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By J. W. Thompson

The Sullman, Picard & Ballot patent, No. 835120, is a process of concentrating ore which consists in mixing the powdered ore with water, adding a small proportion, a fraction of 1 per cent on the ore, of an oily liquid having a preferential affinity for metal- liferous matter, agitating the mixture until the oil-coated mineral matter forms into a froth and separating the froth from the remain- der by flotation. The process is known as an air-flotation process which consists in the use of a frothing agent in conjunction with such agitation of the ore pulp as will distribute the metallic particles of the ore throughout the mixture and produce bubbles of air and bring them in contact in the mixture with the metallic particles so dis- tributed. The bubbles will become attached to such metallic par- ticles, carrying them separately from the particles of gangue up through the surface of the mixture where they can be readily collected by skimming, by overflow, or by the use of other well-known devices. The air-flotation process was a patentable invention in the discov- ery made in March, 1905, and was not anticipated and is valid. Prior to that time there had been no suggestion in the arts that a propor- tion of 0.1 per cent of oil to ore or of any other fraction of 1 per cent of oil to ore would or might result in successful concentration. While the ascertainment that such a minute proportion of oil would affect a successful concentration of ore through a flotation process was a discovery, it was nevertheless of such a character, viewed with respect to the circumstances under which it was made, as to involve inven- tion and confer patentability. Claims 1 and 12 of the Sullman, Picard & Ballot patent, No. 835120, for a process of concentrating ore, known as the air-flotation process, are valid; but claim 9 is so indefinite as to render the claim void. The object of the Sullman, Greenway & Higgins patent, No. 962678, dated June 28, 1910, for improvements in ore concentration, is to separate metalliferous matter, graphite, and the like from gangue by means of oil, fatty acid, or other substances which have a prefer- ential affinity for metalliferous matter over gangue, and it is valid. The Greenway patent, No. 1099699, dated June 9, 1914, for improve- ments in the concentration of ores is invalid, as in view of the prior art the omission to use acid in the process can not confer patenta- bility.

Jan 1, 1917

Objective: The Roof Monitoring Safety System (RMSS) provides a first step in roof behavior awareness. By understanding and measuring roof movement in an underground mine, the potential for injuries or fatalities to mine workers from fall of ground can be lessened. Also, officials at an underground mine with a history of data on roof movement are better prepared to make a decision on remedial actions if falls of ground become a problem. The RMSS provides a safer, simple, and inexpensive means for measuring roof movement.

Aug 1, 1998

By S. H. Katz, J. J. Bloomfield

In studies of mine and tunnel ventilation conducted by engineers of the Bureau of Mines , various smokes are used to determine flow of air , direction of the currents , and the rate of mixing . The instrument for generating streams of sulphur trioxide (SO ) smoke , shown in the drawing herewith, has been found helpful , convenient and practicable for such purposes ; it is also especially useful in some places where fire for generating smokes is not permissible . The apparatus consists simply of a glass tube containing fuming sulphuric acid on granular pumice stone , attached to a rubber syringe bulb . When a squeeze of the bulb blows air through the tube , a stream of dense white smoke evolves, which follows and makes visible the air currents . The tubes after preparation are hermetically sealed to prevent deterioration . When ready for use , they are easily broken open at a file scratch for the purpose on both tips , and inserted into a rubber nipple at the bulb . Sometimes it is of advantage to attach them to a longer rubber tube leading to the bulb . Tubes of the size shown (about 1/2 inch outside diameter by 5 inches long) are usually sufficient for the needs of a day . Thereafter they cease to fume because the acid absorbs moisture from the air and looses its effectiveness . Smaller sizes of tubes and larger have been made , but the size shown has proved most practicable . Immediately after a person has finished using a tube it should be buried or disposed of in a place where it will not be touched by shoes or clothing, or come in contact with wooden floors , furniture , or metals , because the acid , which will eventually leak from the tubes , is highly corrosive . -- Reports of Investigations , Department of the Interior , Bureau of Mines .

