Case of the Road from the North end of Erie Street

The opinion of' the court was delivered by

Tilghmau, C. J.

This cause has been brought before us by a certiorari to the Court of Quarter Sessions for the county of Mercer, and it appears by the record, that an order was made by the-said court, to lay out a public road through an out lot, contain? ing about five acres, and included within the limits of the borough of Mercer. Whether the' court had power to lay out this road, is-the question. The town of Merder was laid out, by virtue of an act passed the 24th of March, 1803, by certain persons named, in the said act, who were the'reby…