31. Strict construction of instrument conferring authority.

An instrument conferring authority by deed is termed a power of attorney1. The person conferring the authority is termed the donor of the power, and the recipient of the authority, the donee. A power of attorney is construed strictly by the courts, according to well-recognised rules2, regard first being had to any recitals which, showing the general object, control the general terms in the operative part of the deed3.

General words used in conferring the power are construed as limited by reference to the special powers conferred4, but incidental powers necessary for carrying out the authority will be implied5. Thus