Reeves Collier, Rex T. Reeves, Merrell Collier, for appellee. 1. Code § 114-710, providing the method of appeal from an award of the Workmen's Compensation Board to the superior court, though stricken by § 15 of the Act of 1963 (Ga. L. 1963, p. 141, et seq.), was revived and continues in effect inasmuch as the provision for substitution was held to have been beyond the legislative power and ineffective in Baggett Transportation Co. v. Barnes, 108 Ga. App. 68 ( 132 S.E.2d 229). A different conclusion is not required by Continental Cas. Co. v. Swift Co., 222 Ga. 80 ( 148 S.E.2d 489).

An important consideration in reaching that result was that the State Board of Workmen's Compensation was not a court but was an administrative agency with only those powers and duties given it by statute. Baggett Transportation Co. v. Barnes, 108 Ga. App. 68, 132 S.E.2d 229 (1963). As previously noted, the same result was reached for essentially the same reasons in Mulhearn v. Federal Shipbuilding in Dry Dock Co., 2 N.J. 356, 66 A.2d 726.

The State Board of Workmen's Compensation is not a court, but is an administrative body with only those powers and duties given it by statute. Maryland Cas. Co. v. Stephens, 76 Ga. App. 723 (4) ( 47 S.E.2d 108); Baggett Transportation Co. v. Barnes, 108 Ga. App. 68, 72 ( 132 S.E.2d 229); Bishop v. Weems, 118 Ga. App. 180 (2) ( 162 S.E.2d 879). Therefore, the provisions of the Civil Practice Act in regard to the taking of depositions are not applicable to workmen's compensation claims unless made so by statute pertaining specifically to workmen's compensation claims.

Even though it was not raised in defendant's motion for summary judgment, the trial court must sua sponte ascertain whether it has jurisdiction, when it appears that it may not. OCGA § 9-12-16; Southeastern Underwriters Assn. v. Cravey, 216 Ga. 599, 600 ( 118 S.E.2d 471) (1961); Baggett Transp. Co. v. Barnes, 108 Ga. App. 68 ( 132 S.E.2d 229) (1963). The same threshold inquiry must be made by ours. Barland Co. v. Bartow County Bd. of Tax Assessors, 172 Ga. App. 61, 62 ( 322 S.E.2d 316) (1984).

Mayo v. State, supra. Whether the parties raise the question — or agree that none exists — it is our duty to inquire into our jurisdiction. Baggett Transp. Co. v. Barnes, 108 Ga. App. 68 ( 132 S.E.2d 229). We have done so. Notice of appeal of the grants of summary judgment to Barton Ludwig and Fickling Walker was not filed until 75 days after entry of the summary judgment below.

The deputy director denies compensation, which was affirmed by the full board, but reversed by the superior court. Held: Under the authority of Code § 114-710, as amended, and cases based thereon (Ga. L. 1965, p. 18, § 19; Code Ann. §§ 6-801, 6-904); Peters v. Liberty Mut. Ins. Co., 113 Ga. App. 41 ( 147 S.E.2d 26); and Ga. L. 1963, pp. 141, 156, Const. of 1945, Code Ann. § 2-3708; Baggett Transp. Co. v. Barnes, 108 Ga. App. 68 ( 132 S.E.2d 229)), this case depends upon whether or not "the facts found . . . [by the board] . . . do not support the order or decree." The board must make a finding of fact under Code § 114-707.

Plummer v. State, 90 Ga. App. 773 ( 84 S.E.2d 202); Travelers Ins. Co. v. Haney, 92 Ga. App. 319 ( 88 S.E.2d 492); Maryland Cas. Co. v. Stephens, 76 Ga. App. 723 ( 47 S.E.2d 108); City of Hapeville v. Preston, 67 Ga. App. 350 ( 20 S.E.2d 202); Aetna Life Ins. Co. v. Davis, 172 Ga. 258 ( 157 S.E. 499)." Baggett Transportation Co. v. Barnes, 108 Ga. App. 68, 72 ( 132 S.E.2d 229). 3.

Gormley v. Walton, 47 Ga. App. 466 ( 170 S.E. 706). 2. Under constitutional provisions ( Code Ann. § 2-3708), the jurisdiction of the Court of Appeals over appeals from "the superior courts, and from the city courts of Atlanta and Savannah, . . . and such other like courts as have been or may hereafter be established in other cities . . . and in such other cases as may hereafter be prescribed by law" does not extend to direct appeals from courts which are not "like courts" to the constitutional city courts mentioned. Baggett Transportation Co. v. Barnes, 108 Ga. App. 68 ( 132 S.E.2d 229). 3. "`If an Act creating a court at any other place than Atlanta and Savannah provides that a jury of less than 12 shall try the case, the court is not a constitutional city court. Monford v. State, [ 114 Ga. 528 ( 40 S.E. 798)]. If an act creates a court at any other place than a county site or at a county site which has not been expressly incorporated as a city, the court thus created is not a constitutional city court. Collier v. Means, 113 Ga. 681 ( 39 S.E. 418); S. F. W. Ry. Co. v. Jordan, 113 Ga. 687 ( 39 S.E. 511). [Welborne v. State, 114 Ga. 793 ( 40 S.E. 857)]'. . . Upon review of the Monford and Welborne cases, and of other cases holding to the same effect, the rulings there made and here relied upon are reaffirmed."

EBERHARDT, Judge. 1. As was asserted in Baggett Transportation Co. v. Barnes, 108 Ga. App. 68 ( 132 S.E.2d 229), the striking down of § 15 of the Act of 1963 (Ga. L. 1963, p. 156) by that decision resulted in leaving Code § 114-710 providing for appeals from the Workmen's Compensation Board to the superior courts in full force and effect. The holding in Continental Cas. Co. v. Swift Co., 222 Ga. 80 ( 148 S.E.2d 489) does not require a different conclusion.

This court is without jurisdiction to review an order of the State Board of Pardons and Paroles denying the petition of a defendant for reduction of the sentence imposed by the trial court. Art. VI, Sec. II, Par. VIII, Constitution ( Code Ann. § 2-3708); Baggett Transportation Co. v. Barnes, 108 Ga. App. 68 ( 132 S.E.2d 229). The bill of exceptions is accordingly. Dismissed. Nichols, P. J., and Pannell, J., concur.