Pending final determination in this dispossessory proceeding the trial court, pursuant to Code Ann. § 61-304, entered its order requiring the defendant lessee to make rental payments into the registry of the court "on or before the 1st of [each] month. . .” Lessee made several timely payments but did not make the October 1 payment until October 2. The trial court subsequently issued a writ
In this court lessee, citing Code Ann. § 102-102 (8) and Brooks v. Hicks, 230 Ga. 500 (197 SE2d 711) (1973), asserts that the tender was timely because October 1 fell on a Sunday, thus giving him, as he contends, until the following day to make the payment. Lessee’s reliance upon those authorities is misplaced, however, as § 102-102 (8) extends the period only when "a number of days” is prescribed for the discharge of the duty; and the Supreme Court, clarifying its decision in Brooks v. Hicks, 230 Ga. 500, supra, has made it clear that § 102-102 (8) applies only, as it plainly says, to a period of "a number of days." Allstate Ins. Co. v. Stephens, 239 Ga. 717 (238 SE2d 382) (1977).
We also note that CPA § 6 (a) (Code Ann. § 81A-106 (a)), although not cited by lessee, makes provision for extension of time where "the last day of the period so computed” falls on a Saturday, Sunday, or holiday, and the section is applicable "whether the period is measured in days, months, years, or other unit of measurement of time.” (Emphasis supplied.) But, as is true with respect to § 102-102 (8), it can have no application here because the court order under which lessee was to make the payments did not prescribe a period of time, but rather directed payment "on or before the 1st of [each] month, a day certain.” Accordingly lessee, if he wished to be timely, was required to make the October payment "before” October 1 since it could not be made "on” that date.
Lessee also urges that the Brooks decision established a judicial Blue Law, but we find no merit in this contention since the subsequent Allstate case, which refused to follow Brooks, also involved a Sunday.
Since the trial court properly granted the writ of possession on the failure of timely payments (Code Ann. § 61-304 (c); Smith v. Hudgens, 140 Ga. App. 562 (231 SE2d 530) (1976)] Marshall v. U. S. Management Corp., 149 Ga. App. 141, 143 (3) (253 SE2d 818) (1979)), it is unnecessary to consider the alternative ground for the judgment.
Judgment affirmed.