The facts admitted by the demurrer *356would not authorize the rejection of the report of the referee; a fortiori, the Court will not grant a review. The "mistake” alleged was the fault of the petitioner’s counsel,- which the Court will not cure.

It does not appear that the newly discovered evidence is admissible, or that it is not cumulative; nor is the Court furnished with the whole evidence before the referee, to enable it to determine whéther the evidence is cumulative.

Exceptions overruled.