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 ?
But the second proviso also seems rather too strong.
Fearful that his proviso would cripple Reagan's Strategic Defense Initiative, they say they will offer "killer amendments" to the I.
The ink on the Dole compromise had hardly dried before the Court began to enforce the results test by emasculating its proviso.
Proviso has been working well at the track and looks a corking each-way wager at a general 10-1.
The biggest news for us is for many years we have enjoyed proviso language allowing us to pay Bar dues for our attorneys.
For four months, its engineers worked at night to install air conditioning with the usual proviso that no sign of the work could be visible when the store opened.
It will also explain how city contracts could be amended with a proviso requiring vendors to certify they do not employ undocumented aliens.
A Healthy Sexuality Resource because it was "too racy," the Halifax school board has approved its distribution with the proviso that parents of grades 7, 8 and 9 students must sign parental consent forms.
UK-based 3G service network architecture provider White Obsidian has introduced its Emissary and Proviso telecomms services for telecomms operators.
Their website promotes the pounds 65 deal with the proviso "on condition they qualify" and have already been swamped with bids.
The second proviso is bizarrely vague, and extends to all businesses, not just fur shops, farms, and the like.
Worldwide Computer Products News-22 November 2000-New version of Quallaby's PROVISO software now available (C)1995-2000 M2 COMMUNICATIONS LTD http://www.