ART. 16] PLEADING, PRACTICE AND PROCESS. 427

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

157. But either plaintiff or defendant shall be at liberty to
decline answering any interrogatory, or part of any interroga-
tory, when he might have protected himself by demurrer from
answering 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; 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.

Ibid. sec. 145. Rule 26.

158. Cross-bills for discovery only shall not be allowed, but
the defendant shall be at liberty, instead thereof, to file inter-
rogatories 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 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 orig-
inal bills, together with the cross-bill.

Ibid. sec. 146. 1860, art. 16, sec. 103. 1852, ch. 133. 1853, ch. 344.

159. 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 dis-
solve an injunction or to discharge a receiver.

Coale v. Chase, 1 Bl 136. Salmon v. Clagett, 3 Bl. 125. Bellona Co 's
Case, 3 Bl. 442. Washington University v. Green, 1 Md. Ch. 97. Wood v.