe that the progenitor of the seal had not a flipper, but a foot with five toes fitted for walking or grasping; and we may further venture to believe that the several bones in the limbs of the monkey, horse, and bat, which have been inherited from a common progenitor, were formerly of more special use to that progenitor, or its progenitors, than they now are to these animals having such widely diversified habits. Therefore we may infer that these several bones might have been acquired through natural selection, subjected formerly, as now, to the several laws of inheritance, reversion, correlation of growth, &c. Hence every detail of structure in every living creature (making some little allowance for the direct action of physical conditions) may be viewed, either as having been of special use to some ancestral form, or as being now of special use to the descendants of this form—either directly, or indirectly through the complex laws of growth.

Natural selection cannot possibly produce any modification in any one species exclusively for the good of another species; though throughout nature one species incessantly takes advantage of, and profits by, the structure of another. But natural selection can and does often produce structures for the direct injury of other species, as we see in the fang of the adder, and in the ovipositor of the ichneumon, by which its eggs are


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 in the living bodies of other insects. If it could be proved that any part of the structure of any one species had been formed for the exclusive good of another species, it would annihilate my theory, for such could not have been produced through natural selection. Although many statements may be found in works on natural history to this effect, I cannot find even one which seems to me of any weight. It is admitted that the rattlesnake has a poison-fang for its own defence and for the destruction of its prey; but some authors suppose that at the same time this snake is furnished with a rattle for its own injury, namely, to warn its prey to escape. I would almost as soon believe that the cat curls the end of its tail when preparing to spring, in order to warn the doomed mouse. But I have not space here to enter on this and other such cases.

Natural selection will never produce in a being anything injurious to itself, for natural selection acts solely by and for the good of each. No organ will be formed, as Paley has remarked, for the purpose of causing pain or for doing an injury to its possessor. If a fair balance be struck between the good and evil caused by each part, each will be found on the whole advantageous. After the lapse of time, under changing conditions of life, if any part comes to be injurious, it will be modified; or if it be not so, the being will become extinct, as myriads have become extinct.

Natural selection tends only to make each organic being as perfect as, or slightly more perfect than, the other inhabitants of the same country with which it has to struggle for existence. And we see that this is the degree of perfection attained under nature. The endemic productions of New Zealand, for instance, are perfect one compared with another; but they are now rapidly yielding before the advancing legions of plants


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 and animals introduced from Europe. Natural selection will not produce absolute perfection, nor do we always meet, as far as we can judge, with this high standard under nature. The correction for the aberration of light is said, on high authority, not to be perfect even in that most perfect organ, the eye. If our reason leads us to admire with enthusiasm a multitude of inimitable contrivances in nature, this same reason tells us, though we may easily err on both sides, that some other contrivances are less perfect. Can we consider the sting of the wasp or of the bee as perfect, which, when used against many attacking animals, cannot be withdrawn, owing to the backward serratures, and so inevitably causes the death of the insect by tearing out its viscera?

If we look at the sting of the bee, as having originally existed in a remote progenitor as a boring and serrated instrument, like that in so many members of the same great order, and which has been modified but not perfected for its present purpose, with the poison originally adapted to cause galls subsequently intensified, we can perhaps understand how it is that the use of the sting should so often cause the insect's own death: for if on the whole the power of stinging be useful to the community, it will fulfil all the requirements of natural selection, though it may cause the death of some few members. If we admire the truly wonderful power of scent by which the males of many insects find their females, can we admire the production for this single purpose of thousands of drones, which are utterly useless to the community for any other end, and which are ultimately slaughtered by their industrious and sterile sisters? It may be difficult, but we ought to admire the savage instinctive hatred of the queen-bee, which urges her instantly to destroy the


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 young queens her daughters as soon as born, or to perish herself in the combat; for undoubtedly this is for the good of the community; and maternal love or maternal hatred, though the latter fortunately is most rare, is all the same to the inexorable principle of natural selection. If we admire the several ingenious contrivances, by which the flowers of the orchis and of many other plants are fertilised through insect agency, can we consider as equally perfect the elaboration by our fir-trees of dense clouds of pollen, in order that a few granules may be wafted by a chance breeze on to the ovules?

Summary of Chapter.—We have in this chapter discussed some of the difficulties and objections which may be urged against my theory. Many of them are very grave; but I think that in the discussion light has been thrown on several facts, which on the theory of independent acts of creation are utterly obscure. We have seen that species at any one period are not indefinitely variable, and are not linked together by a multitude of intermediate gradations, partly because the process of natural selection will always be very slow, and will act, at any one time, only on a very few forms; and partly because the very process of natural selection almost implies the continual supplanting and extinction of preceding and intermediate gradations. Closely allied species, now living on a continuous area, must often have been formed when the area was not continuous, and when the conditions of life did not insensibly graduate away from one part to another. When two varieties are formed in two districts of a continuous area, an intermediate variety will often be formed, fitted for an intermediate zone; but from reasons assigned, the intermediate variety will usually exist in lesser numbers than


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 the two forms which it connects; consequently the two latter, during the course of further modification, from existing in greater numbers, will have a great advantage over the less numerous intermediate variety, and will thus generally succeed in supplanting and exterminating it.

We have seen in this chapter how cautious we should be in concluding that the most different habits of life could not graduate into each other; that a bat, for instance, could not have been formed by natural selection from an animal which at first could only glide through the air.

We have seen that a species may under new conditions of life change its habits, or have diversified habits, with some habits very unlike those of its nearest congeners. Hence we can understand, bearing in mind that each organic being is trying to live wherever it can live, how it has arisen that there are upland geese with webbed feet, ground woodpeckers, diving thrushes, and petrels with the habits of auks.

Although the belief that an organ so perfect as the eye could have been formed by natural selection, is more than enough to stagger any one; yet in the case of any organ, if we know of a long series of gradations in complexity, each good for its possessor, then, under changing conditions of life, there is no logical impossibility in the acquirement of any conceivable degree of perfection through natural selection. In the cases in which we know of no intermediate or transitional states, we should be very cautious in concluding that none could have existed, for the homologies of many organs and their intermediate states show that wonderful metamorphoses in function are at least possible. For instance, a swim-bladder has apparently been converted into an air-breathing lung. The same organ having performed


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 simultaneously very different functions, and then having been specialised for one function; and two very distinct organs having performed at the same time the same function, the one having been perfected whilst aided by the other, must often have largely facilitated transitions.

We are far too ignorant, in almost every case, to be enabled to assert that any part or organ is so unimportant for the welfare of a species, that modifications in its structure could not have been slowly accumulated by means of natural selection. But we may confidently believe that many modifications, wholly due to the laws of growth, and at first in no way advantageous to a species, have been subsequently taken advantage of by the still further modified descendants of this species. We may, also, believe that a part formerly of high importance has often been retained (as the tail of an aquatic animal by its terrestrial descendants), though it has become of such small importance that it could not, in its present state, have been acquired by natural selection,—a power which acts solely by the preservation of profitable variations in the struggle for life.

Natural selection will produce nothing in one species for the exclusive good or injury of another; though it may well produce parts, organs, and excretions highly useful or even indispensable, or highly injurious to another species, but in all cases at the same time useful to the owner. Natural selection in each well-stocked country, must act chiefly through the competition of the inhabitants one with another, and consequently will produce perfection, or strength in the battle for life, only according to the standard of that country. Hence the inhabitants of one country, generally the smaller one, will often yield, as we see they do yield, to the inhabitants of another and generally larger country. For in


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206 the larger country there will have existed more individuals, and more diversified forms, and the competition will have been severer, and thus the standard of perfection will have been rendered higher. Natural selection will not necessarily produce absolute perfection; nor, as far as we can judge by our limited faculties, can absolute perfection be everywhere found.

