Page:Black's Law Dictionary (Second Edition).djvu/1170

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TORY

a means or extortlng a confession of guilt, or of compelling him to disclose his accomplicm.

TORY. Originally a nickname for the wild Irish in Ulster. Afterivards given to, and adopted by. one of the two great par- liamentary parties which have alternately governed Great Britain since the Revolution in 1085. Wharton.

The name was also given, in America, during the struggle of the colonies for independence, to the party of those residents who ravoied the side or the king and opposed the war.

TOT. In old English practice. A word Written by the foreign omioser or other odicer opposite to a debt due the king, to de- note that it was a good debt; which was hence said to be toned.

TOTA CURIA. L. Lat. In the old re- ports. The whole court.

TOTAL LOSS. In ma-rine insurance,

a total loss is the entire destruction or loss,

to the insured, or the subject-matter of the

policy, by the risks insured against As to

the distinction between "actual" and “constructive" total loss. see infra.

In fire insul'u.n.ce, a total loss is the complete destruction of the insured property by fire, so that nothing of value remains from it: as distinguished from :1 partial loss, -where the property is damaged, but not entlrely destroyed.

—-Actual total loss. In marine insurance. The total loss of the vessel covered by a policy of insurance, by its real and substantive dc- struction, by Injuries which leave it no longer existing in specie, by its bein-r reduccd to a wreck irretrievahly heyond repair, or by its hi.ing placed beyond the control of the insured and beyond his power of recovery. Distinguished from a cpmrtrur,-ti1:e total loss, which occurs where the vessel. though iniurcd by the perils insured against, remains in specie and capable of repair or iecoxery, but at such an expense. or under such other conditions, that the insured may Claim the whole amount of the policy upon abandoning the vessel to the underwriters. “An actual total loss is where the vessel ceases to exist in sin L-i'c.—l.»ccomes a ‘more congeries of planks,’ incapable of being repaiied; or where, by the peril insured against, it is placed beyond the control of the insured and heyond his pow- er of recovery. A camrtriictinc total loss is where the vessel remains in 8p(.‘L*lB, and is susceptible of repuire or recovery, but at an expense, according to the role of the English com- mon law, cxcnding Its value when restored, or, according to the terms of this policy. “here ‘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 undcrnriter. In such cases the insured is entithd to iudcinnity as for a totnl loss. An exception to the rule re- quirin; shandonment is found in cases where

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 insuier for the amount realized on the sale. Thole are other exceptions to the rule, but it is sufficient now

1162

TOUJOURS ET UNCORE PRIST

hut where the loss is neither actually not strnctively total.” Globe Ins. Co. v. Shci-I 25 Ohio St. -'30, 64; Burt v. insurance Hun (N. Y.) 3 i; Carr v. Insurance Co.. i0.‘J Y. 504. 17 N . 36!); ltlnnrne r. Insurance 52 Fed. 777, 3 O. C. A. 230; Miirriiy v. Eli 6 Mass. 463; Liverniore v. insurance C‘:- Mass. 264 Delaware, etc Ins. Co. v. I’. 96 U. S. , ‘24 L .Ell. 865;; Wallelsteiu r. insurance Co.. 3 Rob. (N. Y.) 52S.—Constrnctive total loss. in marine insurance. ' occurs where the ioss or injury to the vet insured does not amount to its totid disaruun once or destruction, but where. nlthougb the Q- sel still remains, the cost of repalrlug or recanering it would amount to more than its value when so repaired, and consequently the inuld abandons it to the underwriters. See Insur- ance Co. v. Sugar Refining Co., 87 Fed. 4'31, 31 C C. A. 65.

TOTIDEM VERBIS. words.

Lat. In so many

TOTIES QUOTIES. Lat As often an occasion shall arise.

TOTIS VIRIBUS. Lut. With all ouch might or power; with all his might; iery strenuously.

TOTTED. A good debt to the crown I. c., a debt paid to the sheriff, to be by him paid over to the king. Cowell; Mozley I: Whitley.

Tatum pruzfertnr nnicuiqne purti. 3 Coke, 41. The whole is preferable to any single part.

TOUCH. In insurance isw. To stop at a port. If there be hherty granted by the policy to touch, or to touch and stay at an interniediate port on the passage, the lietkr opinion now is that the insured may tra.r'a there, when consistent with the oluect ‘llld the furtherance of the adventure, by lIl'K|‘6/ing bulk, or by discharging and taking in cargo. provided it produces no nnnet-er.-iry delay, nor enhances nor varies the risk. 3 Kent, Comm. 314.

TOUCHING A DEAD BODY. it out an ancient superstition that the body of ii murdered man would bleed freshly when touched by his murderer. Hence. in old criminal is or. this was resorted to as a means of ascertaining the guilt or innocence of a person suspected or the murder.

TOUJOURS ET UNCORE PRIST. L. I<‘r. Always and still rmdy. This is the

name of a plea of tender.