
    Levi Rogers, Petitioner, versus Benjamin Hill.
    The affidavit of a petitioner for a review is not received, except as to facts excln sively known to himself, or to obtain an order of notice.
    This was a petition for a review. The petitioner, in support of his application, offered his own affidavit, that since the former trial he had learned that a certain witness would have testified to facts, which were material in his defence, and that at the time of the trial he was ignorant of this circumstance.
   The Court

refused to receive the affidavit, saying he should have summoned the witness referred to, or have obtained his deposition. The affidavitof a party petitioning for a review, is not tobe received except when testifying'to facts which can be known but to himself alone, or to obtain an order of notice on his petition.  