Reports of Cases Argued And Determined in the Supreme Court of ..., volume 188
Reports of Cases Argued And Determined in the Supreme Court of ..., volume 188
Alabama Supreme Court
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Bryant, 104 Vau 509, 52 S. E. 638. (b) A proviso in a statute 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. It is generally intended to restrain the enacting clause and to except something which would otherwise have been within it.— 36 Cyc. p. 1161 ; Carroll v. State, 58 Ala, 396 ; Ex parte Lush, 82 Ala. 519, 2 South. 140; Pearce v. Bank of Mobile, 33 ...Ala. 693. (c) An exception in a statute differs from a proviso, in that the exception excepts something absolutely from the operation of the statute by express words in the en- acting clause. — ^36 Cyc. pp. 11, 63, 64 (cases cited sub- division 66) ; Camphell v. Jackman, 140 Iowa, 475, 118 N. W. 755, 27 L. B. A. (N. S.) 288; Rmc^^ll v. Janrrin, 151 N. Y. 60, 45 N. E. 398; Pabst Brewing Co. v. Mil- tcaukee, 148 Wis. 582, 133 N. W. 1112. (d) The re-enactment of a portion of an act in the language contained in the previous enactment, which language had previously been construed by the highest court of jurisdiction, operates as an adoption by the I^egislature of the construction theretofore imposed by the court on the language re-enacted.
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