
    Margaret Burginhofen against Thomas Martin.
    Court in examining the proceedings of justices of the peace, will call in the aid of affidavits, to see whether they have exceeded their jurisdiction. Supreme Court have the power of reviewing their proceedings, in cases where no appeal is given to the party. Their jurisdiction is only abridged by the express negative words of a statute.
    Certiorari to John Huston, esquire, one of the justices of the peace of Philadelphia county.
    To this, a short return was made. That on the 27th September 1802, a warrant issued for a debt under 40s. Judgment was given for the plaintiff for il. ns. iojd. debt, and 3s. 6d. costs, and that execution issued on the same day against the defendant.
    Mr. Ingersoll for the defendant
    objected, that this was the case of rent, and that the jurisdiction of justices of the peace, in such cases, was at an end, on the 27th September 1802, when the warrant issued. The act of 1 st March 1799, in the 2d section, gave jurisdiction to justices of the peace, where the rent did not exceed 53^ dollars; but by the limitation in the 8th section, it expired on the 6th April 1802. Consequently, the proceeding was coram non judice, and merely void.
    Mr. Rawle for the plaintiff,
    answered, that it did not appear on the face of the proceedings, that the demand was made for rent; and that the fact was not admitted by him,
    
      Cited in 9 S. & R. 29S in support of the proposition that the jurisdiction of a court of record cannot be taken away but by express negative words.
    Cited in x Ash. 232 ; 4 Watts 306.
   Per cur.

Then the fact must necessarily be ascertained by affidavits, to be laid before us.

Shippen, C. J.

added. It is justly taken for granted by the counsel in this court, that we possess the power of examining the proceedings of justices of the peace, in cases where the demand is under 40s., though the law does not give the party an appeal to the Court of Common Pleas. This point was solemnly determined by Kinzey, Chief Just, .many years ago, on a suit brought by Samuel Hasell, treasurer of the city corporation, on a bye law for measuring grain. The jurisdiction of superior courts, is only abridged by the express negative* words of a statute. To prevent gross injustice in a variety of [*480 instances, the power of reviewing the acts of inferior tribunals must necessarily be exercised by the Supreme Court. 
      
       B. R. is not ousted of its jurisdiction but by express words, as where a statute says, such a matter shall finally be determined by the Quarter Sessions only, and that no other court shall intermeddle, certiorari lies notwithstanding these negative words. 2 Burr. 1042. 1 Bl. Rep. 231. T. Jon. 53. Sav. 134.
     