The Appellate Practice Act (Ga. L. 1966, pp. 493, 497; Code Ann. 6-808) requires that where no transcript of evidence and proceedings is to be sent up, the clerk shall prepare and transmit the record within 20 days after the date of filing of the notice of appeal.
Although there was no transcript of evidence and proceedings to be sent up in this case, the record was not transmitted within 20 days after the filing of the notice of appeal. The clerk's certificate states: "This is to certify that due to the fact of the appellant not having paid the costs of this court caused a delay in transmitting this record to the Supreme Court . . ."
The 1968 amendment to the Appellate Practice Act (Ga. L. 1968, pp. 1072, 1073-1074; Code Ann. 6-809) does not change this rule. See Fahrig v. Garrett, 224 Ga. 817 (165 SE2d 126)
Billy G. Fallin, for appellee.