JUDGMENT : AIKMAN, J.:— The appellants are ex-proprietary tenants. On 22nd January, 1901, the respondents applied to have rent fixed on the defendants' holding. The rent was not fixed until the 4th February, 1903, upwards of one year after Act No. III of 1901 had been in force. 2. Although the application was made under the repealed Act No. XIX of 1873 the order of the Settlement Officer fixing the rent must be deemed to have been made under the provisions of the Act which was in force, This being so, the provisions of section 91 of the Act were in my opinion applicable, and the plaintiffs were entitled to the decree which they had obtained. I dismiss the appeal with costs.