The Law And Practice On Proceedings By Landlords to Recover Possession of Demised Premises, On the Non-Payment of Rent Or Expiration of the Term : With An Appendix of Forms

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Sinclair, 1 How. 106; Popham «. Baker, id. 166; Colgate V. Marsh, 2 id. 137 ; and, to the contrary effect, see Colver V. Van Yalen, 6 id. 102, and cases there cited). Semble, that if the affidavit were re-sworn it would be a new affidavit.
Sec. SO.^Affidavit should be used promptly/. — There should not be a long interval between the making the affidaAdt and the application for the summons, for in the meantime the circumstances of the case may be changed. This is a general rule : Oa THE AITTOAYI
...T.
thus, in case of hateas corpus, the affidavit on which the writ issued was sworn on the 13th of Septem- ber, and the writ was not issued until the 16th, — ^the court said an affidavit of a later date should have been produced (The People v. Burtnett, 13 Abb. 9, and see Brian v. Casey, 2 Abb. 416)..
Seo. 31. — Of the affidavit on a prooeedmg for i holdmg over. — The affidavit on a proceeding against a tenant for holding over his term, besides compli- ance with the preceding sections in the matter of the venue, the deponent and his description, the terms of the letting, the description of the premises, the hold- ing over and continuing in possession, the absence of pei'mission, the names of the parties proceeded against, the jurat and the subscription, &c.


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