It was a question of fact whether the plaintiff' was unavoidably prevented by accident, mistake, or misfortune from filing his claim in ten days, or whether his omission was-caused by his own fault. Sewell v. Webster, 59 N. H. 586 ; Gitchell v. Andover, 59 N. H. 868, 364; Bolles v. Dalton, 59 N. H. 479; French’s Petition, 17 N. H. 472; Buffum v. Sparhawk, 20 N. H. 81, 83. And that question having been decided against the plaintiff at the trial term, the petition should be denied.

Case discharged.