Marvin Mandel, Governor                         815

(e)    The assurance fund is not under any circumstances liable
for compensation for loss or damage:

1.    Occasioned by the plaintiff's breach of any trust, whether
expressed, implied, or constructive;

2.    By reason of the improper use of the seal of the corporation
to deal with the property or interest involved or to execute or take
the benefit of the instrument recorded; or

3.    By reason of the recording of an instrument executed by a
person under legal disability, unless the fact of the disability is
disclosed on the instrument.

(f)    If, in an action against the Department, judgment is given
in favor of the Department, or the plaintiff discontinues the action,
the plaintiff is liable to pay the full costs of defending the action,
and the full costs in the name of the Department by the like process
of execution as in ordinary civil cases.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1,1971.

Approved May 6, 1971.

CHAPTER 399
(House Bill 408)

AN ACT to repeal and re-enact, with amendments, Section 11-104
of Article 66½ of the Annotated Code of Maryland (1970 Replace-
ment Volume), title "Vehicle Laws," subtitle "Subtitle 11. Rules
of the Road," subheading "Part 1. Obedience to and Effect of
Traffic Laws," to exclude Worcester County from the law which
prohibits persons from riding animals or driving animal-drawn
vehicles upon certain dual lane highways or controlled-access high-
ways.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 11-104 of Article 66½ of the Annotated Code of Mary-
land (1970 Replacement Volume) title "Vehicle Laws," subtitle "Sub-
title 11. Rules of the Road," subheading "Part 1. Obedience to and
Effect of Traffic Laws," be and it is hereby repealed and re-enacted,
with amendments, to read as follows:

11-104.

(a)     Every person riding an animal or driving any animal-drawn
vehicle upon a roadway shall be granted all of the rights and subject
to all of the duties applicable to the driver of a vehicle by Subtitle
11, except those provisions of this subtitle which by their very nature
can have no application.

(b)    No person shall ride an animal or drive any animal-drawn
vehicle upon any dual lane highway where the posted maximum speed