y council has the same power of opposing bills in parliament
and of prosecuting or defending any legal proceedings necessary for
the promotion or protection of the interests of the inhabitants of a
county as are conferred on the council of a municipal borough by the
Borough Funds Act 1872, with this difference, that in order to enable
them to oppose a bill in parliament at the cost of the county rate, it
is not necessary to obtain the consent of the owners and ratepayers
within the county. The power thus conferred is limited to opposing
bills. The council are not authorized to promote any bill, and
although they frequently do so, they incur the risk that if the bill
should not pass the members of the council will be surcharged
personally with the costs incurred if they attempt to charge them to
the county rate. Of course if the bill passes, it usually contains a
clause enabling the costs of promotion to be paid out of the county
rate. It must not be supposed, however, that the county council have
no power to institute or defend legal proceedings or oppose bills save
such as is expressly conferred upon them by the Local Government Act.
In this respect they are in the same position as all other local
authorities, with respect to whom it has been laid down that they may
without any express power in that behalf use the funds at their
disposal for protecting themselves against any attack made upon their
existence as a corporate body or upon any of their powers or
privileges.

By-laws.

The county council have also the same powers as a borough council of
making by-laws for the good government of the county and for the
suppression of nuisances not already punishable under the general law.
This power has been largely acted upon throughout England, and the
courts of law have on several occasions decided that such by-laws
should be benevolently interpreted, and that in matters which directly
arise and concern the people of the county, who have the right to
choose those whom they think best fitted to represent them, such
representatives may be trusted to understand their own requirements.
Such by-laws will therefore be upheld, unless it is clear that they
are uncertain, repugnant to the general law of the land, or manifestly
unreasonable. It may be mentioned that, while by-laws relating to the
good government of the county have to be confirmed by the secr