ART. 16] PLEADING,PRACTICE AND PROCESS. 409

set down for hearing on bill and answer only; but an answer under oath
may, nevertheless, be used as an affidavit, with the same effect as here-
tofore, on a motion to grant or dissolve an injunction, to appoint or
discharge a receiver, or on any other incidental motion in the cause.

If specified interrogatories are required to be answered under oath, the
answers, if responsive, are evidence for the defendant. Davis v. Crockett, 88
Md. 256.

If the answers to the interrogatories are not responsive they are entitled
to no consideration, unless sustained by proof at the final hearing. Homer
v. Bell, 102 Md. 445.

Under this section, an answer, although under oath, held not to be evidence
for the defendant. Smith v. Pattison, 84 Md. 343.
See notes to sec. 168.

1904, art. 16, sec. 161. 1888, art. 16, sec. 148. Rule 28.

170. Whenever the answer of the defendant shall not be excepted
to, or shall be adjudged or deemed sufficient, the plaintiff shall file the
general replication thereto within fifteen days thereafter, unless he
shall set the cause down for hearing on bill and answer as to said
defendant or defendants answering; and in all cases where the general
replication is filed, the cause shall be deemed to all intents and purposes
at issue, without any rejoinder or other pleading on either side. If
the plaintiff shall omit or refuse to file such replication within fifteen
days after answer filed, the defendant shall be entitled to a rule further
proceedings within ten days after notice of such rule; and upon failure
to comply with such rule, the defendant shall be entitled to have the bill
dismissed. The form of the general replication shall be as follows:
''The plaintiff joins issue on the matters alleged in the answer of C. D,
so far as the same may be taken to deny or avoid the allegations of the
bill."

Ibid. sec. 162. 1888, art. 16, sec. 149. Rule 29.

171. No special replication to any answer shall be filed. But, if
any matter alleged in the answer shall make it necessary for the plain-
tiff to amend his bill, he may obtain leave to amend the same, upon
application to the court or judge thereof, within such time and upon
such terms as may be prescribed by order.

Ibid. sec. 163. 1888, art. 16, sec. 150. Rule 30.

172. If the plaintiff, so obtaining any order to amend his bill after
answer, or after plea or demurrer thereto, shall not make the amend-
ment within the time allowed, he shall be considered to have abandoned
the leave to amend, and the cause shall proceed as if no application for
such leave had been made. But where such amendment is made, and
new facts are introduced, and the case is thus varied in any material
respect, the defendant shall be at liberty to answer anew, or to plead,
or demur to the bill as amended, within such time as the court or judge
thereof may prescribe, after notice of the amendment made; and notice
may, in all cases, be given by service of a copy of the bill as amended,
upon the defendant, or upon his solicitor, if there be one; or it may be