1238 HEALTH. [ART. 43

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 prayei 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 registry 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 compellable 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 practising medi-
cine in the State of Maryland on or before the date of June
1, 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 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 regis-
tered, and he shall thereupon strike his name from said regis-
try. But the decision upon such petition shall have no force
and effect in any criminal prosecution under this sub-title. *

1902, ch. 612, sec. 61 t

101. Any person shall be regarded as practising medicine
within the meaning of this sub-title who shall operate on or
prescribe for any ailment of another, or who shall append to
his or her name the letters M. D., or prefix the word doctor, or
the abbreviation thereof, Dr., to his or her name, with the

*In the Supplement of 1900, title "Health," sub-title "Practitioners of Medicine,'
pages 339, 340, this section called Section 61 in 1896, ch 194, was numbered 60, and Section
62, of 1896. ch. 191. was numbered 61 B; 1902, ch 612, Section 62 of 1896, ch 194, was
erroneously called 61 (the number being taken from the Supplement), and was repealed
and re-enacted as 61, thus leaving Section 61, as numbered in 1896, ch 194, still in force.
Hence it is retained

t Should have been numbered 62 in 1002, ch 612