Representative

Representation is the act of one person representing or standing 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 deceased testator with respect to his personalty; and hence the heir is frequently denominated the "real" representative, and the executor the "personal" representative. Brown; 2 Steph. Comm. 248. And sce Lee v. Dill, 39 Barb. (N. Y.) 520; Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; McCrary v. McCrary, 12 Abb. Prae. (N. Y.) 1.' In constitutional law, representatives are these persons chosen by the pcople to represent their 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 person, the executors and administrators, who by law represented the deceased, in distinction from the heirs, who were the "natural" representatives. But as, under statutes of distribution, executors and administrators are no longer the sole representatives of the deceased as to personal property, the phrase has lost much of its original distinctive force, and is now used to describe either executors and administrators or children, descendants, next of kin, or distributees. 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 bankruptcy 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, 7l Conn. 288, 41 Atl. 815; Miller v. Metcalf, 77 Conn. 176, 58 Atl. 743; Wamecke v. Lembca, 71 III95, 12 Am. Rep. 85; Thayer v. Pressey, 175 Mass. 225, 56 N. E. 5; Thompson v. U. S., 20 Ct. Cl. 278; Cox v. Curwen, 118 Mass. 200; Halsey v. Paterson, 37 N, J. Eq. 448; Merchants' Nat. Bank v. Abernathy, 32 Mo. App. 211; Hogan v. Page, 2 Wall. 607, 17 In Ed. 854 ; Mutuni L. Ins. Co. v. Armstrong, 117 U. S. 591, 6 Sun. Ct. 877, 29 Ij. Eld. 997; Wright v. First Nat. Bank, 30 Fed. Cas. 673; Henderson Nat. Bank v. Alves, 91 Ky. 142, 15 S. W. 132; McLain v. Bedgood, S9 Ga. 793, 15 S. E. 670; Com. v. Bryan, 6 Serg. & R. (Pa.) 83; Barbour v. National Exch. Bank, 45 Ohio St. 133, 12 N. E. 5; Griswold v. Sawyer, 125 N. Y. 411, 26 N. E. 464 ; Lasat-er v. First Nat. Bank (Tex. Civ. App.) 72 S. W. 1054.

— Personal representatives. This term, in its commonly accepted sense, means executors and administrators; but it may have a wider meaning, according to the intention of the person using it, and may include heirs, next of kin, descendants, assignees, grantees, receivers. and trustees in insolvency. See Griswold v. Sawyer, 125 N. Y. 411, 26 N. E. 464 ; Wells v. Bente, 86 Mo. App. 264; Staples v. Lewis, 71 Conn. 288, 41 Atl. 815; Baynes v. Ottey, 1 Mylne & K. 465; In re Wilcox & Howe Co., 70 Co.nn. 220, 39 Atl. 163.

— Real representative. He who represents or stands in the place of another, with respect to his real property, is so termed, in contradistinction to him who stands in the place of another, with regard to his personal property, and who is termed the "personal representative." Thus the heir is the real representative of his deceased ancestor. Brown.

— Representative aetiou or suit. A representative action or suit is one brought by a member of a class of persons on behalf of himself and the other members of the class. In the proceedings before judgment the plaintiff is, as a rule, dominus litis, (g. v.;) and may discontinue or compromise 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 parliament, are elected to represent Scotland and Ireland in the British house of lords; sixteen for the former and twenty-eight for the latter country. Brown.