| United States. Supreme Court - Law reports, digests, etc - 1861 - 704 pages
...interpretation of statutes, that when the enacting clause is general in its language and objects, and a proviso is afterwards introduced, that proviso is...case out of the enacting clause which does not fall plainly within its terms. In short, a proviso carves special exceptions only out of the enacting clause... | |
| United States. Court of Claims - 1919 - 740 pages
...interpretation of statutes, that where the enacting clause is general in its language and objects and a proviso is afterwards introduced, that proviso is...clause which does not fall fairly within its terms.'" It may be safely stated, as a rule of statutory construction, that the enactment clause and the proviso... | |
| Austin Abbott - Civil procedure - 1870 - 584 pages
...the Code. And this is in accordance with the rule that a proviso is construed strictly. It "carries special exceptions only out of the enacting clause ; and those who set up any such exception imist establish it as being within the words' as well as within the reason thereof" (Per STORY, J.,... | |
| Electronic journals - 1883 - 416 pages
...interpretation of statutes, that where the enacting clause is general in its language and objects, and a proviso is afterwards introduced, that proviso is...the enacting clause and those who set up any such exceptions must establish it as being within the words as well as within the reason thereof." As matter... | |
| Law reports, digests, etc - 1904 - 1126 pages
...interpretation of statutes, that where the enacting clause is general in its language and objects, and a proviso is afterwards introduced, that proviso is...fairly within its terms. In short, a proviso carves out special exceptions only out of the enacting clause, and those who set up any such exception musv... | |
| Law reports, digests, etc - 1900 - 2044 pages
...interpretation of statutes, that where the enacting clause Is general in Its language and objects, and a proviso is afterwards introduced, that proviso is construed strictly, and takes no case ont of the enacting clause which docs not fall fairly within its terms. In short, a proviso carves... | |
| United States. Department of the Interior - 1881 - 1078 pages
...interpretation of statutes, that where 'he enacting clause is general in its language and objects, and a proviso is afterwards introduced, that proviso is...the enacting clause; and those who set up any such exceptions must establish it as being within the words as well as within the reason thereof." Now,... | |
| Law reports, digests, etc - 1908 - 1164 pages
...fairly within the terms of the proviso." In re Matthews (DO) 109 Fed. 603. "In short, a proviso covers special exceptions only out of the enacting clause, and those who set up any such exceptions must establish same as being within the words, as well as within the reason thereof." McRae... | |
| United States. Supreme Court - Law reports, digests, etc - 1911 - 766 pages
...Sutherland on Stat. Const., ยง 352; United States v. Dickson, 15 Pet. 141, 165. A proviso should be construed strictly and takes no case out of the enacting clause which does not clearly fall within its terms. Ryan v. Carter, 93 US 78, 85; United States v. Alston, Newhall & Co.,... | |
| Law reports, digests, etc - 1913 - 1236 pages
...its language and objects, and a proviso Is afterwards Introduced, that proviso Is strictly construed, and takes no case out of the enacting clause which does not fall within its terms.' " We are therefore of opinion that gas comactments under construction, but, as to... | |
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