ART. 16] PLEADING, PRACTICE AND PEOCESS. 407

by plea or demurrer, protect himself from such answer and discovery.
And the defendant shall be entitled in all cases, by answer, to insist
upon all matters of defence in law or equity, to the merits of the bill, of
which he may be entitled to avail himself by a demurrer, or plea in
bar; and in such answer he shall not be compellable to answer any other
matters than he would be compellable to answer and discover upon filing
a demurrer or plea in bar, and an answer in support of such plea, touch-
ing the matters set forth in the bill to avoid or repel the bar or defence.
Thus, for example, a bona fide purchaser, for a valuable consideration,
without notice, may set up the defence by way of answer, instead of
plea, and shall be entitled to the same protection, and shall not be com-
pellable to make any further answer or discovery of his title than he
would be required to make in an answer in support of such plea.

1904, art. 16, sec. 156. 1888. art. 16, sec. 143. Rule 24.

165. Special interrogatories to the defendant shall not be incor-
porated in the bill or petition, but shall be appended thereto; and they
shall be divided as conveniently as may be, and numbered consecutively.
And if there be more than one defendant, and the interrogatories are
not intended to be answered by all, it shall be designated which defend-
ant is required to answer the several interrogatories. And in like man-
ner and form, any defendant shall be entitled to file interrogatories to
any of the plaintiffs, after he shall have put in his answer to the bill;
and such interrogatories, either to plaintiff or defendant, and the
answers thereto, shall be deemed part of the pleadings in the cause.
Notice by service of copy, or otherwise, shall be given to the party
required to answer, who shall answer within thirty days from the time
of service, unless the time, for cause shown, be extended by special
order; and answers to such interrogatories may be compelled by attach-
ment.

Ibid. sec. 157. 1888, art. 16, sec. 144. Rule 25.

166. But either plaintiff or defendant shall be at liberty to decline
answering any interrogatory, or part of any interrogatory, when he
might have protected himself by demurrer from answering the subject
of the interrogatory; and he shall be at liberty so to decline, notwith-
standing he shall answer other interrogatories, from which he might
have protected himself by demurrer; and upon such declination, the
plaintiff or defendant may, on three days' notice, set down the matter
for hearing before the court or judge thereof, as on an exception to the
answer for insufficiency But where the interrogatories are not fully
answered, and no reason is assigned for the omission, the particular
objection must be pointed out by exception, to be filed and served at
least five days before the hearing of such exception. The plaintiff or
defendant shall be at liberty, before answers to the interrogatories are
filed, or pending exceptions, to file or require a replication, and proceed
to take testimony, without waiver of his right to such answer, or of his
exceptions to the answers.