On the theory of natural selection we can clearly understand the full meaning of that old canon in natural history, "Natura non facit saltum." This canon, if we look only to the present inhabitants of the world, is not strictly correct, but if we include all those of past times, it must by my theory be strictly true.

It is generally acknowledged that all organic beings have been formed on two great laws—Unity of Type, and the Conditions of Existence. By unity of type is meant that fundamental agreement in structure, which we see in organic beings of the same class, and which is quite independent of their habits of life. On my theory, unity of type is explained by unity of descent. The expression of conditions of existence, so often insisted on by the illustrious Cuvier, is fully embraced by the principle of natural selection. For natural selection acts by either now adapting the varying parts of each being to its organic and inorganic conditions of life; or by having adapted them during long-past periods of time: the adaptations being aided in some cases by use and disuse, being slightly affected by the direct action of the external conditions of life, and being in all cases subjected to the several laws of growth. Hence, in fact, the law of the Conditions of Existence is the higher law; as it includes, through the inheritance of former adaptations, that of Unity of Type.


text: The Perth Gazette and Western Australian Journal/Volume 1/Number 3


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DPR Korea Trademark Act

 * As amended by Act N°1135 by the Presidium of the Supreme Assembly, 2 Aug. Juche 94 (2005).

=Chapter 1. Fundamentals of the Trademark Act = The Democratic People’s Republic of Korea (hereinafter referred to as the DPRK) Trademark Act aims to protect the interests of institutions, enterprises, organizations and citizens by establishing a strict system and order in the application for registration and the examination of a trademark and the protection of trademark rights.
 * Article 1

A trademark is a mark that highlights the identity of a commodity for the purpose of distinguishing it from the equivalent commodity of another producer. A trademark includes a character trademark, a design trademark, a symbol trademark, an engraved trademark, a service sign, etc.
 * Article 2

Application for registration of a trademark is the first step in the trademark administration. The state shall establish proper application procedures for registration of a trademark and ensure its accurate observance.
 * Article 3

It is the basic duty of the trademark registration organ to responsibly examine the application for registration of a trademark. The state shall enhance the responsibility and role of the trademark registration organ to ensure objectivity and impartiality in the examination of trademarks.
 * Article 4

To protect the trademark right is the consistent policy of the DPRK. The state shall protect by law the trademark rights possessed by institutions, enterprises, organizations and citizens.
 * Article 5

The state shall ensure that trademarks are administered in a more modern and scientific way in keeping with the development of the national economy and the growth of commodity production.
 * Article 6

The state shall develop exchange and cooperation with international organizations and other countries in the field of trademark.
 * Article 7

=Chapter 2. Application for trademark registration=

Proper application for trademark registration is an important condition for improving the examination of trademarks. The institutions, enterprises, organizations and citizens that wish to apply for the registration of a trademark shall draw up a written application and submit it to the trademark registration organ.
 * Article 8

The written application for trademark registration shall correctly contain the applicant’s name, address, commodity or service category, etc., accompanied by the trademark sample and the notarial document of the business license.
 * Article 9

The written application for trademark registration shall be submitted directly or by post to the trademark registration organ by the relevant institution, enterprise, organization or a citizen. In unavoidable circumstances, the written application for trademark registration may be sent by means of telecommunication such as telex or fax.
 * Article 10

Foreign institutions, enterprises, organizations and citizens wishing to have their trademark registered in the DPRK shall submit a written application in Korean to the trademark registration organ through an agency. In this case, the agency should submit a letter of attorney.
 * Article 11

The institutions, enterprises, organizations and citizens may have the trademark that has been registered with the trademark registration organ registered in a foreign country through the relevant international organization or an agency concerned. In this case, the approval of the trademark registration organ shall be obtained.
 * Article 12

The trademark registration organ shall inform the institutions, enterprises, organizations and citizens of its receipt of their application.
 * Article 13

In case any mistake is found in the application, the trademark registration organ shall send back or have it corrected within 3 months of the acceptance of the written application. If the mistake is not corrected within 3 months for an unavoidable reason, the term may be prolonged for another 2 months.
 * Article 14

The date of application for trademark registration shall be the date of reception by the trademark registration organ of the written application for trademark registration. Even when a mistake in the written application for trademark registration has been corrected, the date of application shall be the date when the trademark registration organ first received the written application.
 * Article 15

The institutions, enterprises, organizations and citizens shall have a priority in the application for trademark registration when the trademark is exhibited at an exhibition or a show. The documents requiring priority shall be submitted to the trademark registration organ within 3 months from the date when the trademark was exhibited at an exhibition or a show.
 * Article 16

The priority of application for trademark registration given by other countries to their institutions, enterprises, organizations and citizens shall be effective if the relevant document is submitted to the trademark registration organ of the DPRK within 6 months of its reception.
 * Article 17

As for the trademark the registration of which has been rejected or the term of protection has expired, the application for registration may be submitted one year after the date of the rejection or the expiration.
 * Article 18

=Chapter 3. Deliberations on trademark for registration= Deliberations of a trademark to be registered is an important work to examine and deal with the written applications for trademark registration. The trademark registration organ shall examine the written applications for trademark registration within 6 months of their reception.
 * Article 19

The trademark registration organ may demand the institutions, enterprises, organizations and citizens that have applied for trademark registration to provide the data necessary for the deliberations of the trademark to be registered. The institutions, enterprises, organizations and citizens that have applied for trademark registration shall provide the trademark registration organ with the data in time.
 * Article 20

The following marks and signs shall not be registered as a trademark; The trademark registration organ shall deliberate on the trademarks applied for registration and decide either on approval or rejection. The result of deliberations shall be notified to the institutions, enterprises, organizations and citizens that have applied for trademark registration.
 * Article 21
 * 1) The marks identical with or similar to the trademark that has been registered;
 * 2) The marks made of a country name or its abbreviation, or of the form identical or similar to a national emblem, flag, order or medal;
 * 3) The marks contrary to the laws, public morals, manners and customs of the DPRK;
 * 4) The marks that misrepresent the commodity or a service;
 * 5) The signs that are no more than the inscription of the commodity name, composition, characteristics and the like;
 * 6) The inspection marks or the simple numerical or geometric signs;
 * 7) The marks identical with or similar to the trademark that has been exhibited at exhibitions and shows;
 * 8) The marks made of the mark of the international organization which the DPRK has acceded to or the marks running counter to international law and international custom;
 * 9) The marks identical with or similar to a widely known or famous trademark.
 * Article 22

The trademark that has been decided to be registered shall be listed in the state trademark register and the trademark registration certificate shall be issued to the relevant institution, enterprise, organization or citizens. In case a trademark registration certificate is lost or soiled it shall be procured again. The registered trademarks shall be made public through the “Official Bulletin of Trademarks”.
 * Article 23

The institutions, enterprises, organizations and citizens may, if any, lodge grievances with the trademark registration organ within 6 months from the date when the registration was made public. The trademark registration organ shall consider the grievances and notify, in writing, the result to the relevant institution, enterprise, organization or a citizen.
 * Article 24

The institutions, enterprises, organizations and citizens whose application for trademark registration has been rejected may request for reconsideration within 6 months of the notification of the rejection. The trademark registration organ shall consider the request and notify the relevant institution, enterprise, organization or citizen of the result. The reconsidered decision shall be confirmed if no other opinion is raised within 2 months from the date of its announcement.
 * Article 25

