Section 2248. Acts of Assembly not suspended

(a) These rules shall not be deemed to suspend or affect any Act of Assembly requiring the joinder in an action of a specified number or percentage of electors, taxpayers, stockholders, property owners or other persons.

Official Note

Illustrations of the type of statutes referred to by this subdivision are the Act of June 25, 1919, P. L. 581, Art. IV, § 9(b), 53 P. S. § 12200, requiring twenty qualified electors of a city of the first class to join in a petition to impeach municipal officers; the Act of March 10, 1949, P. L. 30, Art. II, § 242.1, added June 23, 1965, P. L. 139, § 1, as amended, 24 P. S. § 2-242.1, authorizing a majority of the resident taxpayers of an independent school district to file a petition for its abolition; and the Acts of July 28, 1953, P. L. 723, § 1931, 16 P. S. § 4931 and August 9, 1955, P. L. 323, § 1731, as amended, 16 P. S. § 1731, authorizing appeals by ten or more taxpayers from the report of the auditors or the controller of a county of the second to eighth class. The mandatory joinder requirements of these statutes are not affected by these rules.

(b) These rules shall not be deemed to suspend or affect the following Acts of Assembly:

(1) Section 18 of the Act approved May 16, 1923, P. L. 207, No. 153, 53 P. S. § 7186.

Official Note

This section relates to proceedings to enforce a municipal claim.

(2) Section 8411 of the Probate, Estates and Fiduciaries Code, 20 Pa.C.S. 8411.

Official Note

This section relates to the appointment of a guardian for a war veteran.

(3) Section 7540 of the Judicial Code, 42 Pa.C.S. § 7540.

Official Note

This section relates to declaratory judgment proceedings.

The provisions of this Rule 2248 adopted June 7, 1940, effective February 5, 1941; amended June 3, 1994, effective July 1, 1994, 24 Pa.B. 3010. Immediately preceding text appears at serial pages (40101) and (15879) to (15880).