Lyon County times. [volume] (Silver City, Nev.) 1874-1907, 1889-01-05
THE sUTRO TUNNEL COMPANY,
Defendant.

Under and by virtue of a decree of foreclosure
and order of sale made and entered in the Circuit,
Court of the United States, Ninth Circuit Distrc,
of Nevada. on the first day of October 1885, in the
above entitled suit, wherein the above named Dom.
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 $50
| ct seq, am comn,snded to sell the property in
said decree and order Of SALE and hereinafter de.
scribed.
he lands. premises and property which are di.
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 anS 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 az miles,
more or less, to and beyond the Coinstnck Lode
and the lateral tunnels extending northerly ana
southeTly from the main tunnel on the course OF
said lode either within the or east or west of
the same, and all other lateral tunnels and all
branches, drifts. workings and shafts connected
with, belonging to, or 6ppurte ant to the same
together with all the property, real personal and
mixed, and ell ri2hts, privileges, franchises aud
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, aequ red or held by the
Sutro funnel Company, and granted under or by
force of an Act of the Legislature of the State of
Nevada entitled "An Act granting the right of
+" way, and authorizing a. Sutro and bis associates
" to construcf mining and draining tunnel" ap-
proved February 4th 1865 also the exclusive
privilege Of the right of way, aud to run, con-
struct and excavate tunnel RAINING into the
o. msfoeB Lode from any point seleetei 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 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 Der Gifted by the
drainage of their mines or odes and freeing the
same from the How 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 az aforesaid ; and to receive and
collect all sums OF money or stock which said par-
sons, companes or corporations shall contract to
pay and in default of the lyment 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 tie
of Nevada.
Also, all the property, rights, privileges, ease
ments and franchises ..eld by the Sutro Tunnel
Company and granted by the Act of Congress of
the United states OF America. en- titled " An act
granting to A. Sutro the right of way AMI grant
ling 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 slon0
the line or course of said tunnel and conuecting
with the same at any points which may be Sc
leetod, 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 westerly direction seven miles, more or
less, to and beyond the Comstock Lode and the
right OF way nOrtherly and southerly tine 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 Afro the right to purchase from the
United States, at one liar and twenty-five cents
per acre, a sufficient amount of public land ne .r
the mouth of said tunnel for the use of the rarne
not exceeding two sections Iaineral land or in
the bona .fde possession of other persons claiming
unoer 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 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. 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
ben fitted 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 it,
branches ss have been or here after 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. Z. d of s. e. u of Section Sc, Township
II N. Range 81 Il.
The 8. W. Il of Section 81. Township IT N.
Range y E.
The s. a of s. T.. NJ u of s. W. a, w. Il
of s. W. Il of Section SO, Township II N, Range
PIE.
16 N, Range 81 e.
Iha h ~ Snctia,, 1