Jul 1, 1923

By Charles Vaught, Kathleen Kowalski

Emergency personnel, like all workers, carry out their duties within an environment composed of a set of discrete elements. First, there is the emergency itself. Whether a forest fire in France, a tornado in the American Midwest, or a mining disaster in Russia, the emergency imposes certain exigencies upon the responders. Second, a social structure exists with specific social units, rules, and forms of association. An emergency response, therefore, takes place within a context of prescribed behaviors, expectations, and value judgments that are sometimes in conflict with each other. Third, there is a technology that must be understood in order to accomplish group goals. If the technology itself is implicated in the emergency, the entire emergency environment may be impacted. Clearly, a breakdown in any of these elements could result in worker injury and might heighten responder stress. This paper discusses how emergency workers not only get injured but may come to experience bum-out, post-traumatic stress syndrome, or impaired work and family relationships, even though their normal work setting (the emergency) is expected to be 'abnormal'. The authors suggest areas in each of the three environmental elements that, deserve further inquiry.

By H. H. Clark

The term "explosion-proof," as applied by the Bureau of Mines to an electric motor, refers to a motor inclosed by a casing so constructed that an explosion of a mixture of mine gas (methane) and air within the casing will not ignite a mixture of the same gas surrounding the motor. There are two classes of motors so constructed: First, a totally inclosed class built strong enough to withstand high internal pressures and so designed that the efficiency of all inclosing covers can be satisfactorily maintained; second, a class provided with relief openings or valves designed to relieve the pressure of an explosion within the motor casing and to cool any products of combustion dis- charged through the valves. A satisfactory motor of the first class is much more expensive to build than an equally safe motor of the second class. For this rea- son, attempts to make motors explosion-proof have been confined chiefly to motors of the second class.

Jan 1, 1912

By N. S. Dalal, B. Jafari, V. Vallyathan

Electron spin resonance measurements have now been completed on the decay kinetics of the organic free radicals formed on crushing or grinding of a well characterized anthracite coal. The free radicals exhibit a complex decay pattern for the first few hours after the grinding, and a smooth decay thereafter. Parallel hemolysis studies indicate. a half-life of the decrease in the cytotoxicity of the fresh· dust to be about half-a-day. The cytotoxicity of the freshly-made dust decreases on addition of superoxide dismutase, catalase and sodium benzoate. The hemolysis rate is lower for the dust stored in buffers as compared to air. A chemical model will be presented to accomodate the cytotoxicity and spectroscopic data, and ~heir implicati6ns to pneumoconiosis.

Jan 1, 1988

By Douglas D. Reynolds, Tarek Deeb, Qunli Liu

Landmines are a great threat to military vehicles and their occupants. Mine blasts can completely destroy vehicles and kill all the occupants or disable the vehicle and leave the occupants severely injured. Injuries sustained during a landmine blast come from fragmentation that enters the vehicle through a hull breach, hot gasses expanding through the vehicle, or shock created from the extreme pressure of the blast (Lafrance, L.P. 1998). Mitigating the high acceleration experienced by the occupants during survivable mine blasts is the focus of the research being addressed in this paper. Method The objective of the project reported in this paper was to prove the feasibility that pneumatic seat technologies that employ light-weight, foam-filled, inflatable air bladder seats and seat backs can be used to protect the crews of lightweight combat vehicles against the detrimental and injurious effects of mine blasts. This protection includes reducing the shock energy experienced by seated vehicle crews during mine blast initiation and at vehicle slam-down to below potentially injurious levels. Figure 1 shows a schematic representation of the proposed lightweight, foam-filled, inflatable mine blast attenuating seat. It will consist of specially designed interconnected seat and seat back lightweight, foam-filed, air bladders that are supported by a rigid frame. [ ] Results Air gun tests and finite element analyses were conducted to determine the effectiveness of a light-weight, foam-filled, inflatable air bladder seat shock isolation system in isolating a vehicle occupant from the injurious effects of a mine blast. Figures 2 through 5 show analytical and experimental results associated with a 65.8 kg mass resting on an inflatable air bladder that is exposed to a shock input.

