
    [Philadelphia, December 14, 1837.]
    Case of the ROAD from THOMAS’S CREEK, &c., in Philadelphia County.
    A special allocatur is still necessary in the ease of a certiorari, to remove proceedings in the Quarter Sessions on the opening of a road in the County of Philadelphia, notwithstanding the provisions of the act of 13th June, 1836, “relating to roads, highways and bridges.”
    Mr. S. M. Phillips
    
    moved to quash the certiorari issued in this case, on the ground that it had been issued without a special allocatur, which ivas required by the act of March 23d, 1829, “ relative to the opening of roads in the County of Philadelphia.
    *Mr. Gfoodman and Mr. KeemU, contra,
    
    contended, that by the general road-law, passed on the 13th of June, 1836, this provision of the .act of 1829 was virtually repealed ; and that by the act of the 16th June, 1836, relating to the jurisdiction and powers of the courts, a 'certiorari is to issue of course.
   But the Court said, that the act of the 13th June; 1836, contained an express saving of special and local acts, apd that a special allocatur was still necessary for the removal of proceedings in the Quarter Sessions, relative to opening of roads in the County of Philadelphia, and therefore

Quashed the writ.

Mr. Keemle then read affidavits, and the exceptions filed in the Court below, as ground for a special allocatur '; but the Court refused it on the merits.  