This cause is identical in all essential features with the case of Chicago, Rock Island & Pacific Railway Co., a corporation, Plaintiff in Error, v. F. F. McGill, Defendant in Error (No. 6824) 63 Okla. 64, 162 Pac. 705, wherein a motion to dismiss the proceeding in error, upon the ground that the ninth subdivision of section 5033, Rev. Laws 1910, was not applicable to proceedings pending at the time <oi the adoption of the Harris-Day Code, has just been sustained.

There is also a motion to dismiss this proceeding in error upon the same ground, which must be sustained for the reasons stated in the former opinion. It is so ordered.