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.

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 ?
There is no express proviso to the federal Free Exercise Clause.
3200 Relay: Palatine (L.Lechowicz, Metzo, Solano, K.Lechowicz) 10:55.4; 300: Oleksak (Pal) :43.8; 3200: L.Lechowicz (Pal) 14:51; 55 high hurdles: Oleksak (Pal) :08.5; 55: Gay (ProvE) :07.7; 800: Rodriguez (ProvE) 2:41.9; 800 relay: Proviso East 1:58.5; 400: Rodriguez (ProvW) :81.6; 1600: K.Lechowicz (Pal) 5:42; 200: Hilliard (ProvE) :27.5; 1600 relay: Palatine (Metzo, Solano, Oleksak, Churchill) 4:38.9; Long jump: Noud (Pal) 15-10; High jump: Scott (ProvW) 4-8; Shotput: Steffens (Pal) 35-0.
There are at least three implications of the proviso to Section 3 of the Code of Conduct Act I want to draw attention to.
Headquartered in New York City, Proviso Capital invests in strong lower middle market companies in competitive niche industries.
The FBR further said prior to the Finance Act, 2018 any person receiving dividend from a Developmental REIT Scheme set up by 3oth June, 2018 (for the purpose of development and construction of residential buildings) could avail a 50 percent reduction in tax for a period of three years with effect from June 30, 2018 in terms of the third proviso to Division Ill of Part I of First Schedule to the Income Tax Ordinance, 2001.
The petitioners argued that the ECP had radically disturbed the concept of uniformity of population by creating such irrational disparity through the proviso and had made it difficult to conduct elections in honest, just and fair manner in accordance with the law.
Then I will consider Nozick's treatment of the Lockean proviso and identify some problems regarding generations subsequent to an original resource acquisition.
dba Kerr Consulting of The Woodlands, Texas, to Proviso Capital of New York City, the company said.
Notes: a mandatory pre-bid meeting will be held on july 27, 2016 at 10:00 am at proviso west high school 4701 w.
I remember the loans were given on the proviso PPI was included.
However, pro-abortion governors Kathleen Sebelius and Mark Parkinson annually vetoed that proviso so that Planned Parenthood would not be disqualified from accessing the Title X funds.
A previous attempt has recently been made to get a similar bill through Parliament with the spurious proviso that it would only apply to people with 12 months or less to live.