Jan 6, 2006

By F. B. Tough

An inusual job in controlling a gas well was executed on No. 1 well, Inland Oil and Refining Co., situated on the Alkali Butte structure, Freemont County, Wyoming. The work was done by the company in cooperation with the . S. Bureau of Minos, and resulted in a fuel saving of $5,000 in one season and of a repair job estimated at $15,000, or a total of $21,000. The woll had an open flow of 6,000,000 cubic feet of gas per day with a rock pressure of 560 pounds per square inch. A string of 6-1/4 inch casing with a toothed shoe was set on the cap rock above the gas sand at 2181 feet. Then the well was shut in, the gas worked out around both the 6-1/4 inch and 6-1/4 inch strings, breaking through the ground surface at several points under the derrick. Casing troubles encountered while drilling made it unsafe to attempt Coving the 6-1/4 inch string. Moreover, it was important from the standpoint of good management to make the gas from this well immediately available for fuel in other operations and, in addition, to save the gas from wasting. An ordinary mudding and cementing job would have necessitated sitting down this well for probably two months out of a very short operating season. For these rousons it was determined to mud the well, if possible, between the 6 and 8 inch strings by pumping mud fluid through the connection from the gas clamps. The gas clamps used wore of ordinary construction with a side outlet, making them equivalent to a Braden-hoad. When the mud fluid was pumped through the gas clamp into the space between the two strings, it began to appear inside the 6-1/4 inch string. It apparently entered the well either around the toothed shoe or through a "line sawed" leak in the string and was blown out of the well as fast as it was pumped in. In order to stop the leaks, about a half a gunny sack of finely chopped bull ropa was fed with the mud between the casings as before. The hemp gathered around the valves of the mud pump to some extent, and it also stuck in the casing-head fittings a few times. An obstruction in the casing- head would be removed by permitting the woll to "blow back" for a few seconds, and one in the pump valves, by removing the valves when necessary. In two days' time sufficient hemp and mud had been pumped into these strings to kill external and internal pressure. The wall was shut in and allowed to stand over night. The next day, by opening and closing the master gate at intervals,

Mar 1, 1921

By Robert L. Chufo

The U.S. Department of Energy Pittsburgh Research Center,1 has developed and field tested a spatial, spectral sensor for measuring the thickness of mineral deposits. Knowledge of the dielectric constant of the material is not necessary because the electrical properties of the media are determined automatically along with the thickness or distance measurement. The technology was developed to measure the thickness of coal remaining in the roof and floor of a mine or the thickness of a coal pillar remaining between two mining entries for the purpose of guiding a mining machine. However, field tests have shown the new technique is equally valuable for measuring the thickness of each layer in a multilayer manmade structure such as highway paving or building foundations and the thickness of geological deposits other than coal, such as, salt, granite and sandstone. The noncontacting electromagnetic technique uses spatial modulation created by moving a simple dipole sensor antenna in a direction along each axes to be measured while the complex reflection coefficient is measured at multiple frequencies over a two-to-one bandwidth. The antenna motion imparts spatial modulation to the data and enables frequency domain signal processing to solve the problem of media, target and antenna dispersion. The technique overcomes the problem of multipath reflections from nearby metal structures and avoids the use of radio frequency absorbing material. In its present form the system measures material thickness of zero to over 3 m to within ±2.5 cm accuracy. The system parameters are variable to suit the application but for most applications default values of 40 cm antenna motion with measurements made at 401 frequencies from 0.6 to 1.4 GHz at each of 32 antenna positions with a power level of 0 dBm or less are more than adequate to provide a satisfactory signal-to noise ratio. In the range of 0 to 10 m the system operates in the continuous wave mode and by simply turning off the transmitter for ranges beyond 10 m the problems of time domain processing are entirely avoided. The technique can be implemented with a vector network analyzer, a servo controlled L-band antenna positioner, an IEEE488 bus controller and a process computer. An electronics package designed and constructed to operate in the harsh mining environment and providing 1, 2 or 3 dimensional image presentation is being evaluated as a replacement for the network analyzer. Key words: Ground penetration radar, Spatial, Spectral

By L. Prosser, A. Iannacchione, G. Esterhuizen

The potential for roof falls in underground mines remains a clear and present danger for mine workers. An investigation of ground conditions in nearly 50% of the nation’s underground stone mines found that the state of roof stability is primarily determined in a limited and subjective manner. These large opening mines, with roof heights typically of 7 m or more, make physical observation difficult. Although some mines use monitoring techniques to gain additional information on roof stability, this practice is usually short-term and localized to address ground conditions in a particular section or part of the mine. A methodology to assess the risk for a roof fall is proposed in a preliminary fashion based on engineering judgment acquired from extensive underground stone mine experience and examination of related literature. The proposed method utilizes an observational technique to identify the risk of roof falls in three categories. Case study scenarios provide a realistic picture of model implementation. Providing the mine level decision maker with an accurate assessment tool to ascertain the level of risk related to ground conditions is expected to reduce mine worker injuries and fatalities. Moreover, the presences of danger can be overcome with a clear picture of quantified ground conditions.

