Page:Black's Law Dictionary (Second Edition).djvu/1028

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REPOSITION OF THE FOREST

or “Coke." They are divided into thirteen parts, and the modern editions are in six volumes. including the index.

REPOSITION OF THE FOREST. In old English law. An act whereby certain forest grounds, being made purlicu upon view, were by a second view laid to the torest again, put hack into the forest. Manwood; Cowell.

REPOSITORIUM. A storehouse or place wherein things are kept; a warehouse. Cro. Car. 555.

REPRESENT. To exhibit; to expose before the eyes. To represent a thl.ug is to produce it publicly. Dig. 10. 4, 2. 3.

To represent a person is to stand in his place: to supply his place; to act as his sub- stitute. Piummer v. Brown. 64 Ca]. £9, 1 Pac. 703; Solon v. Wiliiamshurgh Sav. Bank, 35 Hun (N. Y.) 7.

REPRESENTATION. In Contracts. A statement made by one of two contracting parties to the other, before or at the time or making the contract. in regard to some fact, circumstance, or state of facts pertinent to the contract, which is influential in bringing about the agreement.

In insurance. A collateral statement, either by writing not inserted in the policy or by parol, of such (acts or circumstances, relative to the proposed adventure, as are necessary’ to be communicated to the under- writers, to enable them to form a just estim.ite of the risks. 1 Marsh. Ins. 450.

The allegation of any facts, by the applicant to the insurer, or vice versa, preliminary to making the contract, and directly hearing upon it, having a plain and evident tendency to induce the making of the pohcy. The statements may or may not be in writing, and may be either express or by obvious implication. Lee v. Howard Fire Ins. Co., 11 Cush. (Mass) 324; Augusta Insurance 8: Banking Co, of Georgia v. Abbott, 12 Md. 348.

In relation to the contract of insurance, there is an important distinction lJ€tWPEl] I1 representation and a warranty. The former, which precedes the contract of insurance, and is no part of it. need be only materially true: the latter is a part of the contract, and must be exactly and literally fulfilled, or else the contract is broken and inoperative. Glendale V\’ooien Co. .\$'b(?l‘O"i€CLlOl.'i ins. Co., 21 Conn. 19, 54 Am. Dec.

In the law of distribution and de- iicent. The principle upon which the issue of a deceased person take or inherit the share of an estate which their immediate ancestor would have taken or inherited, I1 living; the taking or inheriting per stirpes. 2 Bl. Comm. 217. 517.

In Scotch law. The name of a plea or statement presented to :1 lord ordinary of the

1020

REPRESEKTATIVE

court of session, when his judgment is brought under review.

—I‘alse representation. A deceitful ri-10 seiit-irion, or one contrary to the iaict. iiI1..' knowingly and with the dcsisn and elfcct of iro 0 llIIC‘ilJ{.:‘ the other paity tn enter inlo the mi.- tract to which it rel.)tes.-—lVIi.sx'epx'IzsentaliOi'i. An intentional false stateini-nt rc\‘pc(‘tin:'. a inst ter of fact. made by one of the parties to a contract, which is material to the contract and influenti. in producing it.—Promiiisory rep- resentation. A term used chiefly in insur- ance, and meaning a representation made by the assured concerning what is to happen during the term of the insurance. stated as a matter of cxpectnlion or even of cuntnict and amounting to a promise to be pi-rforuied alter the contrait has come into existence. New Jersey Iiiilr bcr Co. v. Commercial (lninn Assur. Co. 64 S. J. Law. 580. 46 Atl. 7T7.—Representi1tion of persons. A iiclion of the law, the léllekl of nhicb is to put the representative in the pine. decree, or right of the person represented (Tl. Code Ln. art. 894.

REPRESENTATIVE. Representation in the act of one person representing or standing in the place of another; and he who so represents or stand in the place of another is termed his "representative." Thus, an heir is the representative of the ancestor. and an executor is the representative of the testator, the heir standing in the place of his deceased ancestor with respect to his realty, the executor standing in the place of his deceased testator with respect to his personal- ty; and hence the heir is frequently denominated the "real" reprcseiitatire, and the executor the “personal" representative. Brown; 2 Steph. Comm. 243. And see Lea v. Dill, 39 Barb. (N. Y.) 520; Staples v. Lewis, 71 Conn. $8. 41 Atl. 815; McCriiry v. Mccrary. 12 Alib. Prnc. (N. Y.) 1.

In constitutional law, representatives are these persons chosen by the people to represent [lI“iI' several interests in a legislative body.

—Legal representative. A person who, in the law, represents the person and controls the I rights of another. Primarily the term meant those artificial representatives of a deceased person, the executors and administratois_ who by law represented the dcccnsed. in distinctio the heirs, who were the "natur " rep tlves. But as, under statutes of distribution, executors and administrators are no longer the ‘ sole representatives of the dcceased as to [J(‘|" ‘ l

sonai property, the phrase has iost much of its ori,-zinni distinctive force, and is now used to describe either executors and administrators or children, descendants. next of km, or distriliiitees. Moreover, the phrase is not alivavs used in its technical sense nor always with reference to the estate of a decedent: and in such other connections its import must be determined from the context; so that, in its general sense of one person representing another, or succeeding to the rights of another, or standing in the place at snolher, it may iuciude an assiguee in bankrupt- cy or insolvency, an assignee for the beneht of creditors, a receiver, an nssicuce of a mortgage, 8. grantee of land, a guardian, a purchaser at execution sale, a widow, or a surviving partner. See Staples v. ilPWlS. 71 Conn. 299. 41 Atl. 815; Miller v. Metciilf. 77 Conn. 17 58 AH. T-13; WameK'ke v. Lenibca. 71 Ill. ..i. 12 Am. Rep. 9 Th.-ircr v. Pressey. 175 Mass. 225. 56 N. E. Thompson v. U. 5., 20 CL (ll. 278: 00:

Y. Curwen, 118 Mass. 200; Halsey v. Paterson,