case king against clarke No restitution on remove a indictment of forcible  entry indictment for a forcible entry upon Felton a tenant for term of year  under Mr Gower remove by certiorari hither I be of counsel with Mr Gower move  for restitution accord to the statute Mr pollexfen therefore move for clarke  that the indictment be nought and so be erroneous we ought not to have  restitution and the exception he take be that it be say adtunc et thus far to  hold which can not be after expulsion shower KB but afterward we move it again  at another day when the Lord chief justice be absent Wythens justice be of  opinion that be no exception for notwithstanding the force away and expulsion  Felton continue tenant to Gower and yet they pretend a title and we offer to  accept a declaration and try the title in ejectment it be order that if they  be nonsuit or a verdict pass against they or if they do not try the cause  within the term we shall have restitution and accord they not try the cause we  have a restitution and recover our possession however as to the exception see  king v Skei and other in Bulst where it be disseizivit I S de c adtunc et thus  far book tenement his existent which if it be thus far book tenement suum  there can be no seize and by consequence a repugnancy and therefore the  indictment hold nought but in our case it be a indictment not for the seize of  a freeholder but for the expulsion of a tenant for year by the statute of king  James and he may be expel or evict by a stranger and yet continue tenant to  his landlord therefore quaere notam ind that if such a indictment be nought no  restitution ought to be though the force be find nay the indictment if faulty  shall be quash upon motion after restitution grant and in such case a  restitution shall be award shower KB hilary term the thirtysixth and  thirtyseventh of Charles the second in the king bench sir George jefferies Knt  chief justice sir Francis Wythens Knt sir Richard Holloway Knt sir Thomas  Walcot Knt justice sir Robert sawyer Knt attorney general sir Heanage finch  Knt solicitor general