Blacks Law Dict. 1st ed

BEPOBT OFFICE

1025 BEPRESENTATIVE PEERS

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 con tract, and must be exactly and literally fulfilled. or else the contract is broken and inoperative. Si Conn. 19. In the law of distribution and de scent. 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, if living; the taking or inheriting per stirpes. 2 Bl. Comm. 217, 517. In Scotch law. The name of a plea or statement presented to a lord ordinary of the court of session, when his judgment is brought under review. REPRESENTATION OF PERSONS A fiction of the law, the effect of which is tc put the repi esentative in the place, degree, or right of the person represented. Civil Code La. art. 894. REPRESENTATIVE. Representation is the act of one person representing or stand ing in the place of another; and he who so represents or stands in the place of another is termed his "representative." Thus, an heir is the reptesentative 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 de ceased testator with respect to his personal ty; and hence the heir is frequently denom inated the "real" representative, and the executor the "personal" representative. Brown; 39 Barb. 516; 2 Steph. Comm. 243. In constitutional law, representatives are those persons chosen by the people to repre sent their several interests in a legislative body. REPRESENTATIVE ACTION OR SUIT. A representative action or suit is one brought by a member of a class of per sons on behalf of himself and theothei mem bers of the class. In the proceedings before judgment the plaintiff is, as a rule, dommus litis, (q. v.,) and may discontinue or compro mise the action as he pleases. Sweet. REPRESENTATIVE DEMOCRACY. A form of government where the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for the benefit of the whole nation. 1 Bouv. Inst. no. 31. REPRESENTATIVE PEERS. Those who, at the commencement of every new

investigation upon which it has been engaged. Brown. REPORT OFFICE. A department of the English court of chancery. The suitors' account there is discontinued by the 15 & 16 Viet. c. 87, § 36. REPORTER. A person who reports the decisions upon questions of law in the cases adjudged in the several courts of law and equity. "Wharton. REPORTS, THE. The name given, par excellence, to Lord Coke's Keports, from 14 Eliz.to 13 Jac. I., which are cited as "Rep." 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 purlieu upon view, were by a second view laid to the for est again, put back into the forest. Man wood; Cowell. REPOSITORIUM. A storehouse or place wherein things are kept; a warehouse. Cro. Car. 555. REPRESENT. To exhibit; to expose before the eyes. To lepresent a tiling 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. REPRESENTATION. In contracts. A statement made by one of two contracting parties to the other, before or at the time of 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 facts or circumstances, relative to the proposed adventure, as are necessary to be communicated to the under writers, to enable them to form a just esti mate of the risks. 1 Marsh. Ins. 450. The allegation of any facts, by the appli cant to the insurer, or vice versa, prelimina ry to making the contract, and directly bear ing upon it, having a plain and evident tend ency to induce the making of the policy. The statements may or may not be in writ ing, and may be either express or by obvious implication 11 Cush. 324; 12 Md. 348. In relation, to the contract of insurance, there is *n important distinction between a representation AM. DICT. LAW—65

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