The institutions, enterprises, organizations or citizens that are not satisfied with the reconsidered decision may petition to the State Trademark Deliberation Committee within 2 months of notification of the result of reconsideration. The State Trademark Deliberation Committee shall consider the petition and notify the result to the trademark registration organ and the relevant institution, enterprise, organization or a citizen.
 * Article 26

=Chapter 4. Protection of trademark rights= The protection of trademark rights is an important part of the trademark administration. The trademark registration organ and the relevant institution shall thoroughly protect and not infringe upon the interests of the institutions, enterprises, organizations and citizens that hold trademark rights.
 * Article 27

The trademark rights shall be held by the institutions, enterprises, organizations or citizens that have a trademark registered with the trademark registration organ. The rights to a trademark that has been registered under a joint name shall be held jointly.
 * Article 28

The trademark right holder shall have the following rights; The institutions, enterprises, organizations and citizens wishing to take over a trademark rights shall draft a document of transfer and submit it to the trademark registration organ. In this case approval shall be obtained from the transferor. The transferred trademark rights shall be effective from the date when the transfer is registered with the trademark registration organ.
 * Article 29
 * 1) The right to use the registered trademark;
 * 2) The right to transfer or permit the use of the whole or a part of the registered trademark;
 * 3) The right to stop any infringement upon the trademark rights and to claim indemnity;
 * 4) The right to withdraw the registration of a trademark.
 * Article 30

The institutions, enterprises, organizations and citizens that hold the trademark rights may permit other institutions, enterprises, organizations and citizens to use the registered trademark. In this case they should conclude a contract to permit the use of a trademark and submit the required document to the trademark registration organ.
 * Article 31

The quality of the commodity or service whose use has been permitted shall be the responsibility of the institution, enterprise, organization or citizen using the trademark. The institutions, enterprises, organizations and citizens that hold a trademark right may be entitled to control the quality of the commodity or the service in question.
 * Article 32

The trademark rights may not be transferred to nor be permitted to be used by the institutions, enterprises, organizations or citizens that have no relevant qualifications.
 * Article 33

The term of protection of trademark rights shall be 10 years from the date of application for trademark registration. Upon application of the institutions, enterprises, organization or citizens that hold the trademark right, the term of protection may be prolonged 10 years each time.
 * Article 34

The institutions, enterprises, organizations or citizens shall file a written application with the trademark registration organ if they wish to prolong the term of trademark right protection.
 * Article 35

The written application for the extension of the term of trademark right protection shall be filed within 6 months before the expiry of the term. In an unavoidable situation, the written application for extending the term of trademark right protection may be filed within 6 months after the expiry.
 * Article 36

The institutions, enterprises, organizations and citizens that hold trademark right shall file a written application with the trademark registration organ for changing trademark registration in respect of any change of the name, address and others. The trademark registration organ shall register the particulars of change in the State Trademark Register.
 * Article 37

The institutions, enterprises, organizations and citizens that wish to withdraw their trademark right shall file a written application with the trademark registration organ. In this case, their trademark registration certificate shall also be surrendered.
 * Article 38

If trademark registration is withdrawn or a trademark is not used for 5 years from the date of registration, the trademark right shall lose effect.
 * Article 39

=Chapter 5. Guidance and control of trademark administration= To strengthen guidance to and control of trademark administration is an essential requirement for the improvement of the qualities of commodities and the protection of the trademark rights. The State shall strengthen the guidance to and control of trademark administration.
 * Article 40

The guidance to trademark administration shall be exercised by the state trademark guidance organ under the unified guidance of the Cabinet. The state trademark guidance organ shall settle opinions and disputes related with the guidance to trademark administration, consideration and registration of trademarks through the State Trademark Deliberation Committee.
 * Article 41

The trademark registration organ shall see to it that trademarks are designed good to see, handy to use and proper to the characteristics of the commodity and the taste of the user. It shall also regularly make public the records of application for registration, registration and its alteration, renewal, transfer, permission of use, withdrawal, etc.
 * Article 42

The trademark registration organ, the relevant scientific research institutes and educational institutions shall conduct in a far- sighted way the work for laying strong material and technical foundations of the trademark registration organ and train systematically the personnel needed for consideration and registration of trademarks.
 * Article 43

The institutions, enterprises, organizations and citizens shall not make, publish, print, sell or buy illegal trademarks nor sell, export or import the commodities with false or sham trademarks, or without trademarks.
 * Article 44

The relevant institutions, enterprises, organizations and citizens shall pay fees related to trademarks. The fees shall be set by the price assessment organ.
 * Article 45

Trademark administration work shall be supervised and controlled by the trademark registration organ and the relevant supervisory and control organs. The trademark registration organ and the relevant supervisory and control organs shall strictly supervise and control the institutions, enterprises, organizations and citizens so that they strictly follow the procedures of applying for trademark registration and deliberations and not infringe upon trademark rights.
 * Article 46

In case the interests under trademark rights of institutions, enterprises, organizations and citizens are infringed upon, the relevant damages shall be compensated for and the trademarks and commodities used for illegal acts confiscated or business activities suspended.
 * Article 47

In case a trademark rights is illegally transferred or permitted for use, or a registered trademark is used in a changed form, the production or service of the commodity concerned may be suspended or the registration of the trademark cancelled.
 * Article 48

The officials of the institutions, enterprises and organizations as well as individual citizens that have violated this law and caused grave consequences to the trademark administration shall be subject to an administrative or a penal responsibility depending on the gravity.
 * Article 49

Any dispute concerning the trademarks shall be settled through consultation. In case of failure in consultation it shall be referred to the trademark registration organ or the State Trademark Deliberation Committee for settlement. In case no settlement is reached by the trademark registration organ or the State Trademark Deliberation Committee, the dispute shall be submitted to a court or an arbitration organ for settlement.
 * Article 50

Loi sur les marques de la RDP de Corée 조선민주주의인민공화국 상표법

title: DPR Korea Trademark Act


text: Talk:DPR Korea Trademark Act

title: Talk:DPR Korea Trademark Act


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Page:Henry VIII and the English Monasteries.djvu/58

 Cardinal Wolsey and the Monasteries , during some fourteen years of the reign of Henry VIII., was ruled by the counsels of Wolsey. On the king's accession, in 1509, the future lord cardinal of York had already made his way to the dignity of dean of Lincoln. Six years later pope Leo X. yielded to the earnest demands of the English king and the polite but persistent pressure of Wolsey's agents in Rome, and created him cardinal. He had already become archbishop of York, and had gained an ever-increasing influence over the mind of his royal master. On December 24, 1515, one year later, he took the oaths of office as chancellor of England, in succession to the saintly and venerable Warham. He then appeared to have reached the summit of a subject's lawful ambition.

As the highest judicial officer of the realm—the "keeper of the king's conscience"—Wolsey's power in matters temporal was then practically unlimited.

"He is in very great repute," writes a foreign ambassador in England, "seven times more so than if he were pope. He is the person who rules both the king and the entire kingdom. On my (the ambassador's) first arrival in England he used to say, 'His Majesty will do so and so.' Subsequently, by degrees, he went on forgetting himself, and commenced saying, 'We shall do so and so.' At present he has reached such a pitch that he says, 'I shall do so and so.'"

