77-3-321. Coal mining permits for private use and for schools. (1) The board may in its discretion grant to any resident of this state a permit for a term of not more than 1 year to mine coal for the use of himself and his family from any coal deposit belonging to the state and not under lease upon payment to the state of the flat sum of $5 as a royalty for any amount of coal mined by him not exceeding 30 tons of 2,000 pounds.
     (2) The board may also grant a similar 1-year permit to the board of trustees of any school district in this state, provided that if such school district requires more than 30 tons of coal per annum, then any additional amount required shall be paid for in advance at the rate of 12 1/2 cents per ton.
     (3) Applications for such permits shall be accompanied by an affidavit to the effect that the coal is not wanted for sale or disposal to other parties but that it is wanted for the use of the applicant and his family or for the use of the school district, as the case may be.
     (4) The granting of such permits shall not prevent the board from issuing the usual coal mining leases on the land from which the coal under such permit is to be taken. In cases of this kind the permittee shall remove the quantity of coal to which he is entitled as expeditiously as possible and his rights under the permit shall then automatically cease upon the issue of the lease.

     History: En. Sec. 46, Ch. 60, L. 1927; re-en. Sec. 1805.46, R.C.M. 1935; R.C.M. 1947, 81-509.