It is settled that in a civil action a petition for leave to establish in this court the truth of exceptions which have not been allowed by the superior court must be dismissed, if the petitioner has not given ten days’ notice before the time in the term when the exceptions would have been entered if they had been allowed, in conformity with the rule of this court Elwell v. Dizer, 1 Allen, 484. The rule applies equally to erim inal cases. Petition dismissed.