Proviso


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Related to Proviso: Wilmot Proviso

Proviso

A condition, stipulation, or limitation inserted in a document.

A condition or a provision in a deed, lease, mortgage, or contract, the performance or non-performance of which affects the validity of the instrument. It generally begins with the word provided.

A proviso clause in a statute excepts something from statutory requirements, qualifies the statute, or excludes some potential area of misinterpretation.

proviso

n. a term or condition in a contract or title document.

See: arrangement, article, attornment, clause, condition, need, option, prerequisite, provision, qualification, requirement, reservation, salvo, specification, term, ultimatum, understanding

PROVISO. The name of a clause inserted in an act of the legislature, a deed, a written agreement, or other instrument, which generally contains a condition that a certain thing shall or shall not be done, in order that an agreement contained in another clause shall take effect.
     2. It always implies a condition, unless subsequent words change it to a covenant; but when a proviso contains the mutual words of the parties to a deed, it amounts to a covenant. 2 Co. 72; Cro. Eliz. 242; Moore, 707 Com. on Cov. 105; Lilly's Reg. h.t.; 1 Lev. 155.
     3. A proviso differs from an exception. 1 Barn. k Ald. 99. An exception exempts, absolutely, from the operation of an engagement or an enactment; a proviso defeats their operation, conditionally. An exception takes out of an engagement or enactment, something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse. 8 Amer. Jurist, 242; Plowd. 361; Carter 99; 1 Saund. 234 a, note; Lilly's Reg. h.t.; and the cases there cited. Vide, generally Amer. Jurist, No. 16, art. 1; Bac. Ab. Conditions, A; Com. Dig. Condition, A 1, A 2; Darw. on Stat. 660.

References in periodicals archive ?
In March of 2014, the Tenth Circuit Court of Appeals upheld the Kansas Title X prioritization proviso.
Provided further that a civil servant holding dual nationality or citizenship of any foreign country shall not be entitled for promotion to posts in Basic Pay Scale 20 or equivalent and above," stated the proposed proviso.
We reverse, determining the trial court incorrectly concluded the budgetary proviso is unconstitutional," wrote Judge James Wolf, with Judges Peter Webster and Clayton Roberts concurring.
In its letter this week to Principal Patch and Proviso Township Superintendent Dr.
Proviso Key pointer 11 of the 12 European winners of this race had won a Listed sprint or got to within a length in a Group sprint that same season - unless they'd run first or second in this race before.
The licensing authority will be obliged to take into consideration the report of the police authorities before grant of an arms licence in each case, with the deletion of the proviso to Section 13 (2A) of the Arms Act, 1959.
Proviso, ridden by Mike Smith, was eighth in the nine-horse field in the early going before unleashing a closing kick that resulted in her sixth victory in 19 starts as the 9-2 third betting choice.
Owned by Khalid Abdullah, Proviso beat Laureldean Gale in a tight finish at Deauville last month and the runner-up, formerly with Peter Chapple-Hyam, has since been snapped up by Godolphin.
In 2006, the legislature spent over $73 billion, providing detailed spending instructions (in the form of proviso language) for each tax dollar spent.
Obtaining the proviso that that government was denied any power not granted by the Constitution, they created the government.
Although the deal comes with a five-year restriction on building atop any of the properties, ultimately the air fights proviso will kick in, enabling the buyer to increase the height of the buildings, thereby adding income and enhancing their value.
stock exchanges for which the primary business is insurance, with a proviso.