MARVIN MANDEL, Governor                                     337

reference to the common law rule still
governing negligent abstraction of minerals.

In Strathmore, supra, the court offered no
explanation as to why the legislature did not
codify the rule. It ventured to say, only,
that it might be for reasons of public
policy. The revisor feels that at the
present time there is no reason to exclude
negligent abstracting of minerals from the
statute.

It is suggested that the legislature consider
codification of the common law rule with
respect to measure of damages for minerals
taken negligently.

For the measure of damages for cutting,
burning, or injuring trees or timber, see
§5-409 of the Natural Resources Article.

SEC. 11-203. MEASURE OF DAMAGES - BOND OF CLERK OR
REGISTER.

(A)   IN GENERAL.

IN AN ACTION ON THE BOND OF THE CLERK OF A COURT
OR REGISTER OF WILLS, THE MEASURE OF DAMAGES IS THE
SUM THE CLERK OR REGISTER CHARGED FOR THE SERVICES HE
HAS NOT PERFORMED.

(B)   SPECIAL DAMAGES ALLOWED.

IF A PERSON SUSTAINS SPECIAL DAMAGES BECAUSE THE
CLERK OR REGISTER FAILS TO PERFORM THE SERVICES
REQUESTED, THE PERSON SHALL BE COMPENSATED FOR THE
SPECIAL DAMAGES IN ADDITION TO THE CLERK'S FEES.

REVISOR'S NOTE: This section is new language
derived from the second provision of Art. 75,
§43. The first provision is proposed for
repeal because it is covered by Ch. 400 of
the Maryland Rules.

For the measure of damages on sheriffs' bond;
see Title 2, subtitle 3 of this article.

SUBTITLE 3. INTEREST ON AUTOMOBILE LIABILITY CLAIMS.
SEC. 11-301. INTEREST ON AUTOMOBILE LIABILITY CLAIMS.