Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-12-29

THE sUTRo TUNNEL COMPANY.
, Defendant J
Under and by virtue of decree of foreclosure
snd order of sale made and entered in the Circuit
Conrt Of the United States, Ninth Circuit, District
of Nevada the first 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-
| crres in Equity of said Court at Page 3S2,
ct seq | am commanded to sell tn" 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-That certain mining aud 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 ~ miles,
more or less, to and beyond the Oomstock Lode,
and the lateral tunnels extending northerly and
southegly from the main tunnel on the course of
said lode either within the east or west OF
the same, and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with. balong1nS to, or appurte ant to the same
together with all the property, real personal and
mixed, and hll rights. privileges, franchises and
easements thereto belonging or in anywise apper-
ing, ana the lis. incomes rents issues and
profits thereof
second-All of the franchises, property rights.
privileges and easements, a"qu red or held by the
Sutro Tunnel Company, ard granted under by
force of Act of the Legislature of the State of
Nevada entitled can Act granting the right of
way, and authorizing A. Sutro and bis associates
g." to construct mining ana draining tunnel" ap-
proved February 4th, 1866; also the exclusive
privilege of the right of way. and to run, con-
struct and excavate tunnel rnnning into the
Cnmstoek Lode from any point selected or to be
selected in the foothills o. the Carson River Val
ley, within the boundaries of Lyon County, and
between Corrsl Canyon aud Webber Canyon ; and
also to sink mining shafts along the line course
of said tunnel and connecting with the same at
such points as have been 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 berefted by the
drainage of their mines 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 bv
and between the corporation, person or persons
to be benefited as aforesaid and to receive and
collect all sums of money or stock which said per-
sous, companies or corporations shall contract to
pay and in default of the ayment of the same,
according to the tenor and condition of such con-
tract or contracts to sue for and collect the same
in any Court of competent jurisdiction in the st tie
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 act
granting to A Sutro the right of way, AMI grant
Z" 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 25th, 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 alone
the line or course of said tunnel and connecting
with the same at any points which may be- O.
lectod, commencing at point at 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, more or
less, to and beyond the Comstock Lode and the
right o; way northerly and southerly the course
of said lode, either within the east or
west of the same and also on or along any other
lode which may be discovered or developed BY the
said tunnel. Alao the right to purchase from the
United States, at one dollar and twenty five cents
per acre, sufficient amount of public land near
the mouth of said tunnel for the use of the same.
not exceeding two sections not Ianeral land or in
the bona fde possession of other persons claiming
unG any law of Congress the 25th day Of July,
1856 also the right to purchase at five 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 developed by
running and constructing the same through its
entire extent with all the dips, spurs and angles
of such lodes, to the extent gran ed in said Act
of Congress. approved July 25 1866 also the right
privilege and franchise that all persons,
panies or corporations owning claims or mines on
! said ComstocE Lode or any other lode drained
Gifted 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 damage or
! other benefits derived from said tunnel its
branches as have been or hereafter may be named
| in agreements between such owners and the COM
panles representing majority of the estimated
value of said CONS tock Lode on said 25th day of
July, 1866.
Third-Also the following described tracts of
land situated in lyon and Storey counties iu the
State of Nevada to-wI:
The s. E 4 of s. f. a of Section SO, Township
| II N, Range II E.
The 8. ". 4 of Section 81, Township II N.
Range % E.
The s. a of S. E. i. S. \ of s. VIZ, N. W. a
of s. W. of Section 80, Township II N, Range
% Il.
The S. E. \ of S. E. a of Section 2, Township
16 N, Range 81 E.
The whole of Section l, Township 16 N, Range