Il E P 



termination of a phrafe or period. The repofe here meant 

 refembles a hyatus in veiiification ; it is a cadence more or 

 lefs pcrfeft as the bafe falls a third, a fifth, or riiee to the 

 fixth of the key. It is a kind of rolling place, determined 

 by the fenfe of the palFage, and by feeling. See Cadence 

 and Cadenza. 



REPOSE, in Poetry, &c. Sec Rii>T, Pauw;, &c. 



Repose, in Painting, is applied to certain malFes, or large 

 fyitems of -ifTcmblages of light and fliade ; which, being 

 well conduiflod, prevent the confiifion of objcdts and 

 figures ; by engaging and taking up the eye fo as it cannot 

 attend to the other parts of the painting for fome time ; 

 and thus leading it to confider the feveral groupes gra- 

 dually, and, as it were, to proceed from ftage to llage. 



Repose, In, in Military Language, is a phrafe that applies 

 to troops which are allowed to be ilationary for any given 

 period, during an a£live campaign, either through ficknefs, 

 or from fome other caufe. 



REPOSITION of the Foreji (formed from re, and ponere 

 to lay again), an att by which certain grounds, before made 

 purlieu, are, upon a fccond view, laid to the forell again. 



Reposition, in Surgery, the reduAion of a bone. 



REPOSITORY, Repositouium, a itore-houfe or place 

 ■where things are laid up and kept. In which fenfe we fay, 

 the repofitory of the royal fociety, the royal repofitory at 

 Woolwich, containing models of every fort of warlike 

 ftores, &c. See Museum. 



Repository of Farm Manure, in Rural Economy, the 

 place where it is put or laid up. See Receptacle of 

 Stall Manure. 



REPOSO, in Geography, a fmall ifland near the coaft of 

 Brafil; S. lat. 19° 36'. 



REPPELE, a town of Hinder Pomerania ; 7 miles 

 W.S.W. of Zachau. 



REPPIN, a town of Brandenburg, in the New Mark, 

 on the Eylang ; fix miles S.S.W. of Droil'en, N. lat. 

 52° 25'. E. long. 15° 2'. 



REPREHENSION, in Rhetoric. See Parrhesia. 



REPRESENTATION, Reprtesentatio, in the 

 Drama, the exhibition of a theatrical piece ; including the 

 fcenes, machines, recitation, &c. 



Sir Richard Steele's principle is, that the defign of a play 

 is not to be read but reprefented ; fo that it is on the 

 ftage, not in the prefs, it is to be judged of ; and that the 

 pit, net the public, are the proper judges. 



Representation, in Laiv. See Descent, Right of 

 Crown, Intestate, Administration, and Parlia- 

 ment. 



Representation, in Infurance, is underftood to mean 

 a collateral flatement, either by parol or in writmg, of fuch 

 fafts or circiimftances relating to the propofed adventure, 

 and not inferted in the policy, as are neceflary for the in- 

 formation of the infurer, to enable him to form a jull efti- 

 mate of the riik. Such reprefentations are often the prin- 

 cipal inducement to the contract, and afford the bell ground 

 upon which the premium can be calculated. A reprefen- 

 tation may be nntrue, either wilfully and fraudulently ; or 

 inadvertently and innocently. 



A wilful mifi-eprefentation, or allegatio falft, in any faft or 

 circumllance material to the ri/h, is a fraud that will always 

 avoid the contraft. As if an agent, knowing that a (hip 

 had failed from Jamaica for London on the 24th of Novem- 

 ber, effeft an infurance on the voyage, and tell tte under- 

 writer that the fliip failed in December : this is a fraud, 

 and the policy is void. 



And fuch mifreprefentation fo completely vitiates the 

 policy, that the infurcd cannot recover upon it, even for a 



REP 



lofs arifing from a caufe unconneftcd with the faA or cir- 

 cumllance inilrcprcfented. As if the infurcd reprefent that 

 the fhip or goods infured are neutral property, when in fadl. 

 they are enemy's property ; he (hall not recover even for a 

 lofs occafioned by (hipwreck. 



So it would be if the broker or agent were to adert that 

 a fliip or goods were neutral property, without knowing 

 whether this were true or falfe, and they arr, in faft, enemy's 

 property ; for, though it may not, perhaps, be equally 

 criminal Inforo confcuntix for a man to aver that to be true 

 which he knows nothing of, as to aver that to be true which 

 he knows to be falfe ; ftill it is unqueftionably a fraud, and 

 in the cafe of an infurance, equally injurious to the under- 

 writer ; becaufe he is induced by the deception, however 

 occafioned, to compute the ri(k upon falfe principles. The 

 fame reafoning holds even in the cafe where the perfon him- 

 felf making the rcprefentation believes it to be true. 



But if he were only to fay that he believes the (liip to be 

 neutral property, knowing nothing on the fubjeft, and 

 having no rcafon to believe the contrary ; there, though 

 the (hip be not neutral, the reprefentation will not avoid the 

 policy ; becaufe the under-writer may inform himfelf of the 

 grounds of this belief, before he enters into the contraft ; 

 and if lie neglect to do fo, he takes upon himfelf the rifk 

 of its being unfounded. 



For the fame reafon, if the word expeBed be ufed, this 

 will not amount to a reprefentation : as when a broker in 

 getting infurances effected on feveral (hips, belonging to the 

 fame owner, and fpeaking of them all, faid, — ' Which 

 vcffels are expeBed lo leave the coaft of Africa in November 

 or December,' when, in faft, they had all failed in the May 

 preceding: this does not amount to a reprefentation, being 

 only an expedalion, the ground of which the under-writer 

 might have enquired into. 



There is a material difference between a reprefentation 

 and a warranty. A warranty, being a condition upon 

 which the contract is to take eft'ed, is always a part of the 

 written policy, and muft appear on the face of it : whereas 

 a reprefentation is only matter of collateral information or 

 intelligence on the fubjedl of the voyage infured, and makes 

 no part of the policy. A warranty, being in nature of a 

 condition precedent, muft be JlrlBly and literally complied 

 with"; but it is fufficicnt if a reprefentation be true in fub- 

 fiance. By a warranty, whether material to the ridv or not, 

 the infured flakes his claim of indemnity upon the precife 

 truth of it, if it be affirmative, or upon the exaft per- 

 formance of it, if executory ; but it is fufficient if a repre- 

 fentation be made without fraud, and be not falfe in any 

 material point ; or if it hcfubjlantially, though not literally, 

 fulfilled. A falfe warranty avoids the policy, as being a 

 breach of a condition upon which the contract is to take 

 efTcft, and the infurer is not hable for any lofs though it 

 do not happen in confequence of the breach of the war- 

 ranty. A falfe reprefentation is no breach of the con- 

 traiS, but if material, avoids the policy on tlie ground 

 oi fraud, or at leail becaufe the infurer has been mifled 

 by it. 



It has already been fhewn that a warranty muft appear 

 upon the face of the pohcy, and make a part of the writ- 

 ten contrail ; and therefore a written paper, wrapped up 

 in the policy, or even wafered to it, is only a reprefent- 

 ation- For the fame reafon, the written inftrudtions for 

 effedting the policy, unlefs inferted in it, cannot be deemed 

 a warranty, but only a reprefentation ; for the under-writer, 

 by not infilling on having thefe inftrudtions inferted in 

 the policy, (hews that he is content to take them as a re- 

 prefentation. 



But 



