Municipalities — Boroughs — Ordinances — Court of quarter sessions — Practice — Motion to strike off ordinance as invalid — Timeliness — Act of May 18, 1933, P. L. 818.
A proceeding in the court of quarter sessions to strike off, as invalid, a borough ordinance, must be instituted within thirty days after the ordinance takes effect: Act of May 18, 1933, P. L. 818, § 1.
OPINION PER CURIAM, May 29, 1957:
This appeal is from a proceeding which was instituted in the court below by a motion to strike off, as invalid, a borough ordinance more than a year after the effective date of the ordinance. By statutory requirement, such a proceeding must be instituted within thirty days after the ordinance takes effect. See Act of May 18, 1933, P.L. 818, 53 P. S. § 12900 (pkt. part). The court below should, therefore, have summarily dismissed the motion as having been lodged out of time.
Appeal dismissed.