proviso

/pravayzow/

A condition, stipulation, limitation, or provision which is inserted in a deed, lease, mortgage, or contract, and on the performance or non, performance of which the validity of the instrument frequently depends; it usually begins with the word "provided."

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 the case provided. A clause or part of a clause in a statute, the office of which 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 its extent.

A "proviso" is used to limit, modify or explain the main part of section of statute to which it is appended. Saginaw County Tp. Officers Ass'n v. City of Saginaw, 373 Mich. 477, 130 N.W.2d 30, 32.

The office of a "proviso" in a statute is to restrict or make clear that which has gone before. Allen v. Burkhart, Okl., 377 P.2d 821, 827.

A clause engrafted on a preceding enactment for the purpose of restraining or modifying the enacting clause or of excepting something from its operation which would otherwise have been within it. Stoller v. State, 171 Neb. 93, 105 N.W.2d 852, 856.

A proviso is sometimes misused to introduce independent pieces of legislation. Cox v. Hart, 260 U.S. 427, 43 S.Ct. 154, 157, 67 L.Ed. 332.

Its proper use, however, is to qualify what is affirmed in the body of the act, section, or paragraph preceding it, or to except something from the act, but not to enlarge the enacting clause. And it cannot be held to enlarge the scope of the statute. Exception and proviso distinguished.

See exception.

Proviso quod, etc., provided that if the plaintiff shall take out any writ to that purpose, the sheriff shall summon but one jury on them both. Jp-'Bistirib