CHANCERY. 507

An. Code, sec. 166. 1904, sec. 157. 1888, sec. 144. Rule 26.

181. Either plaintiff or defendant shall be at liberty to decline answer-
ing an interrogatory, or part of an interrogatory which he shall consider or
be advised by counsel relates to matters which are not admissible or proper,
or from disclosing which he is protected by law; and he shall be at liberty
so to decline notwithstanding he shall answer other interrogatories; 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. But
when interrogatories, or any of them are not fully answered, the objection
to the insufficiency of the answer may be set down for hearing before the
Court or Judge upon motion to be filed in which the particular objections
to the answer shall be pointed out, and the objections shall be heard by the
Court at such time and upon such notice as the Court or Judge may deem
reasonable. The plaintiff or defendant shall be at liberty, before answers
to the interrogatories are filed, to proceed to take testimony, without
waiver of his right to such answers, or of his motion respecting the same.1

An. Code, sec. 167. 1904, sec. 158. 1888, sec. 145.

182. Cross-bills for discovery only shall not be allowed, but the defen-
dant shall be at liberty, instead thereof, to file interrogatories to the plaintiff,
as provided in the preceding section. In other cross-bills, no other reference
shall be made to the matters contained in the original bill than shall be neces-
sary, but the same may be treated as if incorporated therein. The rules
regulating the form of bills shall apply to cross-bills. If no new parties are
introduced, service of a copy of the cross-bill on the solicitor of the plaintiff
or plaintiffs in the original bill shall be sufficient. But where other persons
are made parties, the service or notification shall be the same as provided
in respect to notice or service of process upon defendants in original bills,
together with the cross-bill.

An. Code, sec. 168. 1904, sec. 159. 1888, sec. 146. 1852, ch. 133. 1853, ch. 344.

183. It shall not be necessary for any defendant to make oath to his
answer unless required by the plaintiff, nor shall any answer, whether
sworn to or not, be evidence against the plaintiff at the hearing of the cause,
unless the plaintiff shall read such answer as evidence against, the defendant
making the same; but this section shall not apply to motions to dissolve
an injunction or to discharge a receiver.

When, answers are not required to be under oath, though they are under oath,
they have the same effect as if they were not. The only way of setting up the in-
sufficiency of an answer, whether it is under oath or not, is by exceptions. Excep-
tions erroneously overruled. Coan v. Cons. Gas E. L. & P. Co., 128 Md. 531.

This section must be read as applying only when an answer under oath is re-
quired, and sec. 184, as applying only when an answer under oath is not required.

When an answer is required to be under oath, it will only be evidence against
the plaintiff if read by him at the hearing. When the answer is not required to be
under oath, if it is under oath, it will be evidence for the defendant when the case
is heard on bill and answer. Whether the answer is evidence or not, it forces the
plaintiff to prove such allegations of the bill as are denied. Davis v. Crockett, 88
Md. 255.

1 Thus amended by equity rule 26, November 21, 1919, adopted by the court of ap-
peals in accordance with sec. 18 of art. 4 of the Constitution.