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Bøker Bok 2130 av 142The office of a proviso, generally, is either to except something from the enacting...
" 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 370
av Austin Abbott - 1879
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A Law Dictionary and Glossary: Containing Full Definitions of the ..., Volum 2

1870
...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...
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Commentaries on American Law, Volum 1

James Kent - 1873
...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,...
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Reports of Decisions of the Supreme Court of the State of Nevada, Volum 8

Nevada. Supreme Court - 1873
...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...
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volum 42

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
...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...
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A Selection of Legal Maxims: Classified and Illustrated

Herbert Broom - 1874 - 993 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,...
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Criminal Law Reports: Being Reports of Cases Determined in the ..., Volum 2

Nicholas St. John Green - 1879
...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,...
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United States Reports: Cases Adjudged in the Supreme Court, Volum 84

United States. Supreme Court - 1874
...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...
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Commentaries on the Laws of England, Volum 1

Herbert Broom, Edward Alfred Hadley - 1875
...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...
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Rapports Judiciaires de Québec, Volum 1

1877
...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...
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Reports of Cases in the Supreme Court of Appeals of Virginia

Virginia. Supreme Court of Appeals - 1878
...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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