Provided — Law Dictionary

Bouvier's Law Dictionary and Concise Encyclopedia

John Bouvier; revised by Francis Rawle · 1914

The word always expresses a condition, unless it appears from the context to be the intent of "the parties that it shall constitute a covenant; Rich v. Atwater, 16 Conn. 419; but it has been held that, though it is apt to create a condition, it does not necessarily do so; it is often used by way of limitation or qualification only, especially when it does not introduce a new clause, but only serves to qualify or restrain the generality of a former clause; Chapin v. Harris, 8 Allen (Mass.) 596. The word is often used as a conjunction to an independent paragraph; Georgia R. & B. Co. v. Smith, 128 U. S. 174, 9 Sup. Ct. 47, 32 L. Ed. 377. Provided always may introduce a condition, limitation, or covenant, according to circumstances; Heaston v. Board of Com’rs, 20 Ind. 403. See Proviso.

Black's Law Dictionary

Henry Campbell Black, M.A. · 1910

The word used in introducing a proviso (which see.) Ordinarily it signifies or expresses a condition; but this is not invariable, for, according to the context, it may import a covenant or a limitation or qualification or a restraint, modification or exception to something which precedes. See Stanley v. Colt, 5 Wall. 166, 18 L. Ed. 502; Stoel v. Flanders, 68 Wis. 256, 32 N. W. 114; Robertson v. Caw, 3 Barb. (N. Y.) 418; Paschali v. Passmore, 15 Pa. 308; Carroll v. State, 58 Ala. 396; Colt v. Hubbard, 33 Conn. 281; Woodruff v. Woodruff, 44 N. J. Eq. 349, 16 Atl. 4, 1 L. R. A. 380.

Dictionary of Terms and Phrases Used in American or English Jurisprudence

Benjamin Vaughan Abbott · 1879

The words usually employed to create a condition are " on condition." But the phrases "provided," "so that," "if it shall happen," are of the same import. " Provided always " may constitute a condition, limitation, or covenant, according to circumstances. Heaston V. Commissioners of Randolph County, 20 Ind. 398.