By J. W. Thompson

CONVEYANCE OF COAL IN PLACES. Coal or other mineral in place may be granted and conveyed as land, separate and apart from that which underlies or overlies it. Board, etc., of Greene County v. Lattas Creek Coal Co., 100 Northeastern, 561 (Indiana), January, 1913. MINERALS SUBJECT OF GRANT. Coal, mineral, and stone under the surface of the earth are the subject of grant and exception, and when excepted in a deed become a separate and distinct inheritance. Gordon v. Million, 154 Southwestern, 99 (Missouri), February, 1913. CONVEYANCE BY ONE COTENANT. One cotenant of land can not make a valid conveyance as against his cotenants of the minerals therein and a right to the small timber on the surface necessary for mining purposes with easements and full rights of way over the premises by the construction of roads, tram- ways, or railroads for the purpose of extracting, storing, handling, and shipping the mineral products. Ball v. Clark, 150 Southwestern, 359 (Kentucky), November, 1912. CONTRACT OF SALE COVENANTS RUNNING WITH LAND. Where a deed was made pursuant to a contract for the sale of certain copper-mining property at an agreed price, and at the same time and as a part of the same transaction a written agreement was

Jan 1, 1913

Develop a dry dust collector suitable for working faces and belt transfer paints. Approach A filter cartridge with a reverse-pulse, self-cleaning system has been mounted in-to a low profile unit requiring electric power only. How It Works Dust-laden air entering the in-let end of the collector passes through the two inline filter elements. When the elements load to a pre-selected pres-sure drop, they are automatically pulse-cleaned by a "backflush" method using compressed air. When the elements are pulse-cleaned, caked dust material on the filter surface is released, and falls away as lumps. Dust is removed from the collector by an auger mechanism. Features of the collector are: (1) unit is completely self-contained, (2) built-in air compressor for pulse-cleaning, (3) cleaning cycle initiates automatically at a preset restriction, (4) automatic auger discharge of collected dust, (5) detachable extension auger for transporting collected dust, (6) "dust leak" indicator light, and (7) "change filter element II warning light. The collector has been designed as permissible although approval has not yet been granted.

Jan 1, 1981

By Launa G. Mallett, Charles Vaught

This report is intended to help mine safety trainers better prepare to teach the influx of new underground coal miners who are entering the industry. This is done by identifying two different approaches to instruction and discussing the ways they may affect how well prepared new hires are to deal with a dynamic and hazardous workplace. One approach is based on the use of a syllabus. Those using a syllabus are more likely to rely on lecturing or direct instruction. This is a good way to get across factual information, but does not provide a context within which miners can fit the discrete facts so that they form an integrated whole set of concepts, principles, and skills. The other approach is based on the use of a curriculum. Those using a curriculum may be more likely to help miners integrate concepts and skills that give them an overall picture of the complex mining environment and how they fit into the workplace. This will better prepare them for the decision-making and problem-solving activities that will help them work safely and productively

Jan 1, 2008

By E. P. Youngman

The mining laws of Russia (Collection of Laws, vol. 7, 1912) are still in force in Latvia. The Free State of Latvia (declared independent on November 8, 1918) is composed chiefly of the Baltic Provinces of the former Russian Empire, which are ethnographically Lettish: The Province of Courland, four districts of the Province of Livonia, and three districts of the Province of Vitebsk. Since the establishment of its independence, Latvia has not felt the need of a special mining law, inasmuch as mining so far has not been found profitable in that country. A supplement to this paper, entitled "Mineral Resources," is a brief summary of the minerals found and utilized in latvia. RIGHTS OF FOREIGNERS A foreign individual is permitted to explore for minerals and to own and operate mines in Latvia on equal terms with Latvians. A foreign corporation is required to establish a branch in Latvia, which shall be subject to the corporation laws of the country. A certain number of the partners or incorporators must be citizens of Latvia.