In addition to this almost regal authority in temporal matters, the cardinal desired great and exceptional powers in ecclesiastical concerns. For a while his appointment to a place in the august College of Cardinals seemed doubtful. He consequently directed the English agent in Rome to hint that the pope's hesitation was damaging to papal influence over Henry, and that refusal would be really


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 Rh current saying in the British Navy. R.N.'s letter published in the Literary Supplement of Oct. 2nd, carries it back to before 1871. The theory advanced in Folk-lore, xxv. pp. 122-125, that the story of the sailor and his oar is confined to ancient and modern Greece is thereby invalidated. Clearly it becomes of some interest both to trace the prevalence of the saying as far back as possible in the British Navy and also to discover whether the saying or the story may not occur in the folk-lore of other sea-faring folk. I should be extremely grateful for any information which any member of the Society may be able to give whether privately or in print. Either corroborative evidence of the prevalence of the saying in the British Navy or evidence of the existence of story or saying among any people beside the Modern Greeks would be most welcome. .

writes to me from near Charing in Kent: "On my wife mentioning that we were going to plant some lavender in the garden, a message was sent from an old woman to warn us that it must be planted by the man of the house. Why?" I cannot answer the question. Perhaps some reader of Folk-lore may be able to do so. In the same letter my friend mentions that he had received "a letter from a friend to say that they had been over to see the tombs of some ancestors in Little Chart Church (near here), adding, 'It contains some good monuments, also two curious helmets, or rather simulacra of helmets, as they are larger than life size, which were carried in front of the corpse on funeral occasions.' This sounds to me like our Roman friends' imagines?" Perhaps readers of Folk-lore may be able to supply English parallels.

. [The only parallel, if it be one, to the belief about planting lavender, which I have been able to find is the following: "That

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The New York Times/1905/01/24/Dangerous Operation on Thomas A. Edison

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Special to The New York Times.

ORANGE, Tuesday, Jan. 24. - A serious operation was performed on Thomas A. Edison, the investor, at his home, Glenmont, in Llewellyn Park, a suburb of West Orange, last last night, and at 1:30 o'clock this morning he had not recovered from the effects of the anaesthetic.

The operation was for a mastoid abscess behind the left ear and very close to the brain. The doctors began work shortly before 11 o'clock and finished at midnight. The operating surgeon was Dr. Arthur B. Duel of 254 Madison Avenue, Manhattan, assisted by Dr. Edward B. Bench of 17 West Forty-fifth Street, an assistant, who administered the anaesthetic. Dr. John Hammond Bradshaw of Orange, the Edison family physician, was also present.

Mr. Edison, as has been generally known, has been deaf for many years. He was taken ill about a year ago, suffering great pain, but was still able to be about. An operation was broached several days ago, but there was strong hope until yesterday that it might be avoided.

It developed yesterday, however, that, while Mr. Edison was better in many particulars, the growth was not yielding to treatment, and the conclusion was reached that the operation would have to be performed at once.

Mr. Edison was told, and immediately preparations were made. Dr. Duel arrived in Orange after dinner with his assistant. Mr. Edison seemed perfectly composed though fully realizing the seriousness of the matter.

At 1:40 o'clock this morning it was said that Mr. Edison's general condition was good and that there was no immediate danger. The operation was pronounced a success, and it was said that it had been performed just in time to save much more serious trouble. Dr. Bradshaw made the following statement:

"It was decided this afternoon that it was best to operate before Mr. Edison's life was placed in jeopardy and to prevent blood poisoning. The indications thus far are favorable.  Mr. Edison has rallied well and there are no untoward symptoms at the present time.  His life is not now considered in danger."

Dr. Duel, it was said, would remain at the patient's bedside all night.

The annual ball of the employes of the Edison works at West Orange, numbering about 2,000, was held here to-night, under the auspices of the factory fire department. Many of the higher officials of the company attended, all being ignorant of the fact that their chief was under the surgeon's knife. Mr. Edison is fifty-seven years old.


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Page:Origin of Species 1859 facsimile.djvu/219

Rh

subject of instinct might have been worked into the previous chapters; but I have thought that it would be more convenient to treat the subject separately, especially as so wonderful an instinct as that of the hive-bee making its cells will probably have occurred to many readers, as a difficulty sufficient to overthrow my whole theory. I must premise, that I have nothing to do with the origin of the primary mental powers, any more than I have with that of life itself. We are concerned only with the diversities of instinct and of the other mental qualities of animals within the same class.

I will not attempt any definition of instinct. It would be easy to show that several distinct mental actions are commonly embraced by this term; but every one understands what is meant, when it is said that instinct impels the cuckoo to migrate and to lay her eggs in other birds' nests. An action, which we ourselves should require experience to enable us to perform, when performed by an animal, more especially by a very young one, without any experience, and when performed by many individuals in the same way, without their knowing for what purpose it is performed, is usually said to be instinctive.


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128 Dowsing.— A divining-rod should be of witch-hazel, but the wood of any tree whose fruit has a pip will do. It should be held, very firmly, by an only son, and for choice by the only son of an only son. It is of the usual Y-shape, and when it begins to turn, the distance from that spot to the point at which the lower stroke of the Y turns straight down should be measured, as this indicates the depth at which the water lies. Water so found will never dry up. This is a living belief.

Folk-medicine.—The following beliefs were met with among his patients by a practising physician in Napanee, Ont.:

Night sweats.—To prevent, put a pail of water under the bed.

Pleurisy.—Use a poultice of cow-dung.

Earache.—Put a drop of the patient's urine in the ear.

Christmas Eve.—At midnight all the beasts in the stable rise to their feet and look to the east for the Star of Bethlehem.

At the same hour the horses have human speech for a few minutes. The usual story is, or was, told about one "Pat," who hid in the stable to hear what the beasts thought of him, and heard them foretell his own death. The explanation is given, however, that it was a practical joke played by two men who had hidden in the manger.

These two beliefs my informant had many years ago from his mother.

It is lucky for the boys of a family to resemble their mother and the girls their father.

If a nursing woman conceives, her suckling will die. (Cf. Pliny, N.H. xxviii. 125, concipere nutrices exitiosum est. This appears to me not so much a piece of genuine folk-lore as an inheritance from the older medical ideas. It has some foundation in fact, as the food-value of the breast-milk would be lowered in such a case.)

Toronto and the neighbourhood.—About fifty years ago a horse-chestnut in each trouser-pocket was considered a good cure for rheumatism and lumbago; this was explained by its "electrical" properties.

Weather.—If the moon at the beginning of a quarter is high and to the north, the quarter will be cold; if low and to the south, it will not. (Cf. vol. xxiv. p. 220.)


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 But I could show that none of these characters of instinct are universal. A little dose, as Pierre Huber expresses it, of judgment or reason, often comes into play, even in animals very low in the scale of nature.

Frederick Cuvier and several of the older metaphysicians have compared instinct with habit. This comparison gives, I think, a remarkably accurate notion of the frame of mind under which an instinctive action is performed, but not of its origin. How unconsciously many habitual actions are performed, indeed not rarely in direct opposition to our conscious will! yet they may be modified by the will or reason. Habits easily become associated with other habits, and with certain periods of time and states of the body. When once acquired, they often remain constant throughout life. Several other points of resemblance between instincts and habits could be pointed out. As in repeating a well-known song, so in instincts, one action follows another by a sort of rhythm; if a person be interrupted in a song, or in repeating anything by rote, he is generally forced to go back to recover the habitual train of thought: so P. Huber found it was with a caterpillar, which makes a very complicated hammock; for if he took a caterpillar which had completed its hammock up to, say, the sixth stage of construction, and put it into a hammock completed up only to the third stage, the caterpillar simply re-performed the fourth, fifth, and sixth stages of construction. If, however, a caterpillar were taken out of a hammock made up, for instance, to the third stage, and were put into one finished up to the sixth stage, so that much of its work was already done for it, far from feeling the benefit of this, it was much embarrassed, and, in order to complete its hammock, seemed forced to start from the third stage, where it had left off, and thus tried to complete the already finished work.


