Bill of Exceptions—Failure to Serve in Time—Absence of Belief— Beview upon Appeal.—Upon appeal from the judgment and from an order denying a new trial, where the record shows that the bill of exceptions used on the motion for a new trial was not prepared and served in time, and shows no relief from the default, the bill of exceptions cannot be considered on either appeal.

Id.—Construction of Code as to Extension of Time—Power of Judge of County—Prohibition.—Section 1054 of the Code of Civil Procedure allowing an extension of time by the judges of the superior court of the county must be construed subject to the express prohibition of section 170 of that code, that no disqualified judge shaH act.

Id.—Void Order Extending Time—Disqualification of Judge.—An order extending the time in which to prepare and serve the bill of exceptions to be used on the motion for a new trial, made by a judge who was disqualified to act, under section 170 of the Code of Civil Procedure, as the same existed prior to its amendment in 1905, was absolutely void, wherever brought in question, and could not operate to relieve from failure to serve the bill of exceptions within the time otherwise limited.

Id.—Abandonment of Application for Belief,—-Acquiescence in Buling of Court.—Where a bill of exceptions settled on the hearing of a motion, to dismiss the proceedings for a new trial shows that appellant made a conditional motion to be relieved from its failure to serve its proposed statement.in time, "if there was such failure,’’ upon the ground of mistake, inadvertence, and excusable neglect, supported by an affidavit not contained in the record, and that the court never ruled upon such conditional motion, but denied the motion solely on the ground that there was no default, the appellant, by acquiescence in this action of the court, and omission to except to the failure to rule upon the motion'for relief, and voluntarily submitting the motion for a new trial upon the record as it then existed, waived and abandoned the motion for relief under section 473 of the Code of Civil Procedure.