Nov 1, 1931

By M. J. Friedel, D. E. Scott, T. J. Williams

Rock masses in deep level mines are subject to high stresses, which can result in unexpected failure of rock into mined-out openings. Historically, various independent methods have been used to discern the causes of rock bursts and to evaluate stress conditions in rock masses susceptible to violent failure. Personnel from two research centers of the former U.S. Bureau of Mines, Spokane and Twin Cities, investigated a rock burst that occurred in May of 1994 in a rock mass between the 4400 and the 4600 levels of the Sunshine Mine, Kellogg, ID. The team evaluated the current state of stress in the pillar and the most likely cause of the rock burst by studying the seismic history of the pillar, examining the geology, analyzing the available in situ stress data, calculating possible fault-plane solutions for the burst, and performing a seismic velocity tomographic survey. The results of the study showed that post-rock-burst seismicity was concentrated about 15 to 30 m west of and about 15 m above the rock-burst location. The pillar is composed of a very hard sericitic-to- vitreous quartzite of a type rarely found in the mine, but that is often found in other district mines having a history of seismic activity. In situ stress analysis of the pillar and the surrounding rock mass showed a probable stress rotation from northwest-southeast to east-west. Of four fault plane solutions, the most probable was either a left-lateral, strike-slip movement with a compressive principal stress oriented nearly north-south, or a right-lateral, strike-slip movement oriented east-west. Finally, tomographic images showed low-velocity areas (interpreted as areas of low stress) associated with the crosscuts and haulageways, and high-velocity areas (interpreted as areas of high stress) associated with the rock-burst location. High velocities were also found in a planar area oriented in an elongate northeast-southwest direction.

To improve the efficiency and speed of under-ground post-disaster rescue operations. The Approach: Develop a battery-powered mine-rescue vehicle designed to carry rescue crews, rescued miners, and their support equipment. How It Works: The experimental vehicle, shown below, was designed and constructed by the Mine Safety Appliances Company under contract to the Bureau of Mines. ATV Manufacturing Company and Delco Electronics were subcontractors. A rechargeable, silver-zinc battery provides power to a 3-horsepower permissible motor, the speed of which is regulated by a solid-state controller. Three wheels on each side are independently driven by a chain and mechanical trans-mission.

Jan 1, 1974

By R. P. Vinson, D. P. Tuchman

The personal dust monitor (PDM) is a sampling device developed for measuring the personal exposure to coal mine dust of mine workers. The device is based on proprietary technology known as the tapered element oscillating microbalance (TEOM) originally developed as a fixed- site environmental particulate mass monitor by Rupprecht and Patashnick Co., Inc., Albany, NY. Currently, the monitoring of exposure to coal mine dust relies on periodic samples taken by traditional coal mine dust sampling units that use a cyclone, filter, pump, and laboratory measurement of the filter mass. Better measurement of mine dust levels has been the goal of industry and labor for nearly two decades. PDM technology offers accurate, end-of-shift and near real time assessment of worker dust exposure. Laboratory and underground tests compared measurements taken by a prototype PDM-2 (a two-piece TEOM) to the average of multiple personal dust samplers monitoring the same space. In the range of mass loadings P between 0.5 and 4.0 mg/m the PDM met a 25% accuracy criterion 95% of the time with 95% confidence. However, some questions still exist about potential bias between types of coal. The prototype two-piece device is in the process of being combined into a single unit that also contains the miners' cap lamp creating a more ergonomic dust sampling system.

By Lloyd A. Morley, Alan M. Christman

General A review of the literature has revealed important areas which should be investigated during the field work. Of the utmost importance is the safety of mine personnel. Should a phase-to-ground fault occur on a shovel or other piece of equipment, current may return to the substation through the machine's contact surface with the mine floor, thereby raising the frame above ground potential and posing a shock hazard to anyone who touches the equipment. If the frame-to-earth resistance is very low, then no dangerous potentials will be developed, and a basis for elimination of the ground conductors from trailing cables could be postulated. However, should the contact resistance be high, then lethal voltages could be present on the machine frame. In this instance, low-resistance ground conductors in the trailing cable would be a necessity. Therefore, field tests should include measurements of the earth resistance of electrically operated portable or mobile mining equipment such as shovels, draglines, and drills. When the electrical distribution system is subject to lightning discharges, the grounding grid must safely carry to earth and dissipate enormous current surges. It is essential that the grounding grid have a low value of earth resistance, because any potential developed across the grounding grid as a result of current flow will appear on the frames of all machinery connected to the grid. Thus, an earth resistance