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 If we suppose any habitual action to become inherited—and I think it can be shown that this does sometimes happen—then the resemblance between what originally was a habit and an instinct becomes so close as not to be distinguished. If Mozart, instead of playing the pianoforte at three years old with wonderfully little practice, had played a tune with no practice at all, he might truly be said to have done so instinctively. But it would be the most serious error to suppose that the greater number of instincts have been acquired by habit in one generation, and then transmitted by inheritance to succeeding generations. It can be clearly shown that the most wonderful instincts with which we are acquainted, namely, those of the hive-bee and of many ants, could not possibly have been thus acquired.

It will be universally admitted that instincts are as important as corporeal structure for the welfare of each species, under its present conditions of life. Under changed conditions of life, it is at least possible that slight modifications of instinct might be profitable to a species; and if it can be shown that instincts do vary ever so little, then I can see no difficulty in natural selection preserving and continually accumulating variations of instinct to any extent that may be profitable. It is thus, as I believe, that all the most complex and wonderful instincts have originated. As modifications of corporeal structure arise from, and are increased by, use or habit, and are diminished or lost by disuse, so I do not doubt it has been with instincts. But I believe that the effects of habit are of quite subordinate importance to the effects of the natural selection of what may be called accidental variations of instincts;—that is of variations produced by the same unknown causes which produce slight deviations of bodily structure.

No complex instinct can possibly be produced through


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 natural selection, except by the slow and gradual accumulation of numerous, slight, yet profitable, variations. Hence, as in the case of corporeal structures, we ought to find in nature, not the actual transitional gradations by which each complex instinct has been acquired—for these could be found only in the lineal ancestors of each species—but we ought to find in the collateral lines of descent some evidence of such gradations; or we ought at least to be able to show that gradations of some kind are possible; and this we certainly can do. I have been surprised to find, making allowance for the instincts of animals having been but little observed except in Europe and North America, and for no instinct being known amongst extinct species, how very generally gradations, leading to the most complex instincts, can be discovered. The canon of "Natura non facit saltum" applies with almost equal force to instincts as to bodily organs. Changes of instinct may sometimes be facilitated by the same species having different instincts at different periods of life, or at different seasons of the year, or when placed under different circumstances, &c.; in which case either one or the other instinct might be preserved by natural selection. And such instances of diversity of instinct in the same species can be shown to occur in nature.

Again as in the case of corporeal structure, and conformably with my theory, the instinct of each species is good for itself, but has never, as far as we can judge, been produced for the exclusive good of others. One of the strongest instances of an animal apparently performing an action for the sole good of another, with which I am acquainted, is that of aphides voluntarily yielding their sweet excretion to ants: that they do so voluntarily, the following facts show. I removed all the ants from a group of about a dozen aphides on a


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 and prevented their attendance during several hours. After this interval, I felt sure that the aphides would want to excrete. I watched them for some time through a lens, but not one excreted; I then tickled and stroked them with a hair in the same manner, as well as I could, as the ants do with their antennæ; but not one excreted. Afterwards I allowed an ant to visit them, and it immediately seemed, by its eager way of running about, to be well aware what a rich flock it had discovered; it then began to play with its antennæ on the abdomen first of one aphis and then of another; and each aphis, as soon as it felt the antennæ, immediately lifted up its abdomen and excreted a limpid drop of sweet juice, which was eagerly devoured by the ant. Even the quite young aphides behaved in this manner, showing that the action was instinctive, and not the result of experience. But as the excretion is extremely viscid, it is probably a convenience to the aphides to have it removed; and therefore probably the aphides do not instinctively excrete for the sole good of the ants. Although I do not believe that any animal in the world performs an action for the exclusive good of another of a distinct species, yet each species tries to take advantage of the instincts of others, as each takes advantage of the weaker bodily structure of others. So again, in some few cases, certain instincts cannot be considered as absolutely perfect; but as details on this and other such points are not indispensable, they may be here passed over.

As some degree of variation in instincts under a state of nature, and the inheritance of such variations, are indispensable for the action of natural selection, as many instances as possible ought to have been here given; but want of space prevents me. I can only assert, that instincts certainly do vary—for instance,


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 the migratory instinct, both in extent and direction, and in its total loss. So it is with the nests of birds, which vary partly in dependence on the situations chosen, and on the nature and temperature of the country inhabited, but often from causes wholly unknown to us: Audubon has given several remarkable cases of differences in nests of the same species in the northern and southern United States. Fear of any particular enemy is certainly an instinctive quality, as may be seen in nestling birds, though it is strengthened by experience, and by the sight of fear of the same enemy in other animals. But fear of man is slowly acquired, as I have elsewhere shown, by various animals inhabiting desert islands; and we may see an instance of this, even in England, in the greater wildness of all our large birds than of our small birds; for the large birds have been most persecuted by man. We may safely attribute the greater wildness of our large birds to this cause; for in uninhabited islands large birds are not more fearful than small; and the magpie, so wary in England, is tame in Norway, as is the hooded crow in Egypt.

That the general disposition of individuals of the same species, born in a state of nature, is extremely diversified, can be shown by a multitude of facts. Several cases also, could be given, of occasional and strange habits in certain species, which might, if advantageous to the species, give rise, through natural selection, to quite new instincts. But I am well aware that these general statements, without facts given in detail, can produce but a feeble effect on the reader's mind. I can only repeat my assurance, that I do not speak without good evidence.

The possibility, or even probability, of inherited variations of instinct in a state of nature will be strengthened by briefly considering a few cases under


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 domestication. We shall thus also be enabled to see the respective parts which habit and the selection of so-called accidental variations have played in modifying the mental qualities of our domestic animals. A number of curious and authentic instances could be given of the inheritance of all shades of disposition and tastes, and likewise of the oddest tricks, associated with certain frames of mind or periods of time. But let us look to the familiar case of the several breeds of dogs: it cannot be doubted that young pointers (I have myself seen a striking instance) will sometimes point and even back other dogs the very first time that they are taken out; retrieving is certainly in some degree inherited by retrievers; and a tendency to run round, instead of at, a flock of sheep, by shepherd-dogs. I cannot see that these actions, performed without experience by the young, and in nearly the same manner by each individual, performed with eager delight by each breed, and without the end being known,—for the young pointer can no more know that he points to aid his master, than the white butterfly knows why she lays her eggs on the leaf of the cabbage,—I cannot see that these actions differ essentially from true instincts. If we were to see one kind of wolf, when young and without any training, as soon as it scented its prey, stand motionless like a statue, and then slowly crawl forward with a peculiar gait; and another kind of wolf rushing round, instead of at, a herd of deer, and driving them to a distant point, we should assuredly call these actions instinctive. Domestic instincts, as they may be called, are certainly far less fixed or invariable than natural instincts; but they have been acted on by far less rigorous selection, and have been transmitted for an incomparably shorter period, under less fixed conditions of life.

How strongly these domestic instincts, habits, and


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 are inherited, and how curiously they become mingled, is well shown when different breeds of dogs are crossed. Thus it is known that a cross with a bull-dog has affected for many generations the courage and obstinacy of greyhounds; and a cross with a greyhound has given to a whole family of shepherd-dogs a tendency to hunt hares. These domestic instincts, when thus tested by crossing, resemble natural instincts, which in a like manner become curiously blended together, and for a long period exhibit traces of the instincts of either parent: for example, Le Roy describes a dog, whose great-grandfather was a wolf, and this dog showed a trace of its wild parentage only in one way, by not coming in a straight line to his master when called.

