Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1888-12-01
THE sUTRo TUNNEL COMPANY,
Defendant,

| Defendant. ]
| Under and by virtue of q 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 6rst day az October 1888, in the
| above entitled suit wherein the above named oom-
plainant obtained judgment and decree against
the above namei 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,
ct seq, am commanded 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 partly
| in the County of Lyon, in the State Of Nevada,
and commonly known and designated as the Sutro
Tunnel. commencing at q 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 a. miles,
more or less to and beyond the CoInstock Lode,
and the latersl tunnsls extending northerly ana
southerly from the main tunnel on the course of
said lode, either within the east west Of
the same, and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with, belonging to, or sppurte ant to the same
together with all the property. real. personal and
mixed and all rights privileges, franchises and
easements thereto belonging or in anywise apper-
tanning, ana the tolls. incomes rents, issues and
profits thereof.
second-All of the franchises, property, rights.
privileges and easements, arQu red or held oy the
Sutro Tunnel Company, and granted under or by
force of an Act of the Legislature Of the State of
Nevada entitled can Act granting the right of
90 way, and authorizing A. Sutro and his associates
" to construct mining and draining tunnel" sp-
proved February 4th, 1867 also the exclusive
privilege of the right of way. and to run, con-
struct and e1cavate 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 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 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 bere6ted by the
drainage of their mines or odes and freeing the
same from the flow of water therein, whatever
rate, price. sum sums OF money or stock which
have been, are, may shall be agreed upon by
and between the corporation, person or persons
to be benefited as aforesaid and to receive and
collect sll 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 for and collect the same
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 Act
granting to A. Sutro the right of way and grant.
ing other privileges, to aid in the construction
" of draining and exploring tunnel to the Com. |
stock Lode, in the Stste of Nevada" approved |
July 18th, A D., 1866.
Also, the right of way to run, construct and ex |
cavate mining. draining and exploring tunnel, |
and to sink mining, working and air shafts slona
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 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 OF way northerly and souherly on the course
of said lode, either within the same or east or |
est of the same and also on along any other |
lode which may be discovered developed by the |
said tunnel. Also the right to purchase from the
United States, at one dollsr and twenty-fv cents
per acre, q 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 bond:de 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 on each side of said tunnel, have
been 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 ed in said Act
of Congress. approved July 49, 1866 also the right
privilege and franchise that all persons, COM
panies or corporations owning claims or mines on
said Comstock Lode or any other lode drained
benefited 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 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 took 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-wit
The S. E. Il of 8. E. a of Section SO, Township
II N. Range u E.
The g. W. 4 of Section 81, Township II N,
Range ~ E.
The s. u of 8. T. \, 8. y of s. VIZ NV
of 8. W. Il of Section 80, Township II N, Range
22E.
The s. E. h of s. E. 4 of Section 2, Township
16 N, Range 81 E.