Nothing in this act shall be construed to give authority to any of the courts of the commonwealth to vacate any lane, street or highway within any city, borough, town plot, or any town or village laid out by the late proprietaries or by any other person, and dedicated to the public use; nor to vacate any cart-way laid out by the order of court, and not repairable at the charge of the public, nor shall such authority extend to any road, way or passage claimed by any person as a private right, nor to rivers or streams of water.
36 P.S. § 1986