Domestic instincts are sometimes spoken of as actions which have become inherited solely from long-continued and compulsory habit, but this, I think, is not true. No one would ever have thought of teaching, or probably could have taught, the tumbler-pigeon to tumble,—an action which, as I have witnessed, is performed by young birds, that have never seen a pigeon tumble. We may believe that some one pigeon showed a slight tendency to this strange habit, and that the long-continued selection of the best individuals in successive generations made tumblers what they now are; and near Glasgow there are house-tumblers, as I hear from Mr. Brent, which cannot fly eighteen inches high without going head over heels. It may be doubted whether any one would have thought of training a dog to point, had not some one dog naturally shown a tendency in this line; and this is known occasionally to happen, as I once saw in a pure terrier. When the first tendency was once displayed, methodical selection and the inherited effects of compulsory training in each successive generation would soon complete the work; and unconscious


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 selection is still at work, as each man tries to procure, without intending to improve the breed, dogs which will stand and hunt best. On the other hand, habit alone in some cases has sufficed; no animal is more difficult to tame than the young of the wild rabbit; scarcely any animal is tamer than the young of the tame rabbit; but I do not suppose that domestic rabbits have ever been selected for tameness; and I presume that we must attribute the whole of the inherited change from extreme wildness to extreme tameness, simply to habit and long-continued close confinement.

Natural instincts are lost under domestication: a remarkable instance of this is seen in those breeds of fowls which very rarely or never become "broody," that is, never wish to sit on their eggs. Familiarity alone prevents our seeing how universally and largely the minds of our domestic animals have been modified by domestication. It is scarcely possible to doubt that the love of man has become instinctive in the dog. All wolves, foxes, jackals, and species of the cat genus, when kept tame, are most eager to attack poultry, sheep, and pigs; and this tendency has been found incurable in dogs which have been brought home as puppies from countries, such as Tierra del Fuego and Australia, where the savages do not keep these domestic animals. How rarely, on the other hand, do our civilised dogs, even when quite young, require to be taught not to attack poultry, sheep, and pigs! No doubt they occasionally do make an attack, and are then beaten; and if not cured, they are destroyed; so that habit, with some degree of selection, has probably concurred in civilising by inheritance our dogs. On the other hand, young chickens have lost, wholly by habit, that fear of the dog and cat which no doubt was originally instinctive in them, in the same way as it is so plainly instinctive in


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 young pheasants, though reared under a hen. It is not that chickens have lost all fear, but fear only of dogs and cats, for if the hen gives the danger-chuckle, they will run (more especially young turkeys) from under her, and conceal themselves in the surrounding grass or thickets; and this is evidently done for the instinctive purpose of allowing, as we see in wild ground-birds, their mother to fly away. But this instinct retained by our chickens has become useless under domestication, for the mother-hen has almost lost by disuse the power of flight.

Hence, we may conclude, that domestic instincts have been acquired and natural instincts have been lost partly by habit, and partly by man selecting and accumulating during successive generations, peculiar mental habits and actions, which at first appeared from what we must in our ignorance call an accident. In some cases compulsory habit alone has sufficed to produce such inherited mental changes; in other cases compulsory habit has done nothing, and all has been the result of selection, pursued both methodically and unconsciously; but in most cases, probably, habit and selection have acted together.

We shall, perhaps, best understand how instincts in a state of nature have become modified by selection, by considering a few cases. I will select only three, out of the several which I shall have to discuss in my future work,—namely, the instinct which leads the cuckoo to lay her eggs in other birds' nests; the slave-making instinct of certain ants; and the comb-making power of the hive-bee: these two latter instincts have generally, and most justly, been ranked by naturalists as the most wonderful of all known instincts.

It is now commonly admitted that the more immediate and final cause of the cuckoo's instinct is, that


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 she lays her eggs, not daily, but at intervals of two or three days; so that, if she were to make her own nest and sit on her own eggs, those first laid would have to be left for some time unincubated, or there would be eggs and young birds of different ages in the same nest. If this were the case, the process of laying and hatching might be inconveniently long, more especially as she has to migrate at a very early period; and the first hatched young would probably have to be fed by the male alone. But the American cuckoo is in this predicament; for she makes her own nest and has eggs and young successively hatched, all at the same time. It has been asserted that the American cuckoo occasionally lays her eggs in other birds' nests; but I hear on the high authority of Dr. Brewer, that this is a mistake. Nevertheless, I could give several instances of various birds which have been known occasionally to lay their eggs in other birds' nests. Now let us suppose that the ancient progenitor of our European cuckoo had the habits of the American cuckoo; but that occasionally she laid an egg in another bird's nest. If the old bird profited by this occasional habit, or if the young were made more vigorous by advantage having been taken of the mistaken maternal instinct of another bird, than by their own mother's care, encumbered as she can hardly fail to be by having eggs and young of different ages at the same time; then the old birds or the fostered young would gain an advantage. And analogy would lead me to believe, that the young thus reared would be apt to follow by inheritance the occasional and aberrant habit of their mother, and in their turn would be apt to lay their eggs in other birds' nests, and thus be successful in rearing their young. By a continued process of this nature, I believe that the strange instinct of our cuckoo could be, and has been,


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 generated. I may add that, according to Dr. Gray and to some other observers, the European cuckoo has not utterly lost all maternal love and care for her own offspring.

The occasional habit of birds laying their eggs in other birds' nests, either of the same or of a distinct species, is not very uncommon with the Gallinaceæ; and this perhaps explains the origin of a singular instinct in the allied group of ostriches. For several hen ostriches, at least in the case of the American species, unite and lay first a few eggs in one nest and then in another; and these are hatched by the males. This instinct may probably be accounted for by the fact of the hens laying a large number of eggs; but, as in the case of the cuckoo, at intervals of two or three days. This instinct, however, of the American ostrich has not as yet been perfected; for a surprising number of eggs lie strewed over the plains, so that in one day's hunting I picked up no less than twenty lost and wasted eggs.

Many bees are parasitic, and always lay their eggs in the nests of bees of other kinds. This case is more remarkable than that of the cuckoo; for these bees have not only their instincts but their structure modified in accordance with their parasitic habits; for they do not possess the pollen-collecting apparatus which would be necessary if they had to store food for their own young. Some species, likewise, of Sphegidæ (wasp-like insects) are parasitic on other species; and M. Fabre has lately shown good reason for believing that although the Tachytes nigra generally makes its own burrow and stores it with paralysed prey for its own larvæ to feed on, yet that when this insect finds a burrow already made and stored by another sphex, it takes advantage of the prize, and becomes for the occasion parasitic. In this case, as with the supposed case of the cuckoo, I can


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 see no difficulty in natural selection making an occasional habit permanent, if of advantage to the species, and if the insect whose nest and stored food are thus feloniously appropriated, be not thus exterminated.

Slave-making instinct.—This remarkable instinct was first discovered in the Formica (Polyerges) rufescens by Pierre Huber, a better observer even than his celebrated father. This ant is absolutely dependent on its slaves; without their aid, the species would certainly become extinct in a single year. The males and fertile females do no work. The workers or sterile females, though most energetic and courageous in capturing slaves, do no other work. They are incapable of making their own nests, or of feeding their own larvæ. When the old nest is found inconvenient, and they have to migrate, it is the slaves which determine the migration, and actually carry their masters in their jaws. So utterly helpless are the masters, that when Huber shut up thirty of them without a slave, but with plenty of the food which they like best, and with their larvæ and pupæ to stimulate them to work, they did nothing; they could not even feed themselves, and many perished of hunger. Huber then introduced a single slave (F. fusca), and she instantly set to work, fed and saved the survivors; made some cells and tended the larvæ, and put all to rights. What can be more extraordinary than these well-ascertained facts? If we had not known of any other slave-making ant, it would have been hopeless to have speculated how so wonderful an instinct could have been perfected.

