Affidavit of annual work; affidavit of claim maintenance fee payment; fees

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27-208. Affidavit of annual work; affidavit of claim maintenance fee payment; fees

A. Before December 31 of any year in which the performance of annual labor or making improvements or the payment of claim maintenance fees on a mining claim is required, the person on whose behalf the work or improvement or payment was made, or the person's representative, knowing the facts, may make and record in the office of the county recorder of the county in which the claim is located an affidavit of annual work or an affidavit of claim maintenance fee payment.

B. The affidavit of annual work must state in substance the following:

State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: I am a citizen of the United States and at least eighteen years of age. I reside at ____________________, in _________________ county, Arizona. I am personally acquainted with the mining claim known as ___________________ mining claim, situated in _________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of that county at [county recorder information]. Between the _____________ day of _______________, _________________, and the _______________ day of ___________________, ___________________, at least _________________________ dollars worth of work and improvements were done and performed on the claim, not including the location work of the claim. Such work and improvements were made by and at the expense of ___________________________, owners of the claim, for the purpose of complying with the laws of the United States pertaining to assessment or annual work, and _______________________________________ (here name the miners or persons who worked on the claim) were the persons who are employed by the owner and who labored on the claim, doing the work and improvements as follows: (Here describe the work done and add signature and verification.)

C. The affidavit of claim maintenance fee payment must state in substance the following:

State of Arizona, county of ____________________ ss: _________________________________, being duly sworn, deposes and says that: I am a citizen of the United States and at least eighteen years of age. I reside at ____________________, in ___________________ county, Arizona. I am personally acquainted with the mining claim known as ______________________ mining claim, situated in __________________ mining district, ______________ county, Arizona, the location notice of which is recorded in the office of the county recorder of that county at [county recorder information]. A claim maintenance fee of _________________________ dollars was paid by or at the expense of ___________________________, owners of the claim, instead of recording an affidavit of annual work for the purpose of complying with the laws of the United States and holding the claim. (Here add signature and verification.)

D. The affidavit of annual work or the affidavit of claim maintenance fee payment when recorded shall be prima facie evidence of the performance of the labor or improvements or of claim maintenance fee payment. Any affidavit shall include, if known to the locator, the identification of the section, township and range in which the notice of location of the claim is posted.

E. When annual work or improvements or claim maintenance fee payment is done on one or more of a contiguous group of claims for the benefit of all, or wholly or partly outside of a contiguous group of claims for the benefit of all, all claims may be included in a single affidavit.

F. For each separate affidavit of annual work or affidavit of claim maintenance fee payment recorded, the county recorder, by the tenth day of each month, shall forward to the state treasurer for deposit in the state general fund four dollars of each total fee collected pursuant to section 11-475 during the previous month.


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