Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-01-12
THE SUTRO TUNNEL COMPANY. !
Defendant. ]

Under and by virtue of decree of fore 'losure
and order of sale made and entered in the Circuit
Court 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 sslh 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 49,
ct seq, am commanded to cell 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 with IN the boundaries of Lyon
County aforesaid, and extending from sad initial
point in westerly direction seven ~ miles
more or less, to and beyond the Cometn'k Lode,
and the lateral tunnels extending ncrtherly ana
southerly from the main tunnel on the course of
said Lode either within the same east or west nj
the same and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with, belonging to, or appurte RUt to the same !;
together with all the property, real personal and
mixed, and oil rights, privileges. frsncbises aud
easements thereto belonging or in aDywse apper-
tainsng, ana the tolls. incomes rents, issues ana
profits thereof.
Second-All of the franchises, pre- perty, rights.
privileges and easeinrnts, Gu red or held by the
Sutro Tunnel Company, aud granted under or by
force of an Act of the Legislature of the state OF
Nevada entitled "An Act granting the r ght of
way, and authorizing A. Sutro and his associates
"to construct mining and draining tunnel, p" APP
proved February 4.h, 1855; also the exclusive
privilege of the right of way. aud to run, con-
struct and excavate a tunnel running into the
C"mstock Lode. from Any point select or to be
selected in the foothills OF the Carson River Val
ley. within the boundaries of Lyon County, and
hat Go.y md oh hal a,y a
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 Tine of said
tunnel. and others who may be Der Gifted by the
drainage of their mines or odes and freeing the
same from the flow OF water therein. Whatever
rate, price. sum or sums OIL money or stock which
have been, are. may or shall be agreed upon by
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-
sons, companies or corporations shall contract TO
pay ard 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 st
Of Nevada.
Also, sill the property. rights privileges, esse-
ments and franchises held by the sutro Tunnel
Company and granted by the Act of Congress of
the United States OF America. enitled . An ct
granting to A. Sutro the right of way, AMI grant
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 way to run, construct and ex.
cAvate mining, draining and exploring tunnel,
and to sink mining working and air shafts along
the line or course of said tunnel and connectinQ
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 81
mi nj 1lna
less, to and beyond the Comstock Lode and the
right OF way northerly and southerly on the course
of said lode. either within the same or 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
United States, at one dollar and twenty five cent?
per acre, sufbcien' amount of public land near
the mouth of said tunnel for the use of the same,
not exceeding two sections not mineral land or in
the bona. fde possession of other persons claiming
unoer any law of Congress on 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 Is, 1865; also the right
privilege and franchise that all persons, c, IN.
panies or corporations owning claims or mines on
said Comstock Lode or any other lode drained
ben flied 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 or its
branches as have been or hereafter may be named
in agreements between such owners and the COM
psnies representing majority of the estimated
value of said CONS took Lode Oh said 25th day of
July, 1850.
Third--Also the following described tracts of
land situated in Lyon and Storey counties iu the
State Of Nevada to-wir
The s. E. "a of 8. E. a Of Section SO, Township
II N. Range 81 4.
The 8. W. d Of Section 81, Township II N,
Range ~ e.
The 8. " of 3. T.. n, 8. u Of g. wk,Nw.
of 8. W. d of section 49, Township II N. Range
% ~.
The s. E. n of 8. E. a Of Section ., Township
16 N, Range 81 e.
The whole of Section l. Township IL N, Range
81 Z except the following blocks In the town OF