Blacks Law Dict. 1st ed

1179

TOTAL LOSS

TOWN

In fire insurance, a total loss is the com plete destruction of the insured property by fire, so that nothing of value remains from it; as distinguished from a partial loss, where the property is damaged, but not entirely de stroyed. Total loss, in marine insurance, signifies the total destruction of the thing insured, or such dam age to the thing insured as renders it, though it may specifically remain, of little or no value to the owner. 1 Mass. 264. An actual total loss is where the vessel ceases to exist in specie, and becomes a "mere congeries of planks," incapable of being repaired; or where, by the peril insured against, it is placed beyond the control of the insured and beyond his power of recovery. A constructive loss is where the ves sel remains in specie, and is susceptible of repairs or recovery, but at an expense, according to the rule of the English common law, exceeding its value when restored. 25 Ohio St. 64. The words "total loss," in their literal sense, mean complete physical annihilation and destruc tion of the thing, but, in a sense adopted in insur ance, they signify a loss which is total to the own er; as where the goods are seized and taken away, or have been rendered worthless for the uses or purposes for which they are designed. S Rob. Adm. 528. TOTIDEM VERBIS. In so many words. TOTIES QUOTIES. As often as occa sion shall arise. TOTIS VIRIBUS. With all one's might or power; with all his might; very strenu ously. TOTTED. A good debt to the crown, i. e., a debt paid to the sheriff, to be by him paid over to the king. Cowell; Mozley & Whitley. Totum prsefertur unicuique parti. 8 Coke, 41. The whole is preferable to any single part. TOUCH. In insurance law. To stop at a port. If there be liberty granted by the policy to touch, or to touch and stay, at an intermediate port on the passage, the better opinion now is that the insured may trade there, when consistent with the object and the furtherance of the adventure, by break ing bulk, or by discharging and taking in cargo, provided it produces no unnecessary delay, nor enhances nor varies the risk. 3 Kent, Comm. 314. TOUCHING A DEAD BODY. It was an ancient superstition that the body of a murdered man would bleed freshly when touched by his murderer. Hence, in old criminal law, this was resorted to as a means of ascertaining the guilt or innocence of a .person suspected of the murder.

TOUJOUBS BT UNCOBE PBIST. L. Fr. Always and still ready. This is the name of a plea of tender. TOUR D'ECHELLE. In French law. An easement consisting of the right to rest ladders upon the adjoining estate, when necessary in order to repair a party-wall or buildings supported by it. Also the vacant space surrounding a build ing left unoccupied in order to facilitate its reparation when necessary. Merl. Report. TOURN. In old English law. A court of record, having criminal jurisdiction, in each county, held before the sheriff, twice a year, in one place after another, following a certain circuit or rotation. TOUT. Fr. All; whole; entirely. Tout temps prist, always ready. Tout ce que la loi ne defend pas est permis. Everything is permitted which is not forbidden by law. TOUT TEMPS PRIST. L.Fr. Always ready. The emphatic words of the old plea of tender; the defendant alleging that he has always been ready, and still is ready, to dis charge the debt. 3 Bl. Comm. 303; 2 Salk. 622. TOUT UN SOUND. L. Fr. All one sound; sounding the same; idem sonans. Toute exception non surveill6e tend a prendre la place du principe. Every exception not watched tends to assume the place of the principle. TOWAGE. The act or service of towing ships and vessels, usually by means of a small steamer called a "tug." That which is given for towing ships in rivers. Towage is the drawing a ship or barge along the water by another ship or boat, fastened to her, or by men or horses, etc., on land. It is also money which is given by bargemen to the owner of ground next a river, where they tow a barge or other ves sel. Jacob. TOWAGE SERVICE. In admiralty law. A service rendered to a vessel, by towing, for the mere purpose of expediting her voy age, without reference to any circumstances of danger. It is confined to vessels that have received no injury or damage. 1 W. Kob. 177; 9 Fed. Rep. 53. TO-WIT. That is to say; namely; scilicet; videlicet. TOWN. In English law. Originally, a vill or tithing; but now a generic term, which comprehends under it the several spe

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