OAG 40-5.

• Case Date: July 05, 1940
• Court: Oregon

Oregon Attorney General Opinions 1940. OAG 40-5. 8OPINION NO. 40-5[20 Or. Op. Atty. Gen. 8]Recording fee required by chapter 8, Oregon Laws 1939, for recording an affidavit of labor or improvement upon mining claim applicable instead of section 27-3012, Oregon Code 1930, as amended by chapter 42, Oregon Laws, 1939, upon ground that being special it prevails over a general statute which otherwise would be applicable.July 5, 1940.Hon. Grant J. Williams,District Attorney, Curry County. Dear Mr. Williams: Under date of July 2, 1940, you refer to chapter 8, Oregon Laws, 1939, which provides for the recording of an affidavit of annual labor or improvements upon a mining claim, and fixes the fee for recording such affidavit at 25 cents. You also refer to section 27-3012, Oregon Code 1930, as amended by chapter 42, Oregon Laws, 1939, which relates to the fees to be exacted and collected by the recorder of conveyances or the county clerk for recording certain instruments, and particularly to paragraph numbered "1", which reads in part as follows:

"1. For recording any deed, trust deed, declaration, contract, mortgage, chattel mortgage, migratory chattel mortgage, bill of sale, or any instrument in writing required or permitted by law to be recorded, for each folio of 100 words in such instrument, the sum of 20 cents; provided, that a minimum fee of $1 for five folios or less shall be collected for the recording of such instrument. * * *"

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