
    The same Cause.
    LEWIS moved in arrest of judgment, on two grounds: 1st. For that the indictment stated, “that the prosecutor was seized in his demesne as of fee,” without saying when he was seized; so that it might be he was seized at the time of the indictment found, and not at the time of the forcible entry.-2d. For that the indictment stated “that he was seized in his demesne as of fee,” and “his peaceable possession thereof as aforesaid continued until &c.” which is repugnant and inconsistent, in as much as he could not be both seized and possessed at the same time.
   But

the Court

over-ruled both objections: And M‘Kean C. J. said, that the words, “his peaceable possesion thereof as aforesaid,” were surplusage and ought to be rejected. 
      
       See 1 Inst. 303. 4.
     