Proviso

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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 ?
Neither accepting the license with the provisos included nor cancelling the contract, SSM gave a new extension of 3 months in order to leave the critical decision to the new head of the Turkish Air Force Command (TuAF), General Ibrahim Firtina.
In this review I offer some criticisms, mainly to do with Yandell's four provisos, which, as I understand them, are as follows.
IN CHAPTER FIVE of the Second Treatise (1689), (1) "Of Property," Locke makes an attempt to justify the individual's right to appropriate natural resources from the common stock in the state of nature subject to what has come to be known as the "sufficiency limitation/proviso," "enough-and-as-good proviso," or "Lockean/Locke's proviso" (2)--namely, a proviso requiring "enough, and as good" be left in common for others after one's appropriation (Locke 1988, 11.27, 33).
Neither accepting the license with the provisos included nor canceling the contract, SSM gave a new extension of three months in order to leave the critical decision to the new boss of the Turkish Air Force Command (TuAF), General Ibrahim Firtina.
He proposes "the free movement proviso" as a way out of the encirclement problem, although the "proviso is a far-reaching restriction of the property right of route owners as it would be defined according to the 'freedom as property' conception" (p.
It focuses on the provisos to the state free exercise guarantees to advance a two-step argument against Justice Scalia's historical argument for Smith.
The provisos should disqualify any person serving in one branch of government from serving in any of the others.
Bogart, "Provisos and State of Nature Theories," Ethics Vol.
If rights of private property fail to make everyone sufficiently better off to satisfy the Lockean proviso, this doesn't mean that we should throw out such rights altogether.
had listed Iraq as a sponsor of terrorism in 1990, but in 2003, after the American-led invasion of Iraq, Congress enacted the Emergency Wartime Supplemental Appropriations Act (EWSAA); [section] 1503 of the Act contained a proviso clause authorizing the President to make [section]620A of the FAA or any other provision of law that applies to countries that have supported terrorism no longer applicable to Iraq.
on the proviso they rehearse and perform in Scotland and have a Scottish actor and a 'Celtic' theme.
"THE VALUE OF ANYTHING lies in what we can do with it." (1) Jan Narveson originally wrote those words while considering the value of natural resources in the context of developing a properly liberal reading of the Lockean proviso. It would seem Narveson is largely correct.