MARVIN MANDEL, Governor                                     335

VALUE OF THE PROPERTY AND DAMAGES.

(B) ENFORCEMENT OF JUDGMENT IN ALTERNATIVE.

IF THE JUDGMENT IS RENDERED FOR THE RETURN OF THE
PROPERTY, THE PLAINTIFF MAY ENFORCE THE JUDGMENT BY A
WRIT OF CAPIAS IN WITHERNAM UNLESS THE COURT FOR GOOD
CAUSE SHOWS ORDERS OTHERWISE OR THE PLAINTIFF AGREES
ON THE RECORD TO ACCEPT THE VALUE OF THE PROPERTY IN
LIEU OF ITS RETURN.

SEVISOR'S NOTE: This section is new language
derived from Art. 75, §60A, as amended by Ch.
880, H.B. 1563, Acts of 1973. This section
is modified by Ch. 880, H.B. 1563, Acts of
1973 to provide for enforcement of judgment
only by a writ of capias in withernam.

SUBTITLE 2. MEASURE OF DAMAGES.

SEC. 11-201. JUDGMENT FOR AMOUNT DUE ON BOND, BILL,
COVENANT, OR CONTRACT.

IF AN ACTION IS BROUGHT FOR THE PENALTY OF ANY
BOND, BILL, COVENANT, OR CONTRACT WITH PENALTY, THE
JUDGMENT SHALL BE FOR THE AMOUNT DUE.

REVISOR'S NOTE: This section is new language
derived from Art. 75, §40.

The language of this section is similar to
that of Rule 648.

SEC. 11-202. MEASURE OF DAMAGES FOR ABSTRACTING
MINERALS FROM PLAINTIFF'S LAND.

(A)   MEASURE OF DAMAGES IN ABSENCE OF FRAUD,
NEGLIGENCE, OR WILLFUL TRESPASS.

IN THE ABSENCE OF FBAUD, NEGLIGENCE, OR WILLFUL
TRESPASS, THE MEASURE OF DAMAGES FOR THE WRONGFUL
WORKING AND ABSTRACTING OF ANOTHER'S MINERALS IS THE
VALUE TO THE PERSON FROM WHOSE PROPERTY THEY WERE
TAKEN AT THE TIME OF THE TAKING OF THE MINERALS IN
THEIR NATIVE STATE, BEFORE SEVERANCE.

(B)   MEASURE OF DAMAGES IF MINERAL ABSTRACTED
FURTIVELY OR IN BAD FAITH.

IF THE MINERALS WERE ABSTRACTED FURTIVELY OR IN
BAD FAITH THE MEASURE OF DAMAGES IS THE VALUE OF THE