proviso in statute

proviso in statute
A clause in a statute which limits, restrains, or determines in some particular the application of the statute. 50 Am J1st Stat § 435. In determining whether a given provision in a statute is an exception or a proviso, the true test is to be found, not in whether the qualifying words are prefaced by the term "except" or "provided," but in the nature or meaning of the qualifying words themselves. 50 Am J1st Stat § 430. A proviso is not always limited in its effect to the part of the enactment with which it is immediately associated; it may apply generally to all cases within the meaning of the language used. McDonald v United States, 279 US 12, 73 L Ed 582, 49 S Ct 218.

Ballentine's law dictionary. . 1998.

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  • proviso — pro·vi·so /prə vī zō/ n pl sos or soes [Medieval Latin proviso quod provided that] 1: an article or clause (as in a statute or contract) that introduces a condition 2: a conditional stipulation Merriam Webster’s Dictionary of Law. Merriam Webster …   Law dictionary

  • Proviso — Pro*vi so, n.; pl. {Provisos}. [L., (it) being provided, abl. of provisus, p. p. of providere. See {Provide}, and cf. {Purview}.] An article or clause in any statute, agreement, contract, grant, or other writing, by which a condition is… …   The Collaborative International Dictionary of English

  • proviso — [prə vī′zō΄, prōvī′zō΄] n. pl. provisos or provisoes [ML proviso (quod), provided (that) < L, abl. of provisus, pp. of providere: see PROVIDE] 1. a clause, as in a document or statute, making some condition or stipulation 2. a condition or… …   English World dictionary

  • proviso — /pravayzow/ A condition, stipulation, limitation, or provision which is inserted in a deed, lease, mortgage, or contract, and on the performance or non, performance of which the validity of the instrument frequently depends; it usually begins… …   Black's law dictionary

  • proviso — /preuh vuy zoh/, n., pl. provisos, provisoes. 1. a clause in a statute, contract, or the like, by which a condition is introduced. 2. a stipulation or condition. [1400 50; late ME < ML proviso, for proviso (quod) it being provided (that), abl.… …   Universalium

  • proviso — pro•vi•so [[t]prəˈvaɪ zoʊ[/t]] n. pl. sos, soes 1) a clause, as in a statute or contract, by which a condition is introduced 2) a stipulation or condition • Etymology: 1400–50; late ME < ML prōvīsō, for prōvīsō (quod) it being provided (that) …   From formal English to slang

  • proviso —    (proh VYE zoh) [Latin: it being provided] A clause in a contract or statute in which something is described as a condition of an agreement; a stipulation or requirement.    This month, the computer will replace one of the readers with the… …   Dictionary of foreign words and phrases

  • proviso — /prəˈvaɪzoʊ / (say pruh vuyzoh) noun (plural provisos or provisoes) 1. a clause in a statute, contract, or the like, by which a condition is introduced. 2. a stipulation or condition. {late Middle English, from Medieval Latin prōvīsō (quod) it… …  

  • exception in statute — A clause in a statute which takes away from the operation of the measure that which, but for it, would be included. State ex rel. Crow v St. Louis, 174 Mo 125, 73 SW 623. An exception is similar to a proviso, although undoubtedly there is a… …   Ballentine's law dictionary

  • casu proviso — /keys(y)uw pravayzow/ In the case provided for. A writ of entry framed under the provisions of the statute of Gloucester (6 Edw. I) c. 7, which lay for the benefit of the reversioner when a tenant in dower aliened in fee or for life …   Black's law dictionary

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