amount and particulars thereof possessed by him, and what part thereof is now in his hands, and how much thereof has been disposed of by him in payment of the said testator's funeral and testamentary expenses and debts; and what debts, and to what amount, still remain unsatisfied, and whether they are debts by simple contract or specialty. And that an account may be taken, by and under the decree of this honorable court, of the said debt so due to your orators as such copartners as aforesaid, and of all other debts which were owing by the said testator at the time of his death, and which still remain unpaid. And that an account may also be taken of the said testator's personal estate and effects received by, or for the use of the said Isaac Clark as such executor as aforesaid; and that the personal estate and effects of the said testator may be applied in payment of his said debts in a due course of administration. And that so much thereof as shall remain, after payment of the said testator's debts by specialty, may be applied in or towards the payment of the said debt so due to your orators as aforesaid, and the debts of all other unsatisfied creditors of the said testator, by simple contract, who shall come in and contribute to the expense of this suit, in proportion to their respective demands; and in case it shall appear that the whole, or any part of the said testator's personal estate, has been exhausted, or applied in or towards the payment of his specialty debts, and that the residue thereof is not sufficient to answer the debts of your orators, and the said testator's other debts on simple contract; then that it may be declared that your orators and the other creditors by simple contract of the said testator ought to stand in the place of the said testator's creditors by specialty, who have had, or shall have, a satisfaction for their debts out of the said personal estate, and may have satisfaction out of the said real estate for so much of their respective debts as his personal estate shall be deficient to answer, by reason of the same having been exhausted or applied, in or towards the payment of his debts by specialty; and that the same may be decreed accordingly; and that the said real estates may be sold or mortgaged for that purpose; and that all proper parties may be decreed to join in such sale or mortgage, and that the money to arise from such sale or mortgage may be paid to your orators and the said other creditors by simple contract accordingly. And that your orators and the said other unsatisfied creditors by simple contract of the said testator, may have such further and other relief in the premises as to your honors may seem meet, and the circumstances in this case require. May it please (concluding as in Form No. 4277).

INDEX TO FORMS.

LACHES.

Raised by answer, 12554, 12555.
Raised by demurrer, 12556.

LANDLORD AND TENANT.

Account, 12657.

Action against third person for dealing with property subject to lien, 12739-

12742.

Action to recover possession of premises, 12557 et seq.

Action to recover rent in personam, 12657 et seq.

Actions in tort, 12776 et seq.

Actions on contract other than for rent, 12749 et seq.

Affidavit, 12586-12591, 12726-12731.

Affidavit of appeal, 12656.

Affidavit of tenant, 12734.

Answer denying knowledge of lien, 12742.

Answer of landlord to rule on sheriff for money collected on distress war-

rant, 12725.

Answer or plea, 12641, 12642, 12770-12775.

Appeal, 12563-12565.

Assignment of lease before rent due, 12687, 12688.

Assumpsit, 12658, 12659.

Bond of tenant, 12735.

By tenant, 12708 et seq.

By third person, 12724.

Claim, 12732.

Complaint, 12557, 12739-12741.

Complaint, declaration or petition, 12593 et seq., 12736, 12757-12769.

Condition precedent unperformed by landlord, 12689.

Conversion of articles connected with leased premises, 12776.

Counter-affidavit, 12592.

Covenant, 12660, 12661.

Cutting down and destroying timber, 12777.

Debt, 12662-12665.

Declaration, complaint or petition, 12657 et seq.

Demand or notice, 12566 et seq.

Denying payment, 12707.

Distress for rent, 12708 et seq.

Docket entry of justice, 12560.

LANDLORD AND TENANT- Continued.

Ejectment, 12557 et seq.

Entering and tearing down premises, 12778-12780.
Eviction, 12690.

Expiration of landlord's interest in premises, 12691.
Failure not to commit waste, 12756.

Failure to board landlord, 12749.

Failure to make improvements, 12750.

Failure to pay taxes, 12754.

Failure to repair, 12751-12753.

Failure to use premises in tenant-like manner, 12755.
False representation as to fitness of premises, 12692.
Forms under the codes and practice acts, 12666 et seq.

Infancy, 12693.

Indictment for removing property subject to lien, 12745-12748.
Issue framed, 12737.

Judgment, 12645-12647, 12561, 12738.

Landlord against tenant, 12749-12756, 12776, 12777.

Landlord against third person, 12784.

Lien for rent, 12726 et seq.

Negligence in leasing premises, 12781, 12782.

Notice or summons, 12622 et seq.

Nuisance, 12783.

Payment, 12694.

Petition, 12743.

Plea of eviction, to, 12705, 12706.

Plea or answer, 12687 et seq.

Possession withheld, 12695-12697.

Preventing removal of timber, 12785.

Proceedings to enforce lien, 12726 et seq.

Relation of landlord and tenant did not exist, 12698.

Replevin by tenant's purchaser against sheriff claiming under landlord's

lien, 12743, 12744.

Replevin of goods distrained, 12708 et seq.

Replication, 12705 et seq.

Replication denying knowledge of lien, 12744.

Set-off: Failure to repair, 12699-12701.

Summary process or unlawful detainer, 12566 et seq.

Summons, 12558.

Surrender, 12702.

Tenant against landlord, 12757-12775, 12778-12783.

Tenant against third person, 12785-12788.

Third person against landlord, 12789.

Traverse of assignment to defendant, 12703.

Trespass, 12786-12788.

Verdict, 12643, 12644.

Want of power by landlord to execute lease, 12704.

Warrant of arrest, 12559.

Writ of restitution, 12562, 12648-12655.

Writ of warrant, 12733.

LARCENY.

Animals, 12825-12835.

Articles belonging to different persons, 12821-12824.

At a navy-yard, 12904.

At fire, 12886, 12887.

Attempt to commit larceny, 12921, 12922.

Attempt to commit larceny from the person, 12922.

Before county court, 12795.

Before justice of the peace, 12790–12792.

Before municipal court, 12793.

Before police court, 12794.

Before prosecuting attorney, 12796.

Being common receiver, 12944.

Bill of sale, 12945.

Bills of exchange, 12874-

Birds, 12836, 12837.

Bonds, 12878, 12879.

Bringing stolen property into county, 12925, 12926.
Bringing stolen property into state, 12923, 12924.
Car, 12898.

Conveyance, 12899.

Criminal complaint, 12790-12796, 12911, 12927.

Crops, 12838-12842.

Deed of conveyance, 12880.

Driving stock from county without certificate, 12945, 12946.

Dogs, 12834, 12835.

Domestic animals, 12825-12833.

Electricity, 12843.

Failure to make report of animals slaughtered, 12947.

Fish, 12844.

From building, 12888-12897.

From the person, 12911-12917.

Gas, 12845.

Indictment or informaton, 12801 et seq., 12849-12859, 12863-12866, 12875-

12877, 12912-12917, 12928-12943.

In general, 12790, 12801, 12867, 12921, 12922, 12927.

Justice of the peace, 12797-12799.

Letter-box, 12905.

Logs, 12846.

Mayor, 12800.

Mineral specimens, 12847.

Money, 12848--12859.

Newspapers, 12860.

Officer, 12871.

Oysters, 12861.

Post-office, 12906-12908.

Private building, 12888-12897.

Promissory notes, 12881.

Property part of the realty, 12862-12866.

Public building, 12897.