12T4 ARTICLE 4.
order and repair for the free use of the public, so far as the same may be
on or through such property, subject to such provisions and conditions,
looking to maintain the purity of said city's water supply, as the said
Mayor and City Council of Baltimore may by ordinance impose; and
provided further, that the said Mayor and City Council of Baltimore shall
not have the power, anything in this Act, or in any other Act or law to
the contrary notwithstanding, to condemn any such public road or bridge
of Baltimore County, but shall have the right to divert, alter, close or
destroy any public road or bridge of Baltimore County, when necessary
in the course of such work, only by agreement with the Highways Com-
mission of said county, or other proper authorities, having the charge
and control thereof, on such terms as to replacing the same for the con-
venience of the public as may by said Highways Commission, or other
proper authorities, be required; in the event that said city and county
authorities may not be able to agree upon the terms under which said road
or bridge is to be altered, diverted, closed, or destroyed, or upon the loca-
tion or character of the highway, or bridge to replace the same, or upon
any other terms as to the replacing of the same, the matter shall be re-
ferred to the Roads Engineer of Baltimore County, for the time being,
and the City Engineer of Baltimore City, for the time being, who shall
have plenary power to consider and decide all questions in connection with
such diversions, alteration, closure, or destruction of such highway or
bridge, and to determine where, how, and in what manner, and within
what time, the same shall be replaced by the said city, including the right
to require that said city shall build bridges over and across the lake con-
templated to be formed under this Act; it being in the contemplation of
this Act that, under this and the eleventh section of this Act, at least two
such bridges shall be built, at locations determined by such engineers to
be the most feasible and convenient for the use of the public, injuriously
affected by the destruction or alteration of existing bridges and roads. No
road or bridge shall be closed or altered, in whole or in part, under the
provisions of this Act, until another shall have been constructed and opened
to the public in lieu thereof as herein provided, said engineers shall have
full power and authority to summon, and require the attendance of, all
witnesses, in connection with their inquiries under this section, and to
require that their testimony shall be taken under the oath required by
law; the same to be administered by the Clerk of the Circuit Court for
Baltimore County, or by some Justice of the Peace in and for Baltimore
County. The said engineers and the third person hereinafter mentioned,
if there be such, shall each receive a per diem of $10 while actually en-
gaged in work imposed or authorized by this section, the same and all
other reasonable expenses of said engineers, including compensation to
witnesses, at the regular rates, and the employment of a secretary, if such
employment be deemed necessary by said engineers, to be paid by the City
of Baltimore. The decision of said engineers in all matters between the
city and Baltimore County that may devolve upon them under this section
shall be final and conclusive unless impeached for fraud in appropriate
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