(&)  Title  of  affidavits.
Affidavits  for  scire  facias  against  shareholder  of  a  joint  stock  company  are
properly  entitled  as  of  the  original  action.  Edwards  v.  Kilkenny  Railway  Co.,
xci.  786,  787 ;  3  C.  B.  N.  S.  786,  787.
(c)  Jurat  of  affidavits.
t
Affidavit  taken  before  an  attorney  in  Ontario,  under  3  &  4  Wm.  4,  c.  74,  can-
not be  file4.     Re  Arabella  Woodman,  ciii.  631  ;  11  C.  B.  N.  S.  631.
(d)  Other  matters  relating  to  affidavits.
On  motion  for  new  trial,  in  action  of  crim.  con.,  affidavit  of  defendant  received,
but  not  that  of  plaintiff's  wife.     Hawker  v.  Seale,  lxxxiv.  595 ;  17  C.  B.  595.
Affidavit  to  hold  to  bail  good,  though  headed  with  names  of  parties  to  suit,
and  sworn  before  summons.     Hargreaves  v.  Hayes,  lxxxv.  272 ;  5  E.  &  B.  272.
Though  it  claims  for  shares  sold  without  adding  delivered.     Ibid.
Though  it  says  defendant  likely  to  leave,  without  adding  unless  apprehended.
Ibid..
Application  for  leave  to  file  affidavits  in  answer  to  new  matter,  after  argument
has  proceeded,  is  too  late.     Swinfen  v.  Swinfen,  lxxxvii.  364;  1  C.  B.  N.  S.  364.
Affidavit  that  writs  of  fi.  fa.  had  been  returned  nulla  bona,  that  after  proper
inquiries  plaintiff  believed  company  had  no  assets,  and  that  all  due  diligence  had
been  used,  held  sufficient  for  execution  against  shareholder  of  a  joint  stock  com-


PRACTICE,  IV.  (cO— VI.  (a).  355

pany,  under  8  &  9  Vict.     Wyatt  v.  Dayrenth  Valley  Railway  Co.,  Ixxxix.  110 ;

Affidavit,  under  3  &  4  Wm.  4,  describing  applicant  as  "  wife  or  widow,"  is  not
sufficient.     In  re  Anderson,  Ixxxix.  118 ;  2  C.  B.  N.  S.  118.
