 | 1902 - 1164 sider
...criminal court, where such judge, justice, or officer receives a salary. The usual office of a proviso is either to except something from the enacting clause, or to qualify or restrain Its generality. Sloat v. McComb, 42 NJ Law, 484; Sipley v. Wass, 47 NJ Law, 187; Roxbury Lodge v. Hocking, 60 NJ Law,... | |
 | George Brubaker Kulp, Joseph D. Coons, Wesley E. Woodruff - 1886 - 576 sider
...proviso. " The office of a proviso generally is either to except something from the enacting clause, to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of its extending to cases not intended to be brought within its purview." Potter's Dwarris on Statutes,... | |
 | California. Supreme Court - 1887 - 760 sider
...as was said by the Supreme Court of the United States, in Minis v. The United States, 15 Pet. 445, " either to except something from the enacting clause,...the Legislature to be brought within its purview." Yet, that a proviso may contain provisions broader than the enacting clause, and lay down a general... | |
 | 1911 - 1320 sider
...enactment ; it is either an exception or a condition or a limitation on what has preceded. "Its office, generally, is either to except something from the...some possible ground of misinterpretation of it, as extended to cases not intended by the Legislature to be brought within its purveiw." 32 Cyc. 743, n.... | |
 | Illinois. Appellate Court, Edwin Burritt Smith, Martin L. Newell - 1887 - 706 sider
...enacting clause, or to restrain its generality, or to exclude some possible ground of misinterpret tation of it, as extending to cases not intended by the Legislature to be brought within its purview." In Boon v. Joliet, 1 Scam. 258, it is said: "A provision in a statute is intended to qualify what is... | |
 | 1888 - 942 sider
...either to except something from the enacting clause, or to qualify and restrain its generalit} 7 , or to exclude some possible ground of misinterpretation...legislature to be brought within its purview.. Minis v. The United States, 15 Pet., 445. When, therefore, the legislature, as in this case, in the proviso... | |
 | Robert Stewart Morrison - 1888 - 774 sider
...This is -the leading idea of the statute — the general rule proposed. The office of a proviso is to except something from the enacting clause, or to qualify or restrain its generality. Per Story, J., 15 Pet. 445. The last clause or proviso can not be read as if it were a substantive... | |
 | 1889 - 1014 sider
...proviso in section of a statute to confer power. In Huddleson vs. Francis (124 111., 196), we held that the office of a proviso, generally, is either to except...exclude some possible ground of misinterpretation of its extending to cases not intended to be included. The same rule was announced by the Supreme Court... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - 1890 - 706 sider
...orphans' court." As observed by Mr. Justice Story, speaking for this Opinion of the Court. court, " the office of a proviso, generally, is either to except...legislature to be brought within its purview." Minis v. United States, 15 Pet. 423, 445. The insertion of this proviso, therefore, manifests the understanding... | |
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The office of a proviso, generally, is either to except something from the enacting clause, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending to cases not intended by the legislature... 
