 | Alexander Mansfield Burrill - 1870 - 674 sider
...always, that," &c. See Proviso, supra. A clause or part of a clause in a statute, the office of which is either to except something from the enacting clause,...exclude some possible ground of misinterpretation of its extent. Story, J. 1 5 Peters' It. 445. PROVISO, Trial by. In English practice. A term applied to... | |
 | James Kent - 1873 - 820 sider
...Abbott, J., 1 B. & Aid. 99 ; Thibault v. Gibson, 12 Mees. & W. 88 ; ib. 740. The office of a proviso is either to except something from the enacting clause,...qualify or restrain its generality, or to exclude eome possible ground of misinterpretation of its extent. Story, J., Minis v. United States, 15 Peters,... | |
 | Nevada. Supreme Court - 1873 - 436 sider
...the general rule proposed. The State D. Eureka Consolidated Mining Company. 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 cannot be read as if it were a substantive and... | |
 | Indiana. Supreme Court, Horace E. Carter, Albert Gallatin Porter, Gordon Tanner, Benjamin Harrison, Michael Crawford Kerr, James Buckley Black, Augustus Newton Martin, Francis Marion Dice, John Worth Kern, John Lewis Griffiths, Sidney Romelee Moon, Charles Frederick Remy - 1874 - 672 sider
...heirs. Judge STORY, in Minis v. The United States, 15 Pet. 423, thus defines a proviso. He says : " The office of a proviso, generally, is either to except...the legislature to be brought within its purview." The word " provision" will apply to the one class of suits as well as to the other. In fact, there... | |
 | Herbert Broom - 1874 - 880 sider
...Lord Campbell, Gurley r. Gurley, 8 Cl. & Fin. 764. 5 The office of a proviso in an Act of Parliament is either to except something from the enacting clause,...exclude some possible ground of misinterpretation of it us extending to cases not intended by the legislature to be brought within its purview: per Story,... | |
 | Nicholas St. John Green - 1879 - 838 sider
...would otherwise be included in the category from which it is excepted, and the office of a proviso is either to except something from the enacting clause...qualify or restrain its generality, or to exclude some ground of misinterpretation of it, as extending to cases not intended to be brought within its operation,... | |
 | United States. Supreme Court - 1874 - 738 sider
...would otherwise be included in. the category from which it is excepted, and the office of a proviso is either to except something from the enacting clause or to qualify or restrain its generality, er to exclude some ground of misinterpretation of it, as extending to cases not intended to be brought... | |
 | Herbert Broom, Edward Alfred Hadley - 1875 - 966 sider
...preceding enactment, by analogy to the Eng. L. 379. well-known rule of construction applicable (43) The office of a proviso, generally, is either to except...some possible ground of misinterpretation of it, as to extending to cases not intended by the legislature to be brought within its purview. Mini» v. United... | |
 | 1877 - 448 sider
...cannot see it in that light ; it is not so in words, is it so in substance ? The office of a proviso is either to except something from the enacting clause, or to qualify or restrain its generality, Ginsr". **"i' or fo exclude some possible ground of misinterpretation of its shehyn. truth. Now, it... | |
 | Virginia. Supreme Court of Appeals - 1878 - 934 sider
...office of the proviso," says he, "generally is either to except something from the enacting clause, to restrain its generality, or to exclude some possible...misinterpretation of it, as extending to cases not intended to be brought within its purview." The proviso to section 1, article xi, contains six distinct 1878.... | |
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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... 
