1594 ARTICLE 43.

An/Code, sec. 128. 1904, sec. 99. 1894, ch. 217, sec. 59.

136. Any person who after the first day of July, 1894, shall practise
or attempt to practise medicine or surgery in this State, without being
registered in accordance with the provisions of this sub-title, shall be
guilty of a misdemeanor, and shall be fined not less than ten dollars nor
more than two hundred dollars for each offense.

Indictment under this section need not aver sending of notice prescribed by
sec. 117. The receipt of such notice is not necessary to constitute offense of prac-
ticing medicine without being registered. Such offense is created solely by this
section, in broad and general language, without exception, qualification or condition.
Pleas of "autre fois acquit" to an indictment under this section, held defective.
Watson v. State, 105 Md. 652. (The decision of the court of appeals of Maryland
held to be final, Watson v. Maryland, 218 U. S. 175.)

An. Code, sec. 129. 1904, sec. 100. 1896, ch. 194, sec. 61.

137. Any citizen of Maryland having information which causes him
to believe that any person has been heretofore wrongfully and improperly
registered as physician or surgeon, or both, upon his application to the
clerk of any court may apply, by petition, to the circuit court of the county
wherein such registration was made, or to the city court of Baltimore city,
if such registration was in Baltimore city, which petition shall be under
oath, and shall state that the petitioner is informed and believes that the
person named therein has been heretofore improperly and wrongfully reg-
istered as physician or surgeon, or both, upon his own application and
affidavit upon the register of physicians or book kept for such purpose in
any court of this State, for the reason (as said petitioner is empowered)
that such person was not lawfully practising medicine in the State of
Maryland as a duly qualified practitioner of medicine in said State en-
titled to be registered as a physician or surgeon upon his own application
to the clerk of said court; and that said petitioner prays that the name of
such person shall be struck from the registry of physicians aforesaid.
Upon the filing of such petition the court or one of the judges thereof shall
pass an order requiring the person therein alleged to be wrongfully or im-
properly registered to answer the same, under oath, on or before a date to
be named within thirty days from the date of such order, and to show
cause, if any there be, why the prayer of such petition should not be
granted, which order shall be served upon 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 registered shall be stricken from the reg-
istry of physicians or surgeons where the same shall have been registered;
but if said petition shall be answered by the defendant, being the person
against whom it is exhibited 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 empanneled to try common
law cases in said court; and the defendant shall be competent and com-
pellable to testify at such hearing, and upon such hearing the court shall