REPRESENTATIVE. One who represents or is in the place of another.
2. In legi4lation, it signifies one who has been elected a moraber of that
branch of the legislature called the house of representatives.
3. A representative of a deceased person, sometimes called a "personal
representative," or legal personal representative," is one who is executor or
administrator of the person described. 6 Madd. 159; 5 yes. 402.
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. n. 31.
TO REPRESENT. To exhibit; to expose before the eyes: to represent a
thing is to produce it publicly. Dig. 10, 4, 2, 3.
REPRESENTATION, insurances. A representation is 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 underwriters, to enable them to form a just estimate of
2. A representation, like a warranty, may be either affirmative, as where the
insured avers the existence of some fact or circumstance which may affect the
risk; or promissory, as where he engages the performance of, something
3. There is a material difference between a representation and a
4. A warranty, being a condition upon which the contract is to take effect,
is always a part of the written policy, and must appear on the face of it.
Marsh. Ins. c. 9, §2. Whereas a representation is only a matter of collateral
information or intelligence on the subject of the voyage insured, and makes no
part of the policy. A warranty being in the nature of a condition precedent,
must be strictly and literally complied with; but it is sufficient if the
representation be true in substance, whether a warranty be material to the risk
or not, the insured stakes his claim of indemnity upon the precise truth of it,
if it be affirmative, or upon the exact performance of it, if executory; but it
is sufficient if a representation be made without fraud, and be not false in any
material point, or if it be substantially, though not literally, fulfilled. A
false warranty avoids the policy, as being a breach of the condition upon which
the contract is to take effect; and the insurer is not liable for any loss
though it do not happen in consequence of the breach of the warranty; a false
representation is no breach of the contract, but if material, avoids the policy
on the ground of fraud, or at least because the insurer has been misled by it.
Marsh. Insur. B. 1, c. 10, s. 1; Dougl. R. 247: 4 Bro. P. C. 482. See 2 Caines'
R. 155; 1 Johns. Cas. 408; 2 Caines' Cas. 173, n.; 3 Johns. Cas. 47; 1 Caines'
Rep. 288; 2 Caines' R. 22; Id. 329; Sugd. Vend. 6; Bouv. Inst. Index, h. t. and
REPRESENTATION, Scotch law. The name of a plea or statement presented
to a lord ordinary of the court of sessions, when his judgment is brought under
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
2. The heir represents his ancestor. Bac. Abr. Heir and Ancestor, A. The
devisee, his testator; the executor, his testator; the administrator, his
intestate; the successor in corporations, his predecessor. And generally
speaking they are entitled to the rights of the persons whom they represent, and
bound to fulfil the duties and obligations, which were binding upon them in
3. Representation was unknown to the Romans, and was invented by the
commentators and doctors of the civil law. Toull. Dr. Civ. Fr. liv. 3, t. 1, c.
3, n. 180. Vide Ayl. Pand. 397; Dall. Diet. mot Succession, art. 4, §2.
REPRIEVE, crim. law practice. This term is derived from reprendre, to
take back, and signifies the withdrawing of a sentence for an interval of time,
and operates in delay of execution. 4 Bl. Com. 394. It is granted by the favor
of the pardoning power, or by the court who tried the prisoner.
3. Reprieves are sometimes granted ex necessitate legis; for example, when a
woman is convicted of a capital offence, after judgment she may allege pregnancy
in delay of execution. In order, however, to render this plea available she must
be quick with child, (q. v.) the law presuming, perhaps absurdly enough, that
before that period, life does not commence in the foetus. 3 Inst. 17; 2 Hale,
413; 1 Hale, 368; 4 Bl. Com. 395.
4. The judge is also bound to grant a reprieve when the prisoner becomes
insane. 4 Harg. St. Tr. 205, 6; 3 Inst. 4; Hawk B. 1, c. 1, s. 4; 1 Chit. Cr.
REPRIMAND, punishment. The censure which in some cases a public office
pronounces against an offender.
2. This species of punishment is used by legislative bodies to punish their
members or others who have been guilty of some impropriety of conduct towards
them. The reprimand is usually pronounced by the speaker.
REPRISALS, war. The forcibly taking a thing by one nation which
belonged to another, in return or satisfaction for a injury committed by the
latter on the former. Vatt. B., 2, ch. 18, s. 342; 1 Bl. Com. ch. 7.