Jan 1, 1976

GLOSSARY TERM DEFINITION ACCOMODATION The process by-which the eye changes focus from one distance to another. ADAPTATION The process by which the retina adjusts-to more or less light then it was exposed to during an immediately preceding period. Also involved, to a lesser degress, is the change in the size of the pupil which regulates the amount of light entering the eye. Adaptation results in a change in the sensitivity of the eye to light. CENTRAL VISION (FOVEAL) The seeing of objects in the central or foveal part of the visual field. It is approximately two degrees in diameter and permits seeing much finer detail than does peripheral vision. DIRECT GLARE The effect of brightness or brightness differences within the visual field sufficiently high to cause annoyance, discomfort, or loss in visual performance. FOOT CANDLE A measure of the amount of light falling onto a surface. FOOT LAMBERT A measure of the amount of light that is being reflected by a surface. GLARE The effect of brightness or differences in brightness within the visual field sufficiently high to cause annoyance, discomfort, or loss in visual performance. LAMP A generic term for a man-made source of light. By extension, the term is also used to denote sources that radiate in regions of spectrom adjacent to the visible.

Jan 1, 1976

By J. W. Thompson

OWNERSHIP OF ORE-CONSTRUCTION OF CONTRACT. A contract between the Republic Mines Corporation and the Quilp Gold Mining Co. provided that upon forfeiture of its rights under a contract the Republic Mines Corporation was required to give a good and sufficient deed conveying to the Quilp Gold Mining Co. all ore bodies of every description lying east of the west line of the Quilp Mining Co. claim extended downward vertically and lying south of the north end line of the Quilp claim extended downward vertically and which may apex within the lines of the Surprise, an adjoining mining claim. It must be presumed that the contracting parties under such circumstances had in view their statutory rights as provided by the mining statutes of the United States, and that both were familiar with the provisions as to extra- lateral rights granted by the statute to locators of mining claims. This contract means to include all ore bodies of every description lying east (or easterly) of the west (or westerly) line of the Quilp claim extended downward vertically and south (or southerly) of the north end line of the Quilp claim extended downward vertically within the Quilp claim excepting the part that was overlapped by the Surprise claim, owned by the Republic Mines Corporation. Quilp Gold Min. Co. v. Republic Mines Corp. (Washington), 165 Pacific 57, p. 61. PURCHASE OF GAS-REFUSAL TO DELIVER SALE TO OTHERS. A gas company that had entered into a contract to purchase a quantity of natural gas refused to receive and accept the gas that was tendered on the ground that it did not conform to the requirements of the contract; subsequently the company refused to sign a writing by which it was asked to consent to the sale of such gas to other persons. But the refusal of the purchasing company to sign such a writing giving its consent or its refusal to consent to such sale did. not affect the rights of the seller to dispose of the gas elsewhere and to other persons. OWNERSHIP OF MINERALS IN HIGHWAY. All mineral deposits within the limits of a highway belong to the owner of the fee and he is entitled to remove them so long as he does not interfere with the public use of the highway. City of Scranton v. Scranton Coal Co. (Pennsylvania), 100 Atlantic 813, p. 819. SALE AND CONVEYANCE. SALE AND CONVEYANCE EXCEPTION AND RESERVATION. The owner of an undivided interest in oil and gas lands conveyed the same to certain named grantees by deed containing a clause excepting and reserving all the oil and gas produced from the undi- vided interest in the land described. The language is not apt for the creation of either an exception or a reservation, but is rather that of a layman unfamiliar with legal distinctions. Strictly and literally construed, it affords a basis for a contention that that which was excepted and reserved was not realty in any form or anything inci- dent thereto, but personalty produced from the land. Immediately following the description of the tract, the grantor excepted and reserved something from the land described. What he excepted and reserved, he excepted and reserved then, and it was from his interest in the land. The clause expressed according to the evident intention of the grantor would read: "Excepting and reserving from the above all oil or gas which may hereafter be produced therefrom." No other construction can reasonably be placed upon the language used. The carving out of a separate estate in the oil and gas in land is a common occurrence in oil and gas producing fields. Mandle v. Gharing (Pennsylvania), 100 Atlantic 535, p. 536. RESERVATION CONSTRUED AS AN EXCEPTION. Where apt words of reservation are used in a deed they will be construed as an exception where this is the evident intention of the parties to the instrument. Although an exception and a reservation differ in legal effect, yet in their creation there is no magic in words, and if the meaning is clear either expression will operate for the purpose designed. The technical distinction between an exception and a reservation is frequently disregarded in the ordinary use of the word, and whether the language used creates an exception or a reservation must be determined from the intention of the parties ascertained from the entire instrument.

Jan 1, 1917