County Management Act, 1940

Legal proceedings.

32.—(1) In every action or other legal proceeding, whether civil or criminal, instituted in any court of law or equity by or against the council of a county, the county manager for that county shall act for and on behalf of such council and may do all such acts, matters, and things as he may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he were the plaintiff or prosecutor or the defendant therein, and, where such action or other proceeding relates to the exercise or performance by such council of a reserved function of such council, such county manager shall, in the doing of any such act, matter, or thing as aforesaid, act with the express authority of such council, and such authority shall be deemed to have been given unless or until the contrary is shown.

(2) In every action or other legal proceeding, whether civil or criminal instituted in any court of law or equity by or against an elective body, the manager for such elective body shall act for and on behalf of such elective body and may do all such acts, matters, and things as he may consider necessary for the preparation and prosecution or defence of such action or other proceeding in the same manner in all respects as if (as the case may require) he were the plaintiff or the prosecutor or the defendant therein, and, where such action or other proceeding relates to the exercise or performance by such elective body of a reserved function of such elective body, such manager shall, in the doing of any such act, matter, or thing as aforesaid, act with the express authority of such elective body, and such authority shall be deemed to have been given unless or until the contrary is shown.