Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-10-27

|
and order of sale made and entered IN the Circuit
Conrt of the United States Ninth Circuit. District
of Nevada. on the 6rst day Of Octob r 1885 IN the
shove entitled suit, wherein the above named COM
| plsinsnt obtained Judgment and decree against
! the shove 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 3S2
| at seq. I am comm nded to sell tn. property In
said decree and order Of sale, and hereinafter de-
scribed.
| Abe lands. premises and property which are di.
rected to be sold are
| First-That 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 dea!gnated as the Sutro
Tunnel. commencing ct 9 point at the hills near
| Carson river and within the boundaries of Lyon
County Aforesaid. and extending from said initial
point In a westerly direction seven az miles,
more or less, to and beyond the Comstock Lode.
and the lateral tuRnsls extending northerv and
! southerly from the main tunnel on the course OF
said lode. either within the east west OF
ths same. and sll other lateral tunnels and ell
| branches. drifts. workings and shafts connected
With. belonging to. or sppurte sut to the ssme
together with all the property, real. personsl and
mixed. and all rights, privileges. franchises and
easements thereto belonging or in snywise apper-
aiming. ana the Ills. incomes, rents. issues and
profits thereof.
S+cond-Au of the franchises. property, rights.
privileges and easements, scqu red or held by the
Sutro Tunnel Company. and granted under or by
forcs of Act of the Legislature Of che State Of
Nevada entitled IAN Act granting the right Of
way, and authorizing A. Sutro and his associates
" to construct mining AMI draining tunnel, !" sp-
proved February 4fh, 1865: also the exclusive
privilege OF the right of way and to run, con.
struct and sxcsvste q tunnel running into the
Cnnssock 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 course
of said tunnel. and connecting with the same Of
such POINTS as have been or may be selected and
TO charge for the benefit derived by the persons.
companies or corporations along tbs line Of said
tunnel, and others who may be bersfted by the
drainage Of their mines odes and freeing the
same from the q wv 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 or persons
to be benefited 80 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 IN sue for and collect the
In any Court OF competent jurisdiction in the State
Of Nevada.
Alec, all the property. rights. privileges, case
Inents and franchises held BY the Sutro Tunnel
Company and granted by thu Act OF Congress Of
the United ststes OF America. entitled :" An Act
gran ting 60 A. SutrO the right Of way and grant
ing other privileges, to cid in the construction
OF draining and exploring tunnel to the Com.
/" stock Lode, In the State Of Nevada," approved
July 25th, A. D., 1866.
Also, the right of vsy to run, construct and OF.
cavsts mining. drsining and exploring tunnel,
and TO sink mining, working and air shafts alone
the line or course OF said tunnel and connecting
with the same at any points which may bs Sc
lectcd commencing Ut point ct the hills near
the CarsOn River and within the boundaries Of
Lyon County. and extending from said Init al
point IN . westerly direction seven miles. or
less. to and beyond the Constock Lode and the
right OF way northerly and southerly on the course
Of said lode. either within the same or east or
lode which may be discovered or developed by the
said tunnel. Aeo the right to purchase from the
United States at one dollar and twenty Ave ceRts
per acre. Q suficien' 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
unosr any Law Of Congress on the 25th day Of July
1866 also the right to purchase ct Eve dollars per
acre such mineral veins and lodes within two
thousand feet on each side Of said tunnel as have
been or shall be cut. discovered or dev eloped 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
privilege and franchise that all persons. CON-
panies or corporations owning claims or mines on
said Comstock Lode or any other lode drained.
ben hted or developed by said tunnel. shall hold
their claim subject to the condition that they
shall contribute and pay to the owners Of said
tunnel the same rate Of charges for drainage or
other benefits derived from said tunnel or It's
branches as have been or hereafter may be named
in agreements between such owners and the COM
panies representing Q majority Of the estimated
value Of said CONS took Lode on said 25th day Of
July, 1856.
Third-Also the following dsscribed tracts Of
land situated in Lyon and storey counties iu the
State Of Nevada to-wiS:
The s. E Il of 8. E. i Of Section Sc, Township
| IT N, RAn6s p z.
The 9. W. \ of Section 81. Township II N.
Range ~ z.
The 8. u of q. Z. i, q. y Of 8. W.. NV
Of q. W. I of section 80, Township II NJ Range
| 22E.
The s. E. 4 of 9. e. 4 Of Section 2, Township
| l6 N, ksDge 81 Z.
| The whole of Section l. Township l6 NJ Range
81 except the following blocks in the town Of