JUDICIARY DEPARTMENT. 129

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 Balti-
more 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 de-
murred 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 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-
ceding, in the city or county, for which they may be elected. They shall
have all the powers now vested in the Orphans' Courts of the State, sub-
ject to such changes as the Legislature may prescribe. Each of said Judges
shall be paid a per diem for the time they are actually in session, to be
regulated by Law, and to be paid by the said city or counties, respectively.
In case of a vacancy in the office of Judge of the Orphans' Court, the Gov-
ernor shall appoint, subject to confirmation or rejection by the Senate, some
suitable person to fill the same for the residue of the term.

Under this section, the legislature may not only make changes in the powers
which the orphans' courts had at the time the Constitution of 1867 was adopted,
but also may confer additional powers upon them or take away powers which they
then possessed. The act of 1908, ch. 125, authorizing orphans' courts to grant letters
upon estates of persons supposed to be dead because of absence for more than
seven years, upheld. Savings Bank v. Weeks, 110 Md. 92.

The " vacancy " referred to in this section is a vacancy occurring after an elec-
tion by the people; hence where the house of delegates acting under sec. 12 decides
that a person other than the incumbent is entitled to an office, there is no vacancy
within the meaning of this section which the Governor may fill, but the house
must order a new election under sec. 12; the incumbent holds until some other
person has been elected by the people and qualified. Ijams v. Duvall, 85 Md. 261.
And see Wells v. Munroe, 86 Md. 448.

Art. 4, sec. 17, of the Constitution of 1851, compared with, and referred to in
construing, art. 4, sec. 14, of that Constitution—see notes to sec. 25. Sansbury v
Middleton, 11 Md. 317.

Secs. 25 and 26 of art. 4, of the Constitution of 1851, compared with sec. 19 of
art. 4, of said Constitution—see notes to art. 4, sec. 43. Cantwell v. Owens, 14
Md. 226.

See art. 93, sec. 238, et seq., of the An. Code.

Sec. 41. There shall be a Register of Wills in each county of the State,
and the City of Baltimore, to be elected by the legal and qualified voters of