represent

To state or assert. To act as substitute or agent for another.

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

1. To represent a person is to stand in his place, to act his part, exercise his right, or take his share. Representation: the standing in the place, acting the part, exercising the right, or taking the share, of another person. Representative: one who thus stands for another. Representation is, in most of its uses, a somewhat higher or stronger term than agency. The present continuing authority of a representative is, in general, derived from the law, not merely from the will of the constituent. 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. So, for the purposes of intestate succession to any one, the children of a deceased relative are, within certain degrees, allowed to represent their parent. Thus, if a man die, leaving a brother A, and the children of a deceased brother B, the children of B are said to take by representation. In legislation, representatives are persons chosen by the electors to exercise the rights of the people in the popular branch; and, in international law, an ambassador or public minister is said to represent his sovereign. The term representatives, in an endowment policy of life insurance not expressed to be for the benefit of any third person, was held to include the administrator of the estate of the assured. Wason v. Colburn, 99 Mass. 342. The expression personal representative, in its ordinary sense, means executor or administrator, and does not include ordinary agents. Atkinson v. Duffy, 16 Minn. 45. A person appointed by the court as a substitute for a deceased trustee is not a representative of the deceased. Guery v. Kinsler, 3 6'. C. 423. The terms a representative or a personal representative, within the meaning of a statute governing the competency of a party to the record as a witness, when the adverse party is a personal representative of a deceased person, should be confined to executors or administrators, and not extended to embrace a guardian in socage, heir, dowress, &c. Mc Cray v. Mc Cray, 12 Abb. Pr. 1. A representative is one who occupies anotlier's place, and succeeds to his rights. Executors and administrators represent, in matters in which the personal estate is concerned, the person of the testator or intestate; and so does the heir that of the ancestor. Representatives of a deceased person are either real or personal, the former being the heirs at law, and the latter being ordinarily the executors or administrators. The term representative includes both classes. Lee V. Dill, 39 Barb. 516; 16 Abb. Pr. 92. See further, on the meaning of the word in such a statute, Buckingham v. Andrews, 2. To represent facts is to narrate, recount, or state them; and representation is an account, narrative, or statement of matters of fact. Representative is not used in this meaning; nor is the verb represent in frequent use, as technical; but representation is an important term in insurance law, to denote any statement of facts made by either of the parties to a policy of insurance to the other, whether in writing or orally, expressly or by implication, preliminarily and in reference to making the insurance, obviously tending to influence the other as to entering into the contract. The term represent, in the sense of to declaije facts, does not import a promise. Cooper V. Landon, 102 Mass. 58. In relation to the contract of insurance, there is an important distinction between a 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 Woollen Co. v. Protection Ins. Co., 21 Conn. 19. s. P. Witherell v. Maine Ins. Co., 49 Me. 200; State, &c. Ins. Co. V. Arthur, 30 Pa. St. 315; Lycoming Ins. Co. V. Mitchell, 48 Id. 367. The representations of the insured are not to be taken as warranties, so that the slightest variation would release the insurers, but as statements of facts, which do not release the insurers unless they are materially different from the truth, and that in a way which increases the risk. NicoU v. American Ins. Co., 3 Woodb. ^M. 529. In contracts of insurance, a representation differs from a warranty and from a condition expressed in the policy, in that the former is part of the preliminary proceedings which propose the contract, and the latter is part of the contract wlien completed. The validity of the contract depends upon the fulfilment of the warranties and conditions, and non-compliance therewith is an express breach, which of itself avoids the contract; whereas a misrepresentation, to avoid the policy, must have been made with a fraudulent intent, or with respect to some material matter. Dewees V. Manhattan Ins. Co., 34 N..J. L. 244. A statement in an application for insurance is to be considered a representation rather than a warranty, unless it is clearly made a warranty by the terms of the policy, or by some direct reference therein. Daniels V. Hudson River, &c. Ins. Co., 12 Cush. 416; Wilson v. Conway Fire Ins. Co., 4 R. I. 141. As used in insurance law, "representatime of making the policy, but has been sometimes extended to statements made by the assm^d concerning what is to happen during the term of the insurance; in other words, not to the present, but to the future, — to facts which no human being knows, but are matters of expectation or belief, or of promise and contract. Such statements, when not expressed in the form of a distinct and explicit warranty which must be strictly complied with, are sometimes called "promissory representations," to distinguish them from those relating to facts, or "af Brmative representations." And these words express the distinction: the one is an affirmation of a fact existing when the contract begins; the other is a promise, to be performed after the contract has come into existence. Kimball v. JEtna Ins. Co., 9 Allen, 540. Representation of the people act. The Stat. 30 & 31 Vict. ch. 102 (1867), for amending the representation of the people in England and Wales. The following are the principal changes made by this act: The number of members returnable by places of comparatively small population is reduced, and the number sent by the more Important towns increased. On the university of London is conferred the right of sending one member to parliament. By section 9, it is provided that, at a contested election for any county or borough represented by three members, no person shall vote for more than two candidates; and by section 10, that at a contested election for the city of London (which returns four members) no person shall vote for more than three candidates. By sections 3 and 4 of the act, the franchise for towns is conferred on inhabitant occupiers of dwelling-houses, and on lodgers. By section 12, the boroughs of Totnes, Reigate, Great Yarmouth and Lancaster are wholly disfranchised; and by section 17, boroughs having a population of less than 10,000 are to return but one member in future. Such boroughs, to the number of thirty-eight, are enumerated in schedule (A) to the act. Three of these, — Honiton, Thetf ord, and Wells, — together with Arundel, Ashburtou, Dartmouth, and Lyme Regis, are altogether disfranchised by section 43 of the Scotch act (Stat. 31 & 32 Vict. ch. 48), for the purpose of providing additional representation for Scotch constituencies. Mozley S/- W. Representative peers. The representative peers are those who at the commencement of every new parliament are elected to represent Scotland and Ireland in the British house of lords; namely, sixteen for the former, and twenty-eight for the latter country. At the union of Scot> land with England in 1707, and of Ireland in 1800, the peers of those two countries were not admitted en masse to seats in the British parliament, but were allowed to elect a certain number of their body to sentative peers must have descended from ancestors who were peers at the time of the union. Brown.