ART. IV] JUDICIARY DEPARTMENT. 89

the Baltimore City Court, and of the Criminal Court of Baltimore,
shall each give Bond in such penalty as is now prescribed by Law to be
given by the Clerks, of the Courts, bearing the same names, under the
present Constitution.

[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 when-
ever 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 pro-
visions, hold his office for the same term of years, receive the same com-
pensation, 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 rea-
sonable 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.]*

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 Passenger 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 Baltimore 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 decision 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.

See article 4, section 8, article 15. section 0. and notes to article 4,
section 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 preceding, in the city or county, for which they

*Thus amended by chapter 313, acts of 1892, ratified by the people November
7, 1893.