460 CRIMES AND PUNISHMENTS. [ART. 27.

Abortion.

1868, ch. 179, ch. 2.

3. Any person who shall knowingly advertise, print, publish,
distribute or circulate, or knowingly cause to be advertised, printed,
published, distributed or circulated, any pamphlet, printed paper,
book, newspaper notice, advertisement or reference containing

words or language, giving or conveying any notice, hint or refer-
ence to any person, or to the name of any person, real or fictitious,
from whom, or to any place, house, shop or office, where any
poison, drug, mixture, preparation, medicine or noxious thing, or
any instrument or means whatever, for the purpose of producing
abortion, can be procured, or who shall knowingly sell, or cause
to be sold any such poison, drug, mixture, preparation, medicine
or noxious thing or instrument of any kind whatever; or from
whom any advice, direction, information or knowledge may be

obtained for the purpose of causing the miscarriage or abortion of

any woman pregnant with child, at any period of her pregnancy,
or shall knowingly sell or cause to be sold any medicine, or who
shall knowingly use or cause to be used any means whatsoever
for that purpose, shall be punished by imprisonment in the peni-
tentiary for not less than three years, or by a fine of not less than
five hundred dollars nor more than one thousand dollars, or by
both, in the discretion of the court; and in case of fine being im-
posed, one-half thereof shall be paid to the State of Maryland, and

one-half to the school fund of the city or county where the offence
was committed; provided, however, that nothing herein con-
tained shall be construed so as to prohibit the supervision and
management by a regular practitioner of medicine of all cases of
abortion occurring spontaneously, either as the result of accident,

constitutional debility, or any other natural cause, or the pro-
duction of abortion by a regular practitioner of medicine when,
after consulting with one or more respectable physicians, he shall
be satisfied that the foetus is dead, or that no other method will
secure the safety of the mother.

Hayes v. State, 40 Md. 63o. Lamb v. State, 67 Md. 524.

1868, ch. 179, sec. 3.

4. It shall be the duty of the judges of the several circuit
courts of this State and of the criminal court of Baltimore, to