2. Reprisals are used between nation and nation to do themselves justice,
when they cannot otherwise obtain it. Congress have the power to grant letters
of marque (q. v.) and reprisal. Const. art. 1, s. 8 cl. 11.
3. Reprisals are made in two ways either by embargo, in which case the act is
that of the state; or, by letters of marque and reprisals, in which case the act
is that of the citizen, authorized by the government. Vide 2 Bro. Civ. Law,
4. Reprisals are divided into negative, when a nation refuses to fulfil a
perfect obligation, which it has contracted, or to permit another state to enjoy
a right which it justly claims; or positive, when they consist in seizing the
persons and effects belonging to the other nation, in order to obtain
5. They are also general or special. They are general when a state which has
received, or supposes it has received an injury from another nation delivers
commissions to its officers and subjects to take the persons and property
belonging to the other nation, in retaliation for such acts, wherever they may
be found. It usually amounts to a declaration of war. Specia reprisals are such
as are granted in times of peace, to particular individuals who have suffered an
injury from the citizens or subjects of the other nation. Bynker. Quaest. Jur.
Pub. lib. 1, Duponce, au's Translation, p. 182, note; Dall. Diet. Prises
maritimes, axt. 2, §5.
6. The property seized in making reprisals is preserved, while there is any
hope of obtaining satisfaction or justice, as soon as that hope disappears, it
is confiscated, and then the reprisal is complete. Vattel, B. 2, c. 18, §342.
REPRISES. The deductions and payments out of lands, annuities, and the
like, are called reprises, because they are taken back; when we speak of the
clear yearly value of an estate, we say it is worth so much a year ultra
reprises, besides all reprises.
2. In Pennsylvania, lands are not to be sold when the rents can pay the
encumbrances in seven years, beyond all reprises.
REPROBATION, eccl. law. The propounding exceptions either against
facts, persons or things; as, to allege that certain deeds or instruments have
not been duly and lawfully executed; or that certain persons are such that they
are incompetent as witnesses; or that certain things ought not for legal reasons
to be admitted.
REPUBLIC. A commonwealth; that form of government in which the
administration of affairs is open to all the citizens. In another sense, it
signifies the state, independently of its form of government. 1 Toull. n. 28,
and n. 202, note. In this sense, it is used by Ben Johnson. Those that, by their
deeds make it known, whose dignity they do sustain; And life, state, glory, all
they gain, Count the Republic's, not their own, Vide Body Politic; Nation;
REPUBLICAN GOVERNMENT. A government in the republican form; a
government of the people; it is usually put in opposition to a monarchical or
2. The fourth section of the fourth article of the constitution, directs that
"the United States shall guaranty to every state in the Union a republican form
of government." The form of government is to be guarantied, which supposes a
form already established, and this is the republican form of government the
United States have undertaken to protect. See Story, Const. §1807.
REPUBLICATION. An act done by a testator from which it can be
concluded that be intended that an instrument which had been revoked by him,
should operate as his will; or it is the re-execution of a will by the testator,
with a view of giving it full force and effect.
2. The republication is express or implied. It is express when there has been
an actual re-execution of it; 1 Ves. 440; 2 Rand. R. 192; 9 John, R. 312; it is
implied when, for example, the testator by a codicil executed according to the
statute of frauds, reciting that he had made his will, added, "I hereby ratify
and confirm my said will, except in the alterations after mentioned." Com. R.
381.; 3 Bro. P. C. 85, The will might be at a distance, or not in the power of
the testator, and it may be thus republished. 1 Ves. 437; 3 Bing. 614; 1 Ves.
jr. 486; 4 Bro. C. C. 2.
3. The republication of a will has the effect; 1st. To give it all the force
of a will made at the time of the republication; if, for example, a testator by
his will devise "all his lands in A," then revokes his will, and afterwards buys
other lands in A, the republication, made after the purchase, will pass all the
testator's lands in A. Cro. Eliz. 493. See 1 P. Wms. 275. 2d. It sets up a will
which had been revoked. See, generally, 2 Hill. Ab. 509; 3 Lomax, Dig. tit. 28,
c. 6; 2 Bouv. Inst. n. 216 4.
