Protocol

civil law, inter- clause inserted in an act of the legnational law. A record or register. islature, a deed, a written agree- Among the Romans, protocollum ment, or other instrument, which was a writing at the head of the first generally contains a condition that a page of the paper used by the nota- certain thing shall or shall not be ries or tabellions.

Nov. 44.

In done, in order that an agreement France the minutes of notarial acts contained in another clause shall change it to a covenant; but when a proviso contains the mutual words of the parties to a deed, it amounts to a covenant. 2 Co. 72; Cro. Eliz. 242; Moore, 707; Com. on Cov. 105; Lilly’s Reg. h. t.; 1 Lev. 155; A proviso differs from an exception, 1 Barn. & Ald. 99. <An exception exempts, absolutely, from the operation of an engagement or an enactment; a proviso defeats their operation conditionally. An exception takes out of an engagement or enactment, something which would otherwise be part of the subject-matter of it; a proviso avoids them by way of defeasance or excuse.

8 Amer. Jurist.

242; Plowd. 361; Carter, 99; 1 Saund. 234 a, note; Lilly’s Reg. h. t.; and the cases there cited.

Vide, generally, it Amer. Jurist, No. 16, art. 1; 1 & Bac. Ab. 631; Com. Dig. Condition, ua Al, A 2.