Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-12-08
THE sUTRO TUNNEL COMPANY.
Defendant.

Defendant.
Under and by virtue of decree Of foreclosure
and order of sale made and entered in the Circuit
Court OF the United States, Ninth Circuit District
OF Nevada, on the 0rst day OF October 1883 IN the
above entitled suit, wherein the above named oom'
plainant obtained judgment and decree against
the above named defendant. which said decree
was, on the first day of October. 1888. recorded
in Judgment Book A, of the Records of De-
crees in Equity of said Court at Page 1872
| ct seq. I am ommsnded to sell the property in
said decree and order Of sale, and hereinafter de-
scribed.
The lands. premises and property which are d.
rected to be sold are
First-Thst certain mining and draining tunnel
situated partly in the County of Storey and partly
in the County of Lyon in the state OF Nevada,
and commonly known and designated as the Sutro
Tunnel. commencing at point at the hills near
Carson river and within the boundaries of Lyon
County aforesaid, and extending from said initial
point in westerly direction seven t7l miles,
more or less to and beyond the Comstock Lode,
and the lateral tunnels extending northerly and
southerly from the main tunnel on the course of
said lode, either within the same or east or west Of
the same, and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with, belonging to, or appurte ant to the same
together with all the property, real, personal and
mixed. aud sll rights, privileges, franchises and
easements thereto belonging or in anywise apper-
tanning, ana the t. lis, incomes rents issues and
profits thereof.
second-All Of the franchises. property, rights
privileges and easements, acqu red or held by the
Sutro Tunnel Company, and granted under or by
force of Act of the Legislature of the State of
Nevada entitled IAN Act granting the right of
" way, and authorizing A. Sutro and bis associates
d" to construct mining and draining tunnel, ap-
proved February 4th, 1865: also the exclusive
privilege OF the right of way, and to run, con-
struct and excavate tunnel running into the
Comstock Lode. from any point selected or to be
selected In the foothills OF the Carson River Val
ley. within the boundaries of Lyon County, and
between Corral Canyon and Weber Canyon and
also to sink mining shafts along the line or course
of said tunnel, and connecting with the same at
such points as have been or may be selected, and
to charge for the benefit derived by the persons
companies or corporations along the line of said
tunnel, and others who may be bereited by the
drainage of their ~ mes odes and freeing the
same from the flow of water therein, whatever
rate, price. sum or sums OF money or stock which
have been, are. may or shall be agreed upon by
and between the corporation, person persons
to be benefited ss aforesaid and to receive and
collect all sums of money or stock which said per-
sons, companies or corporations shall contract to
pay and in default of the payment of the same,
according to the tenor and condition of such con-
tract or contracts, to sue for and collect the
in any Court of competent jurisdiction in the State
of Nevada.
Also, all the property rights. privileges, ease
ments and franchises held by the Sutro Tunnel
Company and granted by the Act of Congress of
the United States OF America. entitled " An ct
grant, to A Sutro the right of way, and grant
" ing other privileges, to aid in the construction
" of q draining and exploring tunnel to the Com
" stock Lode, in the State of Nevada" approved
July 2oth, A. D., 1866.
Also, the right of way to run, construct and ex
cavate a mining, draining and exploring tunnel,
and to sink mining, working and air shafts alonR
the line or course of said tunnel and connecting
with the same at any points which may be Sc
lectod commencing at point at the hills near
the Carson River and within the boundaries of
Lyon CoHnty, and extending from said init al
point In q westerly direction seven miles, more or
less. TO and beyond the Comstock Lode and the
right of way northerly and southerly the course
of said lode, either within the same east or
west of the same and also on or along any other
lode which may be discovered or developed by the
said tunnel Also the right to purchase from the
per acre. a sufficient amount of public land near
the mouth of said tunnel for the use of the same,
not exceeding two sections, not mineral land in
the bona fde possession of other persons claiming
uno any law Of Congress on the 25th day of July
1866 also the right to purchase at FIVE dollars per
acre such mineral veins and lodes within two
thousand feet each side of said tunnel, as have
been or shall be cut. discovered or developed by
running and constructing the same through its
entire extent, with all the dips spurs and angles
of such lodes to the extent as gran ed in said Act
of Congress- approved July IS, 1866 also the right
privilege and franchise that all persons, com
panies or corporations owning claims or mines OF
said Comstock Lode or any other lode drained
benefited or developed by said tunnel. shall hold
cir claim subject to the condition that the,
shall contribute and pay to the owners Of sale
tunnel the same rate Of charges for damage o.
| other benefits derived from said tunnel or it
branches as have been or hereafter may be nance
| in agreements between such owners and the com
| psnles representing majority of the estimated
| value of said CONS took Lode on said 25th day o
| July, 1866.
| Third-Also the following described tracts o
land situated in Lyon and Storey counties iu tn
State Of Nevada to-wit:
The S. E, Il of 8. E. 4 Of Section SO, Township
II n, Range u E.
Range % E.
The g. II of q. z. Il, s. y Of s. ". Il, N. W. !
of 8. ". 4 of Section 80, Township II N, Rang
| 22E.
The 8, E. of s. E. u of Section q Township
| l6 n. Range 81 e.