
    [261] THE STATE v. HENLEY, CLERK, &c.
    No certiorari lies from the Supreme Court to the Common Pleas, to remove an order affirming the return of a road, and a certiorari in such case quashed because issued improvidé.
    
    A certiorari had been issued to the Common Pleas of the county of Gloucester, to remove an order of said court affirming the return of a road laid out by surveyors.
   On a motion to quash the certiorari quia improvidé, &c., it was held by Kinsey, C. J., and Smith, J., (Chetwood, J., absent,) that the act of February 21st, 1794, § 8, prohibited the bringing of a certiorari in such a case, and therefore granted the motion.  