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Session Laws, 1962
Volume 651, Page 141   View pdf image (33K)
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J. MILLARD TAWES, Governor 141

may appeal to the Baltimore City Court if he resides in Baltimore
City or to the circuit court of the county where he resides,
[file
suit within thirty days after receiving notice of the Board's order
to annul or vacate the order of the Board. The suit shall be filed
against the Board as defendant and service of process shall be
upon either the chairman or secretary of the Board. ] The [suit]
appeal shall be tried as other civil cases; the burden of proof is
upon the [plaintiff] person assailing the order of suspension, re-
vocation or reprimand. The Board may become a party to such
appeal.

SEC. 29. And be it further enacted, That Section 280 of Article
43 of the Code, title "Health", sub-title "Poison Law" be and it is
hereby repealed and re-enacted, without amendments, to read as
follows:

280.

The Maryland State Department of Health may, by regulation,
whenever, in its opinion, such action becomes necessary for the
protection of the public, prohibit the sale of any poison, subject to
the provisions of this subtitle, except upon the original written
order or prescription of a lawfully authorized practitioner of medi-
cine or of veterinary medicine or of dentistry; and whenever, in
the opinion of the said State Department of Health, it is in the
interest of the public health, it is hereby empowered, to adopt
rules and regulations, not inconsistent with the provisions of this
sub-title, further restricting or prohibiting the retail sale of any
poison, which said rules and regulations must be applicable to all
persons alike, and it shall be the duty of the said State Department
of Health, upon request, to furnish any person, authorized by this
sub-title to sell or dispense any poisons, with a list of all articles,
preparations and compounds, the sale of which is prohibited or
regulated by this sub-title.

The powers and duties of the Maryland Board of Pharmacy with
reference to notice and hearing under the provisions of Section
277 of this sub-title, shall be vested in and imposed upon the State
Department of Health with respect to all orders, rules and regu-
lations passed or promulgated under the provisions of this section;
and the provisions of said Section 277 relating to appeals to the
Circuit Court of Baltimore City or the Circuit Court No. 2 of Bal-
timore City shall likewise be applicable to the orders, rules and
regulations passed under the provisions of this section.

SEC. 30. And be it further enacted, That Section 27 of Article 47
of the Code, title "Insolvents" be and it is hereby repealed and
re-enacted, with amendments, to read as follows:

27. [If any real estate, chattel, real or personal property of the
insolvent shall have been decreed to be sold by virtue of any
decree of any court of equity for the enforcement of a mortgage,
or i] If there be a power of sale, or a consent to a decree for a
sale contained in any mortgage, or bill of sale of real estate,
chattels real or personal property of the insolvent, as the case
may be, the filing of the petition in insolvency, either by or against
the insolvent, as hereinbefore provided, and the subsequent proceed-


 

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Session Laws, 1962
Volume 651, Page 141   View pdf image (33K)
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