158 SALMON v. CLAGETT —3 BLAND.

to be true, any more than a witness who declines to answer a ques
tion, can be held to admit the facts inquired into, and therefore,

the within named David Bissett and Ann his wife and severally acknow-
ledged the within instrument of writing to be their act and deed and the
lands and premises therein mentioned with their appurtenances, to be the
right and estate of the within named Robert Stokes his heirs and assigns
forever according to the true intent and meaning of the same wilting and
the said Ann, being, by us examined privately out of the hearing of her
said husband declared that she made the above acknowledgment willingly
and freely, and without being induced thereto by fears or threats of or ill
usage from her said husband or through fear of his displeasure signed,
William Smith, John Hall bears also a receipt for the alienation fine dated
the sixth day of December A D seventeen hundred and fifty five and the
clerk s certificate both endoised for the regular recording of the whole
and the said Robert Stokes by deeds of lease and release reconveyed the
right property and inheritance and fee simple of the said several tracts or
parcels of land to the said David Bissett his heirs and assigns forever,
which deeds of lease and release by the said Robert Stokes are severally
regularly executed acknowledged and recorded and the alienation fine paid
in time as in the said seveial deeds of lease and release above recited and
mentioned also in the said bill of complaint, relation being had to each of
them, and here into Court brought ready to be produced if called upon, at
more length and more fully is contained

The said defendant further says that in the Act of Assembly of this Pro-
vince made and past the twenty sixth day of April, A D seventeen hundred
and fifteen, entitled an Act for quieting possessions enrolling conveyances
and securing the estates of purchasers, which stands still in force unre-
pealed there is the following provision for securing femes covert against
dm ess in executing conveyances of their lands and for securing and as-
suring purchasers in then purchases of lands belonging to femes covert in
these words provided always that if any feme covert be named as a grantor
in any such writing indented the same shall not be in force to debate her or
her heirs except upon hei acknowledgment of the same and the person or
persons taking «uch her acknowledgment, shall examine her privately out
of the hearing of her husband, whether or not she doth make her acknow-
ledgment of the same willingly and freely, and without being induced
thereto by feais or threats of or ill usage by her husband, or fear of his dis-
pleasure , and that the person or personb so examining her shall in a note or
certificate of the taking of the said acknowledgment, certify her examina-
tion and acknowledgment thereupon, and that such certificate to be like-
wise enrolled upon record in which case, and by such acknowledgment and
certificate femes covert shall be barred and not otherwise The defendant
fuither says, that the right, property and fee simple of the above tracts of
land, devolved upon and were entered into by him the defendant, as eldest
lawful brother and heir at-law to the said David Bissett, deceased [The
Chancellor's Case 1 Bland 608 note ]

Now therefore this defendant for plea saith that in virtue of the said re-
conveyance of lease and release from the said John Matthews with and
under protestation that he does not disclaim but reserves a power to hold
under and plead the said lease and release from the said Robert Stokes, in the
event and not otherwise that the said conveyance through the said John
Matthews should at anytime hereafter be voided on account of the said lapse
in paying the alienation fee or any other head, imperfection or informality