Formica sanguinea was likewise first discovered by P. Huber to be a slave-making ant. This species is found in the southern parts of England, and its habits have been attended to by Mr. F. Smith, of the British


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 Museum, to whom I am much indebted for information on this and other subjects. Although fully trusting to the statements of Huber and Mr. Smith, I tried to approach the subject in a sceptical frame of mind, as any one may well be excused for doubting the truth of so extraordinary and odious an instinct as that of making slaves. Hence I will give the observations which I have myself made, in some little detail. I opened fourteen nests of F. sanguinea, and found a few slaves in all. Males and fertile females of the slave-species are found only in their own proper communities, and have never been observed in the nests of F. sanguinea. The slaves are black and not above half the size of their red masters, so that the contrast in their appearance is very great. When the nest is slightly disturbed, the slaves occasionally come out, and like their masters are much agitated and defend the nest: when the nest is much disturbed and the larvæ and pupæ are exposed, the slaves work energetically with their masters in carrying them away to a place of safety. Hence, it is clear, that the slaves feel quite at home. During the months of June and July, on three successive years, I have watched for many hours several nests in Surrey and Sussex, and never saw a slave either leave or enter a nest. As, during these months, the slaves are very few in number, I thought that they might behave differently when more numerous; but Mr. Smith informs me that he has watched the nests at various hours during May, June and August, both in Surrey and Hampshire, and has never seen the slaves, though present in large numbers in August, either leave or enter the nest. Hence he considers them as strictly household slaves. The masters, on the other hand, may be constantly seen bringing in materials for the nest, and food of all kinds. During the present year, however, in the month


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 of July, I came across a community with an unusually large stock of slaves, and I observed a few slaves mingled with their masters leaving the nest, and marching along the same road to a tall Scotch-fir-tree, twenty-five yards distant, which they ascended together, probably in search of aphides or cocci. According to Huber, who had ample opportunities for observation, in Switzerland the slaves habitually work with their masters in making the nest, and they alone open and close the doors in the morning and evening; and, as Huber expressly states, their principal office is to search for aphides. This difference in the usual habits of the masters and slaves in the two countries, probably depends merely on the slaves being captured in greater numbers in Switzerland than in England.

One day I fortunately chanced to witness a migration from one nest to another, and it was a most interesting spectacle to behold the masters carefully carrying, as Huber has described, their slaves in their jaws. Another day my attention was struck by about a score of the slave-makers haunting the same spot, and evidently not in search of food; they approached and were vigorously repulsed by an independent community of the slave species (F. fusca); sometimes as many as three of these ants clinging to the legs of the slave-making F. sanguinea. The latter ruthlessly killed their small opponents, and carried their dead bodies as food to their nest, twenty-nine yards distant; but they were prevented from getting any pupæ to rear as slaves. I then dug up a small parcel of the pupæ of F. fusca from another nest, and put them down on a bare spot near the place of combat; they were eagerly seized, and carried off by the tyrants, who perhaps fancied that, after all, they had been victorious in their late combat.


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 At the same time I laid on the same place a small parcel of the pupæ of another species, F. flava, with a few of these little yellow ants still clinging to the fragments of the nest. This species is sometimes, though rarely, made into slaves, as has been described by Mr. Smith. Although so small a species, it is very courageous, and I have seen it ferociously attack other ants. In one instance I found to my surprise an independent community of F. flava under a stone beneath a nest of the slave-making F. sanguinea; and when I had accidentally disturbed both nests, the little ants attacked their big neighbours with surprising courage. Now I was curious to ascertain whether F. sanguinea could distinguish the pupæ of F. fusca, which they habitually make into slaves, from those of the little and furious F. flava, which they rarely capture, and it was evident that they did at once distinguish them: for we have seen that they eagerly and instantly seized the pupæ of F. fusca, whereas they were much terrified when they came across the pupæ, or even the earth from the nest of F. flava, and quickly ran away; but in about a quarter of an hour, shortly after all the little yellow ants had crawled away, they took heart and carried off the pupæ.

One evening I visited another community of F. sanguinea, and found a number of these ants entering their nest, carrying the dead bodies of F. fusca (showing that it was not a migration) and numerous pupæ. I traced the returning file burthened with booty, for about forty yards, to a very thick clump of heath, whence I saw the last individual of F. sanguinea emerge, carrying a pupa; but I was not able to find the desolated nest in the thick heath. The nest, however, must have been close at hand, for two or three individuals of F. fusca were rushing about in the greatest agitation, and one was


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Rh their faces blackened (not masked), pretending to be beggars and asking for "charity, please." What they wanted and got was of course apples and nuts. Formerly Hallowe'en was the occasion of rather noisy and rowdy processions of students and other young people, who sometimes did damage to property,—shopkeepers' signs, etc. This was discountenanced by the University authorities, and has now, I think, stopped completely. Another observance common about 1890- 1900, but now rare, was for the boys to go about with peashooters bombarding windows. Various other amusements, some of them traditional, are kept up more or less—bobbing for apples, making jack-o'-lanthorns out of pumpkins with a candle inside, and the like—mostly at "Hallowe'en parties," a fairly common form of social entertainment. The disguised children are often called, or call themselves, goblins or witches.

These, I think, are definitely customs of the country rather than of the city. Few of our people comparatively have been city-dwellers for more than about a generation. They are also British-Canadian, not French-Canadian.

French beliefs.—The informant is the same habitant girl from whom the former series of Quebec folklore notes was derived.

Rats and mice.—To get rid of them, catch one, set its fur on fire, and let it go. If this is not effectual, send for a rat-charmer, of whom there are still a good many in the province.

Weather sign.—A cold Advent, especially Advent Sunday, foretells a mild winter, and vice versa.

Pregnancy.—The health of the expectant mother and that of the child vary inversely. The informant cited from her own experience an extremely healthy woman of whose thirteen children only three survived, and another who was quite pleased at the death of her two children in infancy, because it meant that her own health would improve, and "it couldn't hurt the babies just to be born and die."

If the lid is accidentally left off a kettle on the fire, company is coming.

Ontario.—The following notes were communicated to me in March, 1914, by the same informant from whom I had the earlier notes (see Folk-Lore, xxiv. pp. 219 ff.):


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 perched motionless with its own pupa in its mouth on the top of a spray of heath over its ravaged home.

Such are the facts, though they did not need confirmation by me, in regard to the wonderful instinct of making slaves. Let it be observed what a contrast the instinctive habits of F. sanguinea present with those of the F. rufescens. The latter does not build its own nest, does not determine its own migrations, does not collect food for itself or its young, and cannot even feed itself: it is absolutely dependent on its numerous slaves. Formica sanguinea, on the other hand, possesses much fewer slaves, and in the early part of the summer extremely few. The masters determine when and where a new nest shall be formed, and when they migrate, the masters carry the slaves. Both in Switzerland and England the slaves seem to have the exclusive care of the larvæ, and the masters alone go on slave-making expeditions. In Switzerland the slaves and masters work together, making and bringing materials for the nest: both, but chiefly the slaves, tend, and milk as it may be called, their aphides; and thus both collect food for the community. In England the masters alone usually leave the nest to collect building materials and food for themselves, their slaves and larvæ. So that the masters in this country receive much less service from their slaves than they do in Switzerland.

