KFLCC Kingdom Law 2nd Ed.

TORY

1162

TOUJOURS ET UNOORE PRIST

a means of extorting a confession of guilt, or of compelling him to disclose his accompli ces. TORY. Originally a nickname for the wild Irish in Ulster. Afterwards given to, and adopted by, one of the two great par liamentary parties which have alternately governed Great Britain since the Revolution in 1688. Wharton. The name was also given, in America, dur ing the struggle of the colonies for inde pendence, to the party of those residents who favored the side of the king and opposed the war. In old English practice. A word written by the foreign opposer or other offi cer opposite to a debt due the king, to de note that it was a good debt; which was hence said to be totted. TOT. TOTA CURIA. L. Lat In the old re ports. The whole court. TOTAX ItOSS. In marine insurance, a total loss is the entire destruction or loss, to the insured, of the subject-matter of the policy, by the risks insured against As to the distinction between "actual" and "con structive" total loss, see infra. 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 en tirely destroyed. —Actual total loss. In marine insurance. The total loss of the vessel covered by a policy of insurance, by its real and substantive de struction, by injuries which leave it no longer existing in specie, by its being reduced to a wreck irretrievably beyond repair, or by its be ing placed beyond the control of the insured and beyond his power of recovery. Distinguished from a constructive total loss, which occurs where the vessel, though injured by the perils insured against, remains in specie and capable of repair or recovery, but at such an expense, or under such other conditions, that the insured may claim the whole amount of the policy up on abandoning the vessel to the underwriters. "An actual total loss is where the vessel ceases to exist in specie, —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 pow er of recovery. A constructive total loss is where the vessel remains in specie, and is sus ceptible of repairs or recovery, but at an ex pense, according to the rule of the English com mon law, exceeding its value when restored, or, according to the terms of this policy, where 'the injury is equivalent to fifty per cent, of the agreed value in the policy,' and where the insur ed abandons the vessel to the underwriter. In such cases the insured is entitled to indemnity as for a total loss. An exception to the rule re quiring abandonment is found in cases where the loss occurs in foreign ports or seas, where it is impracticable to repair. In such cases the master may sell the-vessel for the benefit of all concerned, and the insured may claim as for a total loss by accounting to the insurer for the amount realized on the sale. There are other exceptions to the rule, but it is sufficient now

to say that we have found no case in which the doctrine of constructive total loss without aban donment has been admitted, where the injured vessel remained in specie and was brought to its home port by the insured. A well marked dis tinction between an actual and a constructive total loss is there'fore found in this: that in the former no abandonment is necessary, while in the latter it is essential, unless the case be brought within some exception to the rule re quiring it. A partial loss is where an injury re sults to the vessel from a peril insured against, but where the loss is neither actually nor con structively total." Globe Ins. Co. v. Sherlock, 25 Ohio St. 50, 64; Burt v. Insurance Co., 9 Hun (N. Y.) 383; Carr v. Insurance Co., 109 N. Y. 504, 17 N. E. 369; Monroe v. Insurance Co., 52 Fed. 777, 3 C. C. A. 280; Murray v. Hatch, 6 Mass. 465; Livermore v. Insurance Co., 1 Mass. 264; Delaware, etc., Ins. Co. v. Gossler, 96 U. S. 645, 24 L. Ed. 863 ; Wallerstein v. In surance Co., 3 Rob. (N. Y.) 528.—Construc tive total loss. In marine insurance. This occurs where the loss or injury to the vessel insured does not amount to its total disappear ance or destruction, but where, although the ves sel still remains, the cost of repairing or recov ering it would amount to more than its value when so repaired, and consequently the insured abandons it to the. underwriters. See Insur ance Co. v. Sugar Refining Co., 87 Fed. 491, 31 C. C. A. 65. TOTIES QUOTIES. Lat As often as occasion shall arise. Lat With all one's might or power; with all his might; very strenuously. 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. 3 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. L. Fr. Always and still ready. This is the name of a plea of tender. TOTIS VIRIBUS. TOTTED. TOUJOURS ET UNCORE PRIST. TOTIDEM VERBIS. Lat In so many words.