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.

In the absence of fraud, 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. If the minerals were abstracted furtively or in bad faith the measure of damages is the value of the minerals ready for market without allowance for labor and expenses.

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. 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.