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324 HEALTH. [ART. XLIII
granted, which order shall be served upon the said last named person,
and if said petition shall not be answered within the time named as
aforesaid, or if the answer thereto shall be adjudged insufficient by the
Court, then the Court shall pass an order directing that the name of
such person alleged to be wrongfully or improperly practicing oste-
opathy shall be stricken from the registry of osteopathic physicians
where the same shall have been registered, but if said petition shall be
answered by the defendant as being the person against whom it is exhib-
ited by an answer under oath fairly and fully denying the allegations
of said petition the issues thus raised shall be heard and determined
by the Court and either party may be entitled to a jury trial before
a jury of the regular panel empannelled to try common law cases in
said Court; and the defendant shall be competent and compellable to
testify at such hearing and upon such hearing the Court shall render
judgment with costs against the unsuccessful party. And if it shall
determine that said defendant is practicing osteopathy in the State of
Maryland without having obtained a license from the State Board of
Osteopathic Examiners under the provisions and conditions of this sub-
title, it shall pass an order directing the name of said defendant to be
stricken from the registry of osteopathy, which order shall be certified
by the Clerk of the Court wherein said defendant was registered and
he shall thereupon strike his name from said registry.
Construing this section and section 302 together, in the light of sections
300 and 303, a practitioner in Alaryland prior to April 13, 1914, was not
required to procure a license from the state board of examiners as a pre-
requisite to being registered. Purpose and construction of the act of 1914,
chapter 786. Petition for mandamus held sufficient. Cutty v. Carson,
125 Md. 27.
299.
See notes to section 298.
300.
See notes to section 298.
301.
See notes to section 298.
1914, ch. 786. 1916, ch. 522.
302. From and after April 13, 1914, no person shall enter upon or
continue the practice of osteopathy in the State of Maryland unless
he or she has complied with the provisions of this sub-title, and shall
have exhibited to the Clerk of the Circuit Court of Baltimore City or
the Clerk of the Circuit Court of the County in which he or she desires
to practice osteopathy, a license duly granted to him or her, as herein-
before provided, whereupon he or she shall be entitled, upon the pay-
ment of one dollar, to be duly registered in the office of the Clerk of"
the Circuit Court of Baltimore City or the Clerk of the Circuit Court
of the County; and any person who shall practice or attempt to practice
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