504 ARTICLE 16.

To entitle a party to answer, plead or demur after a decree pro confesso, he must
assign some satisfactory reason under oath for his delay. The sufficiency of such
reasons, and the terms upon which the defendant may be allowed to answer, etc.,
are not reviewable on appeal. This section does not repeal or change the require-
ments of sec. 167, but enlarges them. Belt v. Bowie, 65 Md. 353.

The defendant cannot plead or demur to the whole bill, and at the same time
file an answer to it, nor can he at the same time demur and plead to the whole
bill, or to the same part of it. Frederick County v. Frederick City, 88 Md. 662.

An. Code, sec. 158. 1904, sec. 149. 1888, sec. 136. Rule 18.

173. Pleas are hereby abolished. Every defense in point of law arising
upon the face of the bill or petition, whether from misjoinder, nonjoinder
or insufficiency of fact to constitute a valid cause of action in equity, which
might heretofore have been made by demurrer or plea, shall be made by
demurrer or by answer; and every point of law, raised by demurrer, may
be made to the whole or a material part of the cause or causes of action
stated in the bill. No demurrer shall be allowed to be filed to any bill, or
part thereof, unless it be supported by affidavit that it is not intended for
delay. The form of demurrers shall be substantially as follows: "The
defendant demurs to the whole,"or " to so much of the bill, or petition, or
discovery, or relief," stating the particular part or parts demurred to, and
the special grounds of demurrer. Every defense heretofore presentable by
plea in bar or abatement shall be made in the answer, and may be separately
heard and disposed of before the trial of the principal case in the discre-
tion of the Court. If any defendant demur to the bill, or any part thereof,
the demurrer may be set down for hearing by either party upon five days'
notice, and if overruled the defendant shall answer within five days there-
after, unless a longer time be allowed by the Court. In any case, however,
if the Court or Judge hearing the demurrer shall declare in writing on
overruling the demurrer that he is satisfied that the same was intended for
vexation, or delay, or is frivolous, or unfounded, the bill shall be taken
pro confesso as against the party filing the demurrer, and the matter thereof
proceeded in and decreed accordingly, as provided in these rules with re-
spect to defendants in default.1

Where there are no exceptions to the demurrers referred to in the court below,

and an " additional demurrer " states the grounds of the demurrer and challenges
the petitioner's right to the relief prayed, an order was not reversed because of

such defects in the original demurrers. Continental Trust Co. v. Balto. Refrig.

Co., 120 Md. 460.
The failure to make affidavit that pleas are not intended for delay, is a fatal

defect if seasonably availed of. How such defect should be taken advantage of.

Wagoner v. Wagoner, 76 Md. 313.
When pleas are not verified as required by this section, they cannot properly be

allowed. Turpin v. Dirickson, 105 Md. 625.
Special grounds of demurrer will not be considered on appeal, if they were not

relied upon below. Williams v. Harlan, 88 Md. 7.

An. Code, sec. 159. 1904, sec. 150. 1888, sec. 137.

174. The plaintiff may set down the demurrer or plea to be argued,
or he may take issue on the plea. If, 'upon an issue, the facts stated in
the plea be determined for the defendant, they shall avail him- as far as
in law and equity they ought to be available, but no further.

1 Thus amended by equity rule 18, November 21, 1919, adopted by the court of ap-
peals in accordance with sec. 18 of art. 4 of the Constitution.