ART. 75] DAMAGES FOR TAKING MINERALS—POSSESSION. 1677

Measure of Damages for Abstracting Minerals from
Plaintiff's Land.

1894, ch. 287, sec. 87 A.

92. In the absence of fraud, negligence or wilful trespass,
the measure of damages for the wrongful working and abstract-
ing of another's minerals is the value of the minerals in their
native state, before severance, to the person from whose prop-
erty they were taken at the time of the taking; but if one
furtively or in bad faith works and abstracts minerals from
the land of another, the party so offending may be charged
with the whole value of the minerals taken and allowed no
deduction in respect of his labor and expenses in getting them.

Possession—Writ of.

1888, art. 75, sec. 88. 1860, art. 75, sec. 64. 1825, ch. 103. sec. 1.

1864, ch. 283. 1878, ch. 141. 1886, ch. 504. 1890, ch. 635.

1900, ch. 310.

93. Whenever any lands or tenements shall be sold by any
sheriff, constable, coroner, or elisor by virtue of any process
or execution from any court or justice of the peace of this
State, or by any trustee under the decree of any court of this
State, by any trustee by appointment of an insolvent court, by
any trustee under any voluntary deed of trust, by any mort-
gagee under any power in any mortgage, by any executor or
executors or any other person under any power in a will, and
the debtor named in such execution or decree, his widow or
heirs who are parties to the proceedings in which such execu-
tion was issued or such decree passed, the insolvent grantor
or mortgagor in said deed of trust or mortgage, or any person
holding under said debtor, insolvent, grantor or mortgagor by
title subsequent to the date of the judgment, decree, insolvent
proceedings, deed of trust or mortgage respectively, or any
person claiming under the devisor of said will, shall be in
actual possession of the lands and tenements sold and shall
fail or refuse to deliver possession of the same to the purchaser
thereof, excepting, however, cases of tenancies created in the
lifetime of the devisor, which shall be fulfilled as now allowed
by law, the judge of the circuit court for the county in which
said lands or tenements may be situate, or if situate in the city
of Baltimore, the judge of the circuit courts or of the superior
court of Baltimore city shall, on application in writing, to be
verified by the affidavit of the purchaser or his attorney,
unless good cause to the contrary be shown by the party or
parties in actual possession, as aforesaid, his or their agents