180 CHANCERY—PLEADING, PRACTICE, PROCESS. [ART. 161.

Rule 25.

144. 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 answer-
ing the subject of the interrogatory; and he shall be at liberty so-
to decline, notwithstanding he shall answer other interrogatories,
from which he might have protected himself by demurrer; and1
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 answers, or of his exceptions to the answers.

Rule 26.

145. Cross-bills for discovery only shall not be allowed, but
the defendant shall be at liberty, instead thereof, to file interrog-
atories 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 necessary, but the
same may be treated as if incorporated therein. The rules regu-
lating the form of bills shall apply to cross-bills. If no new par-
ties 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.

F. G. L., (1860,) art. 16, sec. 103. 1852, ch. 133. 1853, ch. 344.

146. 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 plain-
tiff at the hearing of the cause, unless the plaintiff shall read