Borough of Quakertown

The opinion of the court was delivered

by Woodward, J.

The acts of assembly giving the Quarter Sessions and grand juries the power, to incorporate boroughs have not in terms taken away our superior powers and duties, and therefore we cannot deny to parties the common law writ of certiorari. But it has been often asserted, as a principle, that nothing can be heard on certiorari excepting what appears of record, and the legislature have not thought proper to subject the Quarter Sessions to the operation of bills of exception. There is no way in which testimony, or the ruling of the court touching…