Proviso in United States
Proviso Definition
A proviso is a limitation or exception to a grant made or authority conferred, the effect of which is to declare that the one shall not operate or the other be exercised unless in Case provi(fed. 187 Mich. 516, 525. 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. “This word hath divers operations. Sometimes it worketh a qualification or limitation, sometimes a condition, and sometimes a covenant.” Co. Litt. 146b, 203b. It always implies a condition, unless subsequent words change it to a covenant; but vhen a proviso contains the mutual words of the parties to a deed, it amounts to a covenant. 2 Coke, 72; Cro. Eliz. 242; Moore, 707. A proviso differs from an exception. 1 Barn. & Aid. 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 Am. Jur. 242; Plowd. 361; Garth. 99; 1 Saund. 234a, note; Lilly, Reg., and the cases there cited. See, generally, Am. Jur. No. 16, art. 1; Bac. Abr. “Conditions” (A); Comyn, Dig. “Condition” (A 1), (A 2); Dwarr. St. 660.
Proviso in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Proviso | Proviso in the World Legal Encyclopedia. |
| Proviso | Proviso in the European Legal Encyclopedia. |
| Proviso | Proviso in the Asian Legal Encyclopedia. |
| Proviso | Proviso in the UK Legal Encyclopedia. |
| Proviso | Proviso in the Australian Legal Encyclopedia. |
For starting research in the law of a foreign country:
Browse the American Encyclopedia of Law for Proviso
Scan Proviso in the appropriate area of law:
| Link | Description |
|---|---|
| Proviso | Proviso in the Family Law Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the IP Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Commercial Law Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Criminal Law Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Antritrust Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Tax Law Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Proviso | Proviso in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Proviso in the Dictionaries | Proviso in our legal dictionaries |
| http://lawi.us/proviso | The URI of Proviso (more about URIs) |
| Proviso related entries | Find related entries of Proviso |
Legal Issue for Attorneys
A proviso is a limitation or exception to a grant made or authority conferred, the effect of which is to declare that the one shall not operate or the other be exercised unless in Case provi(fed. 187 Mich. 516, 525. 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. “This word hath divers operations. Sometimes it worketh a qualification or limitation, sometimes a condition, and sometimes a covenant.” Co. Litt. 146b, 203b. It always implies a condition, unless subsequent words change it to a covenant; but vhen a proviso contains the mutual words of the parties to a deed, it amounts to a covenant. 2 Coke, 72; Cro. Eliz. 242; Moore, 707. A proviso differs from an exception. 1 Barn. & Aid. 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 Am. Jur. 242; Plowd. 361; Garth. 99; 1 Saund. 234a, note; Lilly, Reg., and the cases there cited. See, generally, Am. Jur. No. 16, art. 1; Bac. Abr. “Conditions” (A); Comyn, Dig. “Condition” (A 1), (A 2); Dwarr. St. 660.
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Notice
This definition of Proviso Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Resources
See Also
Further Reading (Articles)
PROVISO WEST CHAMPIONSHIP GAMES, Chicago Sun-Times; December 21, 1988
Proviso E.: basketball reigns, Chicago Sun-Times; April 17, 1991; Dan Bickley
Proviso West a `name’ tourney // Remember Aguirre, Thomas, Rivers?, Chicago Sun-Times; December 21, 1988; Mark Potash
Proviso West scrapbook, Chicago Sun-Times; December 29, 1996; MARK POTASH
The Proviso in Criminal Appeals, Melbourne University Law Review; December 1, 2003; Penhallurick, Catherine
Proviso E. Rally Stumps Proviso W., Chicago Sun-Times; March 13, 1993; Mark Potash
Proviso West top 40 is a real hit parade, Chicago Sun-Times; December 3, 2000; Steve Tucker
Proviso E. courts title // Manual has hope of upset, Chicago Sun-Times; March 17, 1991; Taylor Bell
Surprising Proviso W. Must Keep Improving, Chicago Sun-Times; January 4, 1993; Mark Potash
Hinsdale S., Proviso W. showcase new looks, Oak Leaves (Oak Park, IL); December 20, 2012
Davis, Stubblefield Lead Proviso East, Chicago Sun-Times; February 18, 1996; DAVID SOUTHWELL
PROVISO WEST’S 40 MOST INFLUENTIAL, Chicago Sun-Times; December 24, 2000
Other tournaments can’t match Proviso West, Chicago Sun-Times; December 31, 1999; Taylor Bell
Proviso East outduels Waukegan, Chicago Sun-Times; February 24, 1991; Allen Plyler
Proviso West loses its Head in defeat, Chicago Sun-Times; February 9, 2003
Proviso turns 40 Holiday tourney has played host to memorable players, games, Chicago Sun-Times; December 24, 2000; TAYLOR BELL
Proviso West Knocks Off King, Chicago Sun-Times; December 30, 1995; MARK POTASH
There’s Plenty of Season Left for Proviso East, Chicago Sun-Times; December 13, 1992; Mark Potash
Lucas Embodies Proviso Classic, Chicago Sun-Times; December 25, 1992; Taylor Bell
Hangin’ on; North fends off Proviso West rally, advances to the postseason, The Sun – Naperville (IL); October 25, 2001; Brad Nolan
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