1832 ARTICLE 43

An. Code, 1924, sec. 135. 1912, sec. 127. 1904, sec. 98. 1894, ch. 217, sec. 58.

136. If any person shall unlawfully obtain and procure himself to
be registered as physician or surgeon, either by false and untrue statement
contained in his application to the clerk of the court, as required by this
sub-title, or by presenting to said clerk a false or untrue license, or one
fraudulently obtained by false and fraudulent statements made to one of
said boards of medical examiners, he or she shall be deemed guilty of a
misdemeanor, and shall be fined not less than fifty dollars nor more than
five hundred dollars, and shall forfeit all rights and immunities obtained
or conferred upon him by virtue of such registration as physician or
surgeon.

An. Code, 1924, sec. 136. 1912, sec. 128. 1904, sec. 99. 1894, ch. 217, sec. 59.

137. Any person who after the first day of July, 1894, shall practice
or attempt to practice 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. 118.
The receipt of such notice is not necessary to constitute offense of practicing 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 jois
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, 1924, sec. 137. 1912, sec. 129. 1904, sec. 100. 1896, ch. 194, sec. 61.

138. 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 practicing 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;