A mortgagee entitled to exercise the statutory power of sale (h) may well do so by attorney: but any power of attorney given for this purpose must expressly confer either a general authority to sell all property vested in the principal by way of mortgage or a special authority to exercise the mortgagee's power of sale in respect of some particular mortgaged property (i). A power to sell any real or personal property belonging to the principal is not sufficient to authorise the attorney to sell property, of which the principal is only a mortgagee entitled to exercise the statutory power of sale (/<•). And though such a power of attorney authorise the attorney to receive and give receipts and discharges for all moneys due to the principal, that does not constitute the attorney "a person for the time being entitled to receive and give a discharge for the mortgage money " within the meaning of sect. 21, sub-sect. 4 of the Conveyancing Act of 1881 (l), and so enable him to exercise a mortgagee's statutory power of sale vested in his principal; for these words of the Act do not extend to a person entitled as an agent only to give a receipt and discharge (m). The like rule applies, of course, to express powers of sale worded in terms similar to those of the statute.

Sale by the mortgagee's attorney.

Re Dowson and Jenkins's Contract.

(/) Stevens v. Theatres, Ltd., 1903, 1 Ch. 857.

(g) See below, Chap. XII., Sec. 2.

(h) Above, p. 337.

(i) C. A., He Dowson and Jenkins's Contract, 1904, 2 Ch. 219, 224, 22.').

(k) Re Dowson and Jenkins's Contract, 1904, 2 Ch. 219.

(l) Stat. 44 & 45 Vict. c. 41, authorising any person so entitled to exercise the power of sale conferred on mortgagees by that Act.

When property is purchased, to which a mortgagee has become entitled under a decree of foreclosure absolute (n), care must be taken to ascertain that there were not any circumstances, attending the making of the order, which would induce the Court to re-open the foreclosure (o).

Purchase of foreclosed property.

(m) See note (A), p. 344. (n) Wms. Real Prop. 557, 558, 21st ed.

(o) See Campbell v. Holyland, 7 Ch. D. 166; 1 Dart, V. & P. 468, 6th ed.; 478, 7th ed.