Charles A. Turner, Kt., C.J.

1. The clause respecting the payment of rent at the highest rates payable in the neighbourhood on land formerly dry, which might be irrigated from a Government source of supply, and the clause relating to the payment of such rates as the lessors might agree to take for the cultivation of land in excess of the holdings and unassessed, appear to us to be objectionable, because they are indefinite. The Act intends that the rate of rent should be ascertained and declared even where the rate may vary with the means of cultivation or the frequency of cultivation, or where the quantum of rent may vary with an increase or reduction in the area of the holding.

2. We must affirm the decree and dismiss the appeal with costs.