proviso
    n 1: a stipulated condition; "he accepted subject to one
         provision" [syn: provision, proviso]

Proviso \Pro*vi"so\, n.; pl. Provisos. [L., (it) being
   provided, abl. of provisus, p. p. of providere. See
   Provide, and cf. Purview.]
   An article or clause in any statute, agreement, contract,
   grant, or other writing, by which a condition is introduced,
   usually beginning with the word provided; a conditional
   stipulation that affects an agreement, contract, law, grant,
   or the like; as, the contract was impaired by its proviso.
   [1913 Webster]

         He doth deny his prisoners,
         But with proviso and exception.          --Shak.
   [1913 Webster]

PROVISO. The name of a clause inserted in an act of the legislature, a deed, 
a written agreement, or other instrument, which generally contains a 
condition that a certain thing shall or shall not be done, in order that an 
agreement contained in another clause shall take effect. 
     2. It always implies a condition, unless subsequent words 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. 
     3. A proviso differs from an exception. 1 Barn. k 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 Amer. Jurist, No. 16, 
art. 1; Bac. Ab. Conditions, A; Com. Dig. Condition, A 1, A 2; Darw. on 
Stat. 660.