Affidavit of work performed or improvements made; affidavit of owner or claimant; evidentiary effect of affidavits.

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1. On or before November 1 of the year for which labor is performed or improvements are made as required by law for a mining claim annually, the person in whose behalf the labor was performed or improvements made, or someone in the person’s behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which the mining claim is situated, an affidavit setting forth:

(a) The amount of money expended, or value of labor or improvements made, or both.

(b) The character of expenditures or labor or improvements.

(c) A description of the claim or part of the claim affected by the expenditures or labor or improvements.

(d) The year for which the expenditures or labor or improvements were made and the dates on which they were made.

(e) The name of the owner or claimant of the claim at whose expense the improvements or labor was made or performed.

(f) The names of the persons, corporations, contractors or subcontractors who performed the work or made the improvements.

2. An affidavit made and recorded pursuant to subsection 1 or a copy thereof, certified by the county recorder, is prima facie evidence of the performance of the labor or the making of the improvements, or both.

3. On or before November 1 of each year that the performance of labor or the making of improvements is not required by law for a mining claim, the owner or claimant of the mining claim who intends to hold the claim, or someone in the owner or claimant’s behalf, shall make and have recorded by the county recorder, in books kept for that purpose in the county in which the mining claim is situated, an affidavit setting forth:

(a) The name and address of the owner or claimant of the mining claim.

(b) The name of the mining claim, and the serial number, if any, assigned to the claim by the United States Bureau of Land Management.

(c) The date that the affidavit was made.

(d) A statement that the owner or claimant of the mining claim intends to hold the claim.

4. An affidavit made and recorded pursuant to subsection 3 or a copy thereof, certified by the county recorder, is prima facie evidence that the owner or claimant of the mining claim intended to hold the claim from 12 p.m. on September 1 of the year before the affidavit was made and recorded, until 11:59 a.m. on September 1 of the year that the affidavit was made and recorded.

[10:89:1897; C § 217; RL § 2431; NCL § 4129] — (NRS A 1960, 319; 1961, 422; 1969, 1003; 1971, 2202; 1985, 1502; 1993, 299)


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