340 HEALTH. [ART. 4S

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 compellable to testify at
such hearing, and upon such hearing the court shall render judg-
ment with costs against the unsuccessful party. And if it shall
determine that said defendant was not practising medicine in the
State of Maryland on or before the date of June 1st, 1892, not
being a lawful practitioner of medicine in said State, on or before
said date, it shall pass an order directing the name of said defend-
ant 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 article.

1896, ch. 194.

61. The term, "Practising Medicine or a Practitioner of Medi-
cine, " when used with respect to the qualifications of a practi-
tioner or applicant to be registered under this article, shall be
construed to mean the "practice of medicine" as a profession or
means of livelihood, and by one duly licensed or registered. If
a license or register by law at the time when such practise is
alleged or claimed, or by one otherwise duly qualified to practise
medicine, if other qualifications were required by law at such
date.

Ibid.

62. It shall be the duty of the secretary of either or both of
said State boards of medical examiners to inquire into all viola-
tions of law under this article, and to institute all proceedings or
prosecutions thereof, and all expenses incurred by any secretary
of either of such boards hereunder, shall be allowed and paid
out of the funds acquired by or belonging to said boards respect-
ively.