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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... "
New Cases Selected Chiefly from Decisions of the Courts of the State of New York - Side 366
av Austin Abbott - 1879
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United States Supreme Court Reports, Volum 48;Volumer 191-194

United States. Supreme Court - 1904 - 1384 sider
...should not necessarily control. Sutherland, Stat Constr. § 246. The office of a proviso is generally, either to except something from the enacting clause, or to qualify or restrain it generally. It is confined to that which precedes it, or to Ihe section to which it is appended,...
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Treasury Decisions Under Customs and Other Laws, Volum 17

United States. Department of the Treasury - 1909 - 694 sider
...rule is stated to be as follows, in volume 2t>, Am. <& Eng. Encyc. of Law, p. 678: The office of the proviso generally is either to except something from...the legislature to be brought within its purview; its office is not to confer a power, or an a general rule to enlarge the enactment to which it is appended...
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The Pacific Reporter, Volum 152

1916 - 1350 sider
...proviso is described In Minis v. United States, 40 US (15 Pet) 445, 10 L. Ed. 791, where it is said: "The office of a proviso, generally, is either to...exclude some possible ground of misinterpretation of it, ал extending to cases not intended by the Legislature to be brought unthin its purview." (The italics...
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Repertory of International Arbitral Jurisprudence: 1794-1918

Vincent Coussirat-Coustáere, Pierre Michel Eisemann - 1989 - 582 sider
...within its terms." In the contemporaneous case of Minis v. United States (Ib. 445) the same court said: 'The office of a proviso generally is either to except...generality, or to exclude some possible ground of misrepresentation of it, as extending to cases not intended by the legislature to be brought within...
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Report of Cases Argued and Determined in the Supreme Court of the ..., Volum 21

Arizona. Supreme Court - 1921 - 796 sider
...The proviso is an exception to the general grant of power conferred on the board, and nothing more. "The office of a proviso generally is either to except...legislature to be brought within its purview." Minis v. United States, 15 Pet. 445, 10 L. Ed. 799 (see also, Rose's IT. S. Notes). It is clear that this proviso...
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History and Digest of the International Arbitrations to which the United ...

John Bassett Moore - 1898 - 1180 sider
...within its terms.' In the contemporaneous case of Minis r. United States (Ib. 445) the same court said: 'The office of a proviso generally is either to except...generality, or to exclude some possible ground of misrepresentation of it, as extending to cases not intended by the legislature to be brought within...
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Congressional Serial Set, Utgave 5156

1907 - 1180 sider
...to it no independent operation is opposed to the clearest canons of statutory interpretation. While "the office of a proviso, generally, is either to...the enacting clause or to qualify or restrain its generalities or to exclude some possible ground of misinterpretation of it as extending to cases not...
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Luzerne Legal Register Reports, Volum 4

George Brubaker Kulp, Joseph D. Coons, Wesley E. Woodruff - 1888 - 590 sider
...proviso is now held to be not to repeal the purview of the statute but to except something from it, or to qualify or restrain its generality, or to exclude some possible ground of misinterpretation of its extent." In Re Courts of Lancaster, 4 Clark, 510. It must be observed here, that this proviso does...
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Luzerne Legal Register Reports, Volum 1

George Brubaker Kulp, Joseph D. Coons, Wesley E. Woodruff - 1882 - 576 sider
...without an infraction of the letter of the law, there was necessity for a proviso, or saving clause. " The office of a proviso generally is either to except something from the enacting clause, to restrain its generality, or to exclude some possible ground of misinterpretation of it, as extending...
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Biennial Report of the Attorney-General of the State of Colorado

Colorado. Attorney-General's Office - 1900 - 300 sider
...qualify or restrain the general provisions of an act, or to exclude any possible ground of interpretation as extending to cases not intended by the legislature to be brought within its purview. (Id., 118, note and cases cited; 1 Kent Com., 463, note a.) And if repugnant to the purview it is not...
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