2005 Idaho Code - 47-606 — AFFIDAVIT OF PERFORMANCE OF LABOR -- NOTICE OF ACCEPTANCE OF WAIVER, SUSPENSION OR EXTENSION -- FEES -- EFFECT AS EVIDENCE

                                  TITLE  47
                               MINES AND MINING
                                  CHAPTER 6
                          LOCATION OF MINING CLAIMS
    47-606.  AFFIDAVIT OF PERFORMANCE OF LABOR -- NOTICE OF ACCEPTANCE OF
WAIVER, SUSPENSION OR EXTENSION -- FEES -- EFFECT AS EVIDENCE. Within sixty
(60) days after any time set or period allowed for the performance of labor,
or making improvements upon any lode or placer claim, the person in whose
behalf such work or improvement is performed or some person for him, must make
and record an affidavit in substance as follows:
State of Idaho, county of ...., ss.
    Before me, the subscriber, personally appeared ...., who being first duly
sworn says, that at least .... dollars worth of work or improvements were
performed or made upon .... claim, situate in .... mining district, County of
...., State of Idaho:
    That such expenditure was made by, for, or at the expense of ...., owner
of said claim, for the purpose of holding said claim; all stakes, monuments or
trees marking boundaries of said claim are in proper place and position.
    Subscribed and sworn to before me this .... day of ...., .....
    The fee for administering the oath and recording the foregoing affidavit,
when taken before any county recorder, shall be as provided by section
31-3205, Idaho Code.
    Such affidavit, or a certified copy thereof in case the original is lost,
shall be prima facie evidence of the performance of such labor. The failure to
file such affidavit shall be considered prima facie evidence that such labor
has not been done.
    When the performance of annual labor upon any lode or placer claim is
suspended, extended or waived by act of congress of the United States, and
provision is therein made for filing or recording a notice, affidavit or
statement by the claimant or other person for him, accepting the provisions of
said act, then the same shall be filed as herein provided for affidavit of
performance of annual labor, and the same fees shall be charged therefor and
the same effect shall be given thereto, and the same presumptions shall arise
therefrom as provided herein for said affidavit of performance of annual
labor.