[Art. 4] JUDICIARY DEPARTMENT 113

licenses "contrary to the form of the act of assembly, " etc., is not demurrable. Weber v.
State, 116 Md. 409.

This section referred to in deciding that a clerk who deposits in bank until it is
paid over, money of the state collected for licenses and from other sources, is liable
for interest received thereon from the banks. Vansant v. State, 96 Md. 124.

Under art. 4, sec. 15, of the Constitution of 1851, the clerk of the court of common
pleas was held to have no authority to record mechanics' hens, since by said section
they were required to be recorded in the office of the clerk of the superior court.
Miller v. Barroll, 14 Md. 184.

Cited but not construed in State v. Little, 157 Md. 457.

Sec. 39. The General Assembly shall, as often as it may think the same
proper and expedient, provide by Law for the election of an additional
Judge of the Supreme Bench of Baltimore City, and whenever provision
is so made by the General Assembly, there shall be elected by the voters of
said City another Judge of the Supreme Bench of Baltimore City, who
shall be subject to the same constitutional provisions, hold his office for the
same term of years, receive the same compensation, and have the same
powers as are, or shall be, provided by the Constitution or Laws of this
State, for the Judges of said Supreme Bench of Baltimore City, and the
General Assembly may provide by Laws, or the Supreme Bench by its
rules for requiring causes in any of the Courts of Baltimore City to be
tried before the Court without a jury, unless the litigants or some one of
them shall within such reasonable time or times as may be prescribed, elect
to have their causes tried before a jury. And the General Assembly may
reapportion, change or enlarge the jurisdiction of the several Courts in

said city. ¹

Where the only election of a jury trial is that immediately following the plaintiff's
declaration, these words appear: "The plaintiff prays a jury trial, " such election is
not sufficient under the rules applicable to common law cases in Baltimore city. The
election of a jury trial must be separate and distinct from the declaration. City Pas-
senger Ry. Co. v. Nugent, 86 Md. 360. And see Condon v. Gore, 89 Md. 231.

Where a narr. under the practice act of 1886, was filed in the superior court of Balti-
more city on July 1, 1909, and on July 12, 1909, one of the defendants demurred and
an order was passed extending the time for filing pleas to fifteen days after a de-
cision on the demurrer; and on October 27, the demurrer was overruled with leave
to plead within ten days, and on October 30, each of the defendants filed an election
for a jury trial, such election was made in due time under a rule of the supreme bench
providing that as to defendants an election of a jury trial shall be made at or before the
time of first filing of pleas, but not after the time allowed by law to plead. Baltimore v.
Thomas, 115 Md. 214.

For cases involving various questions relative to a jury trial arising under rules
adopted in pursuance of this section, see Chappel Chemical, etc., Co. v. Sulphur Mine
Co., 85 Md. 681-684.

This section and art. 11A of Constitution, referred to in overruling objection to
zoning ordinance of Baltimore City, based on its extending jurisdiction of Baltimore
City Court by providing appeal to it from Board of Zoning Appeals Goldman v.
Crowther, 147 Md. 310.

This section referred to in construing art. 23, sec. 415, of Code—see notes thereto.
Public Serv. Commn. v. Byron, 153 Md. 476.

Cited in Brandt, Inc. v. Y. W. C. A., 169 Md. 615.

See art. 4, sec. 8; art. 15, sec. 6, and notes to art. 4, sec. 28.

Part V: —Orphans' Courts.

Sec. 40. The qualified voters of the; City of Baltimore, and of the several
counties, shall on the Tuesday next after the first Monday in November
next, and on the same day in every fourth year thereafter, elect three men
to be Judges of the Orphans' Courts of said city and counties, respectively,
who shall be citizens of the State, and residents for the twelve months pre-

¹ Thus amended by ch. 313, acts of 1892, ratified November 7, 1893.

Under this section, the general assembly, by the act of 1888, ch. 194, established
circuit court No. 2 of Baltimore city, conferring upon it the same jurisdiction as that
possessed by circuit court of Baltimore city, and by ch. 218, 1922, provided for additional
judge of Supreme Bench.