TOTAL. Complete; containing the whole; as the total amount of an account is all the items of such account added together; total incapacity, is an absolute and complete incapacity to do a thing. A married woman is totally incapable¹ to make a contract, because, although having intelligence, she has not legal capacity and an idiot is totally incapable to enter into a contract, because he has no will.

TOTAL LOSS. A technical expression, importing an utter loss of the property for the voyage, and no more. 1 T. R. 187. Vide Loss, and 2 Phil. Ev. 54, n.; 16 East, R. 214 Park's Ins. Index, h. t.; Marsh². Ins. 486.

TOTALITY. The whole sum or quantity.

2. In making a tender, it is requisite³ that the totality of the sum due should be offered, together with the interest and costs. Vide Tender.

TOTIDEM VERBIS. In so many words.

TOTIES QUOTIES. As often as the thing shall happen.

TOUCH AND STAY. These words are frequently introduced in policies of insurance, giving the party insured the right to stop and stay at certain designated points in the course of the voyage. A vessel⁴ which has the power to touch and stay at a place in the course of the voyage, must confine herself strictly⁵ to the terms of the liberty so given; for any attempt to trade at such a port during such a stay, as by shipping⁶ or landing goods, will amount to a species of deviation⁷ which will discharge the underwriters, unless the ship have also liberty to trade, as well as to touch and stay at such a place. 1 Marsh. Ins. 275; 1 Esp. R. 610; 5 Esp. R. 96.

TOUJOURS ET UNCORE PRIST. Always, and still ready. This is the name of a plea of tender, as where a man is indebted to another, and he tenders the amount due, and after wards⁸ the creditor⁹ brings a suit, the defendant¹⁰ may plead the tender, and add that he has always been and is still ready to pay what he owes, which may be done by the formula toujours et uncore prist. He must then pay the money into court, and if the issue be found for him, the defendant will be exonerated¹¹ from costs, and the plaintiff made justly liable for them. 3 Bouv. Inst. n. 2923 Vide Tout¹² temps prist.