TO REPUDIATE. To repudiate a right is to express in a sufficient
manner, a determination not to accept it, when it is offered.
2. He who repudiates a right cannot by that act transfer it to another.
Repudiation differs from renunciation in this, that by the former he who
repudiates simply declares that he will not accept, while he who renounces a
right does so in favor of another. Renunciation is however sometimes used in the
sense of repudiation. See To Renounce; Renunciation; Wolff, Inst. 339.
REPUDIATION. In the civil law this term is used to signify the putting
away of a wife or a woman betrothed.
2. Properly divorce is used to point out the separation of married persons;
repudiation, to denote the separation either of married people, or those who are
only affianced. Divortium est repudium et separatio maritorum; repodium est
renunciatio sponsalium, vel etiam est divortium. Dig. 50, 16, 101, 1.
Repudiation is also used to denote a determination to have nothing to do with
any particular thing; as, a repudiation of a legacy, is the abandonment of such
legacy, and a renunciation of all right to it.
3. In the canon law, repudiation is the refusal to accept a benefice which
has been conferred upon the party repudiating.
REPUGNANCY, contracts. That which in a contract, is inconsistent with
something already contracted for; as, for example, where a man by deed grants
twenty acres of land, excepting one, this latter clause is repugnant, and is to
be rejected. But if a farm or tract of land is conveyed by general terms, in
exception of any number of acres, or any particular lot, it is not repugnant,
but valid. 4 Pick. 54; Vide 3 Pick. 272; 6 Cowen, 677.
REPUGNANCY, pleading. Where the material facts stated in a declaration
or other pleading, are inconsistent one with another for example, where in an
action of trespass, the plaintiff declared for taking and carring away certain
timber, lying in a certain place, for the completion of a house then lately
built; this declaration was considered bad, for repugnancy; for the timber could
not be for the building of a house already built. 1 Salk. 213.
2. Repugnancy of immaterial facts, and what is merely redundant, and which
need not have been put into the sentence, and contradicting what was before
alleged, will not, in general, vitiate the pleading. Gilb. C. P. 131; Co. Litt.
303 b; 10 East, R. 142; 1 Chit. Pl. 233. See Lawes, Pl. 64; Steph. Pl. 378; Com.
Dig. Abatement H 6; 1 Vin. Ab. 36; 19 Id. 45; Bac. Ab. Amendment, &c. E 2
Bac. Ab. Pleas, Ac. I 4 Vin. Ab. h. t.
REPUGNANT. That which is contrary to something else; a repugnant
condition is one contrary to the contract itself; as, if I grant you a house and
lot in fee, upon condition that you shall not aliens, the condition is repugnant
and void. Bac. Ab. Conditions, L.
REPUGNANT CONDITION. One which is contrary to the contract itself; as,
if I grant you a house and lot in fee, upon condition that you shall not aliens,
the condition is repugnant and void, as being consistent with the right
REPUTATION, evidence. The opinion generally entertained by persons who
know another, as to his character, (q. v.) or it is the opinion generally
entertained by person; who know a family as to its pedigree, and the like.
2. In general, reputation is evidence to prove, 1st. A man's character in
society. 2d. A pedigree. (q. v.) 3d. Certain prescriptive or customary rights
and obligations and matters of public notoriety. (q. v.) But as such evidence is
in its own nature very weak, it must be supported. 1st. When it relates to the
exercise of the right or privilege, by proof of acts of enjoyment of such right
or privilege, within the period of living memory; 1 Maule & Selw. 679; 5 T.
R. 32; afterwards evidence of reputation may be given. 2d. The fact must be of a
public nature. 3d. It must be derived from persons likely to know the facts.
4th. The facts must be general and, not particular. 5th. They must be free from
suspicion. 1 Stark. Ev. 54 to 65. Vide 1 Har. & M'H. 152; 2 Nott & M'C.
114 5 Day, R. 290; 4 Hen. & M. 507; 1 Tayl. R. 121; 2 Hayw. 3; 8 S. & R.
159; 4 John. R. 52; 18 John. R. 346; 9 Mass. R. 414; 4 Burr. 2057; Dougl. 174;
Cowp. 594; 3 Swanst. 400; Dudl. So. Car. R. 346; and arts. Character;