The bill of exceptions recites that the judgment sustaining the demurrer and dismissing the petition was rendered on May 16, 1952. The certificate of the trial judge recites that the bill of exceptions was tendered n June 6, 1952, and it was signed and certified by the trial judge on that date. Held:

1. It must affirmatively appear from the bill of exceptions, or from the record, that the bill of exceptions was presented within the time prescribed by law. Crawford v. Goodwin, 128 Ga. 134 (57 S. E. 240).

2. The Rules of Practice and Procedure approved February 1, 1946 (Ga. L. 1946, pp. 6-782), provide in 6 that "Bills of exceptions shall be tendered to the judge who presided in the cause within 20 days from the date of the decision complained of." Code (Ann. Supp), 6-902. "When a number of days is prescribed for the exercise of any privilege, or the discharge of any duty, only the first or last day shall be counted; and if the las day shall fall on Sunday, another day shall be allowed in the computation." Code, 102-102 (8).

4. The bill of exceptions was not presented to the trial judge within the time prescribed by law, and this court is without jurisdiction to pass upon the writ of error. Rusk v. Hill, 117 Ga. 722 (45 S. E. 42); Jackson v. Harris, 165 Ga. 873, 879 (142 S. E. 273); Harris v. Plains Mercantile Co., 187 Ga. 337 (200 S. E. 241); Pepper v. Flanagan, 204 Ga. 265 (49 S. E. 2d, 525); Curtis v. Sharp, 206 Ga. 193 (56 S. E. 2d, 118); Pugh v. Moore, 207 Ga. 453 (62 S. E. 2d, 153).