HEALTH 1833

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
render judgment with costs against the unsuccessful party. And if it shall
determine that said defendant was not practicing medicine in the State of
Maryland on or before the date of June 1, 1892, not being a lawful prac-
titioner of medicine in said State, on or before said date, it shall pass an
order directing the name of said defendant to be stricken from the registry
of physicians or surgeons, or both, 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. But the decision upon such
petition shall have no force and effect in any criminal prosecution under
this sub-title.

An. Code, 1924, sec. 138. 1912, sec. 130. 1904, sec. 101. 1902, ch. 612, sec. 61. 1908, ch. 120.

139. Any person shall be regarded as practicing medicine within the
meaning of this sub-title who shall append to his or her name the words
or letters "Dr.," "Doctor," "M. D.," or any other title in connection with
his name, with the intent thereby to imply that he or she is engaged in the
art or science of healing, or in the practice of medicine in any of its
branches, or who shall operate on, profess to heal, prescribe for, or other-
wise treat any physical or mental ailment or supposed mental ailment of
another, or who shall for hire or for any gratuity or compensation, either
directly or indirectly to him or her paid, undertake by any appliance,
operation or treatment of whatever nature, to cure, heal or treat any bodily
or mental ailment or supposed ailment of another; or who for any hire,
gratuity or compensation, either directly or indirectly to him or her paid,
by or for any patient, shall undertake to treat, heal, cure, drive away or
remove any physical or mental ailment, or supposed ailment of another, by
mental or other process, exercised or invoked on the part of either the
healer or the patient or both; but nothing herein contained shall be con-
strued to apply to gratuitous services, nor to any resident or assistant resi-
dent physicians or students at hospitals in the discharge of their hospital
or dispensary duties, or in the office of physicians, or to any physician or
surgeon from another State, territory or district in which he resides when
in actual consultation with a legal practitioner of this State; or to com-
missioned surgeons of the United States army, or navy, or insane hospital
service, or opticians or chiropodists, or to midwives, or to masseurs, or
other manual manipulators who use no other means; nor shall the pro-
visions of this sub-title apply to physicians or surgeons residing on the
borders of a neighboring State, and duly authorized under the laws thereof
to practice medicine or surgery therein, whose practice extends into the
limits of this State; provided, that such practitioners shall not open an
office or appoint places to meet their patients or receive calls within the
limits of this State without complying with the provisions of this sub-
title ; provided, that the same privileges be accorded to licensed physicians
of this State; provided, further, that nothing in this sub-title shall annul
any of the provisions of article 32, title "Dentistry," nor shall apply to
any registered graduate of dental surgerv now practicing in the said State