KFLCC Kingdom Law 2nd Ed.

REPOSITION OF THE FOREST

1020

REPRESENTATIVE

court of session, when his judgment is brought under review. —False representation. A deceitful repre sentation, or one contrary to the fact, made knowingly and with the design and effect of in ducing the other party to enter into the con tract to which it relates.—Misrepresentation. An intentional false statement respecting a mat ter of fact, made by one of the parties to a contract, which is material to the contract and influential in producing it.—Promissory 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 expectation or even of contract, and amount ing to a promise to be performed after the con tract has come into existence. New Jersey Rub ber Co. v. Commercial Union Assur. Co.. 64 N. J. Law, 580, 46 Atl. 777.—Representation of persons. A fiction of the law, the effect of which is to put the representative in the place, degree, or right of the person represented. Civ. Code La. art. 894. REPRESENTATIVE. Representation la 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 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 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; 2 Steph. Comm. 243. And see Lee v. Dill, 39 Barb. (N. Y.) 520; Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; McCrary r. McCrary, 12 Abb. Prac. (N. Y.) 1.' In constitutional law, representatives are these persons chosen by the people to repre sent th^ir several interests in a legislative body. —Legal representative. A person who, in the law, represents the person and controls the rights of another. Primarily the term meant those artificial representatives of a deceased per son, the executors and administrators, who by law represented the deceased, in distinction from the heirs, who were the "natural" representa tives. But as, under statutes of distribution, executors and administrators are no longer the sole representatives of the deceased as to per sonal property, the phrase has lost much of its original distinctive force, and is now used to de scribe either executors and administrators or children, descendants, next of kin, or distribu tees. Moreover, the phrase is not always 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 of another, it may include an assignee in bankrupt cy or insolvency, an assignee for the benefit of creditors, a receiver, an assignee of a mortgage, a grantee of land, a guardian, a purchaser at execution sale, a widow, or a surviving partner. See Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; Miller v. Metcalf, 77 Conn. 176, 58 Atl. 743; Warnecke v. Lembca, 71 III. 95, 12 Am. Rep. 85; Thayer v. Pressey, 175 Mass. 225, 56 N. E. 5; Thompson v. U. S., 20 Ct. CI. 278; Cox v. Curwen, 118 Mass. 200; Halsey v. Paterson,

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. A storehouse or place wherein things are kept; a warehouse. Cro. Car. 555. REPRESENT. To exhibit; to expose before the eyes. To represent a thing 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. Plummer v. Brown, 64 Cal. 429, 1 Pac. 703; Solon v. Williamsburgh Sav. Bank, 35 Hun (N. Y.) 7. 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. Lee v. Howard Fire Ins. Co., 11 Cush. (Mass.) 324; Augusta Insurance & Banking Co. of Georgia v. Abbott, 12 Md. 348. In relation to the contract of insurance, there is an important distinction between a represen tation and a warranty. The former, which pre cedes 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 Woolen Co. v. Protection Ins. Co., 21 Conn. 19, 54 Am. Dec 309. 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 REPOSITORITJM. REPRESENTATION.