Prove

See Appeove; Deeaign; Probate; Peoof. Provable debts. See Baxilruptcy. PROVIDED; PROVISO.i Employed in contracts, deeds, wills, statutes, and treaties in the senses indicated by the authorities subjoined. " Provided " is an apt word to create a condition. Yet it may not import a condition: it is often used by way of limitation or qualification, especially when it does not introduce a new clause, but only serves to qualify or restrain the generality of a former clause. = No word better expresses a condition; and it is always so taken, unless the context shows the intent was to create a covenant. "Provided," "so that," and "if it shall happen" are all of the same import as " on condition." " Provided always " may constitute a condition, limitation, or covenant, according to the circumstances.* See If. " Provided always " refers to all that has gone before, and qualifies precedinp limitations.*' "Provided" or "proviso," in a deed or will, though appropriate to constitute a common-law condition, does not invariably or necessarily do so. Giving way to the intent, may express a limitation in trust. " Proviso," in a statute, is generally intended to restrain the enacting clause; to except something which otherwise would have been within it; in some measure to modify it.' In deeds and laws " proviso " is 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. In a statute, excepts something from the enacting clause, qiialifies or restrains its generality, or excludes some possible ground of misinteiTDretation, as, extending to cases not within the purview. Carves special exceptions out of the body of a statute.i" Is ordinarily confined to the last enactment; but the context may evince a different intent. ' He who sets up any such exception must establish * L. prO'Videreto foresee, act with foresight. Proviso: it being provided. > Chapin v. Harris, 8 Allen, 596 (1864), Gray, J. Eich V. Atwatr, 16 Conn. *419 (1844), Williams, C. J. * Heaston v. Commissioners, 20 Ind. 403 (1863), Worden. J. Martelli v. Holloway, 5 L. E., H. L. S49 (1872). * Stanley v. Colt, 5 Wall. 166 (1806), Nelson, J. ' Wayman v. Southard, 10 Wheat. 30 (1835), Marshall, Chief Justice. s Voorhees v. Bank of the United States, 10 Pet. 471 (1836), Baldwin, J. Minis V. United States, 15 Pet. 445 (1841), Story, J. "United States v. Dickson, 15 Pet. 165 (1841), Story, J.; Eyan v. Carter, 93 U. S. 83 (1870). it, as being within the words as well as within the reason of the law.' An " exception " is of that which otherwise would be Included in the category from which it is excepted ' See Exception, 2.