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REFERENCE TITLE: mining; claim maintenance fee affidavit |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HB 2087 |
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Introduced by Representative Brophy McGee
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AN ACT
Amending section 27-208, Arizona Revised Statutes; relating to mining claim maintenance fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 27-208, Arizona Revised Statutes, is amended to read:
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 upon on a mining claim is required, the person on whose behalf such the work or improvement or payment was made, or some person for him 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 in substance as follows: 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: he is I am a citizen of the United States and more than at least eighteen years of age, resides. I reside at ____________________, in _________________ county, Arizona, is. 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 said that county, in book ____________________ of records of mines, at page _________. That Between the _____________ day of _______________, A.D. _________________, and the _______________ day of ___________________, A.D. ___________________, at least _________________________ dollars worth of work and improvements were done and performed upon said on the claim, not including the location work of said the claim. Such work and improvements were made by and at the expense of ___________________________, owners of said 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 upon on the claim in doing the work) were the persons who are employed by said the owner and who labored upon said on the claim, did said doing the work and improvements, the same being as follows, to wit: (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, in book ___________________ of records of mines, at page _________. 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.)
B. 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.
C. E. When annual work or improvements or claim maintenance fee payment is done upon 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.
D. F. In addition to the fees required under section 11‑475 for recording of documents, the county recorder, shall, prior to before recording the affidavit of performance annual work or the affidavit of claim maintenance fee payment, shall collect from the person recording the affidavit a fee in the sum of five dollars for each separate affidavit of performance annual work or affidavit of claim maintenance fee payment recorded. The county recorder, shall by the tenth day of each month, shall forward to the state treasurer for deposit in the state general fund, eighty per cent of the monies collected pursuant to this subsection during the previous month.