By what steps the instinct of F. sanguinea originated I will not pretend to conjecture. But as ants, which are not slave-makers, will, as I have seen, carry off pupæ of other species, if scattered near their nests, it is possible that pupæ originally stored as food might become developed; and the ants thus unintentionally reared would then follow their proper instincts, and do what work they could. If their presence proved useful to the species which had seized them—if it were more


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 to this species to capture workers than to procreate them—the habit of collecting pupæ originally for food might by natural selection be strengthened and rendered permanent for the very different purpose of raising slaves. When the instinct was once acquired, if carried out to a much less extent even than in our British F. sanguinea, which, as we have seen, is less aided by its slaves than the same species in Switzerland, I can see no difficulty in natural selection increasing and modifying the instinct—always supposing each modification to be of use to the species—until an ant was formed as abjectly dependent on its slaves as is the Formica rufescens.

Cell-making instinct of the Hive-Bee.—I will not here enter on minute details on this subject, but will merely give an outline of the conclusions at which I have arrived. He must be a dull man who can examine the exquisite structure of a comb, so beautifully adapted to its end, without enthusiastic admiration. We hear from mathematicians that bees have practically solved a recondite problem, and have made their cells of the proper shape to hold the greatest possible amount of honey, with the least possible consumption of precious wax in their construction. It has been remarked that a skilful workman, with fitting tools and measures, would find it very difficult to make cells of wax of the true form, though this is perfectly effected by a crowd of bees working in a dark hive. Grant whatever instincts you please, and it seems at first quite inconceivable how they can make all the necessary angles and planes, or even perceive when they are correctly made. But the difficulty is not nearly so great as it at first appears: all this beautiful work can be shown, I think, to follow from a few very simple instincts.


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 I was led to investigate this subject by Mr. Waterhouse, who has shown that the form of the cell stands in close relation to the presence of adjoining cells; and the following view may, perhaps, be considered only as a modification of his theory. Let us look to the great principle of gradation, and see whether Nature does not reveal to us her method of work. At one end of a short series we have humble-bees, which use their old cocoons to hold honey, sometimes adding to them short tubes of wax, and likewise making separate and very irregular rounded cells of wax. At the other end of the series we have the cells of the hive-bee, placed in a double layer: each cell, as is well known, is an hexagonal prism, with the basal edges of its six sides bevelled so as to join on to a pyramid, formed of three rhombs. These rhombs have certain angles, and the three which form the pyramidal base of a single cell on one side of the comb, enter into the composition of the bases of three adjoining cells on the opposite side. In the series between the extreme perfection of the cells of the hive-bee and the simplicity of those of the humble-bee, we have the cells of the Mexican Melipona domestica, carefully described and figured by Pierre Huber. The Melipona itself is intermediate in structure between the hive and humble bee, but more nearly related to the latter: it forms a nearly regular waxen comb of cylindrical cells, in which the young are hatched, and, in addition, some large cells of wax for holding honey. These latter cells are nearly spherical and of nearly equal sizes, and are aggregated into an irregular mass. But the important point to notice, is that these cells are always made at that degree of nearness to each other, that they would have intersected or broken into each other, if the spheres had been completed; but this is never permitted, the bees building perfectly flat walls of wax between the spheres


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 which thus tend to intersect. Hence each cell consists of an outer spherical portion and of two, three, or more perfectly flat surfaces, according as the cell adjoins two, three, or more other cells. When one cell comes into contact with three other cells, which, from the spheres being nearly of the same size, is very frequently and necessarily the case, the three flat surfaces are united into a pyramid; and this pyramid, as Huber has remarked, is manifestly a gross imitation of the three-sided pyramidal basis of the cell of the hive-bee. As in the cells of the hive-bee, so here, the three plane surfaces in any one cell necessarily enter into the construction of three adjoining cells. It is obvious that the Melipona saves wax by this manner of building; for the flat walls between the adjoining cells are not double, but are of the same thickness as the outer spherical portions, and yet each flat portion forms a part of two cells.

Reflecting on this case, it occurred to me that if the Melipona had made its spheres at some given distance from each other, and had made them of equal sizes and had arranged them symmetrically in a double layer, the resulting structure would probably have been as perfect as the comb of the hive-bee. Accordingly I wrote to Professor Miller, of Cambridge, and this geometer has kindly read over the following statement, drawn up from his information, and tells me that it is strictly correct:—

If a number of equal spheres be described with their centres placed in two parallel layers; with the centre of each sphere at the distance of radius × √ 2, or radius × 1·41421 (or at some lesser distance), from the centres of the six surrounding spheres in the same layer; and at the same distance from the centres of the adjoining spheres in the other and parallel layer; then, if planes of intersection between the several spheres in


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 both layers be formed, there will result a double layer of hexagonal prisms united together by pyramidal bases formed of three rhombs; and the rhombs and the sides of the hexagonal prisms will have every angle identically the same with the best measurements which have been made of the cells of the hive-bee.

Hence we may safely conclude that if we could slightly modify the instincts already possessed by the Melipona, and in themselves not very wonderful, this bee would make a structure as wonderfully perfect as that of the hive-bee. We must suppose the Melipona to make her cells truly spherical, and of equal sizes; and this would not be very surprising, seeing that she already does so to a certain extent, and seeing what perfectly cylindrical burrows in wood many insects can make, apparently by turning round on a fixed point. We must suppose the Melipona to arrange her cells in level layers, as she already does her cylindrical cells; and we must further suppose, and this is the greatest difficulty, that she can somehow judge accurately at what distance to stand from her fellow-labourers when several are making their spheres; but she is already so far enabled to judge of distance, that she always describes her spheres so as to intersect largely; and then she unites the points of intersection by perfectly flat surfaces. We have further to suppose, but this is no difficulty, that after hexagonal prisms have been formed by the intersection of adjoining spheres in the same layer, she can prolong the hexagon to any length requisite to hold the stock of honey; in the same way as the rude humble-bee adds cylinders of wax to the circular mouths of her old cocoons. By such modifications of instincts in themselves not very wonderful,—hardly more wonderful than those which guide a bird to make its nest,—I believe that the hive-bee


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 has acquired, through natural selection, her inimitable architectural powers.

But this theory can be tested by experiment. Following the example of Mr. Tegetmeier, I separated two combs, and put between them a long, thick, square strip of wax: the bees instantly began to excavate minute circular pits in it; and as they deepened these little pits, they made them wider and wider until they were converted into shallow basins, appearing to the eye perfectly true or parts of a sphere, and of about the diameter of a cell. It was most interesting to me to observe that wherever several bees had begun to excavate these basins near together, they had begun their work at such a distance from each other, that by the time the basins had acquired the above stated width (i.e. about the width of an ordinary cell), and were in depth about one sixth of the diameter of the sphere of which they formed a part, the rims of the basins intersected or broke into each other. As soon as this occurred, the bees ceased to excavate, and began to build up flat walls of wax on the lines of intersection between the basins, so that each hexagonal prism was built upon the festooned edge of a smooth basin, instead of on the straight edges of a three-sided pyramid as in the case of ordinary cells.

I then put into the hive, instead of a thick, square piece of wax, a thin and narrow, knife-edged ridge, coloured with vermilion. The bees instantly began on both sides to excavate little basins near to each other, in the same way as before; but the ridge of wax was so thin, that the bottoms of the basins, if they had been excavated to the same depth as in the former experiment, would have broken into each other from the opposite sides. The bees, however, did not suffer this to happen, and they stopped their excavations in due