BALTIMORE CITY.

1275

proceedings, instituted in the Circuit Court for Baltimore County in
equity, to set aside their findings on such ground. Whenever said engi-
neers may require and determine that the City of Baltimore shall con-
struct a road to replace any road diverted, altered, closed or destroyed, or
to be diverted, altered, closed or destroyed, in the course of the work con-
templated by this Act, said city shall have power to agree with the owners
of land, property, or things, to be taken or injuriously affected in the con-
struction thereof, and, in default of agreement, to condemn the right of
way under the provisions of Sections 1 and 3 of this Act, authorizing the
condemnation of property, land or things for the purposes of this Act, or
may, at its election, make application to the Highways Commission of
Baltimore County, or other proper authorities for the opening or altera-
tion of such road, in which latter event the proceedings upon application
shall be those prescribed by law for the opening or alteration of roads in
Baltimore County, except that no land owner shall be assessed for any
part of the cost thereof, the whole of such cost to be borne by the City of
Baltimore. In the event of disagreement between the said engineers, as
to any matter devolved upon them by the terms of this section, they shall
call in as a third arbiter, a non-resident engineer, skilled in the construc-
tion, or maintenance of highways, and bridges, to be selected by the Gov-
ernor of Maryland, on the application of either of said engineers, in the
event of them being unable to agree on such third person, the decision of
any two of the board thus selected to be binding on the parties, and to be
final and conclusive, unless impeached for fraud as aforesaid.

1908, ch. 214, sec. 10.

826K. That so soon as the Mayor and City Council of Baltimore shall
be ready to begin work under this Act, the Roads Engineer of Baltimore
County, for the time being, and the City Engineer of Baltimore City, for
the time being, shall, together, make a careful inspection of all public
roads, and portions of public roads, and of all bridges, of Baltimore Coun-
ty, certain or likely, in the opinion of said Roads Engineer, to be used
by the Mayor and City Council of Baltimore, or its agents, or contractors,
for teaming, or hauling, in connection with said work, and shall there-
upon draw up a memorandum, in writing, one duplicate whereof shall be
filed and kept in the office of the County Commissioners of Baltimore
County, and the other duplicate whereof shall be filed and kept in the
office of the Comptroller of Baltimore City, certifying to the precise con-
dition, at that time, in point of repair in their opinion, of all such roads,
and portions of roads, and of all such bridges, and thereafter, at regular
intervals of six months, there shall be a similar inspection by said officers
of all such roads, and portions of roads, and of all such bridges, and imme-
diately after such inspection, said engineers shall, in like manner, draw
up a similar memorandum in writing, duplicates whereof shall be filed and
kept in like manner as aforesaid, certifying in precise terms to the phys-
ical and pecuniary extent, to which, in their opinion, such roads and por-
tions of roads, and such bridges shall have been injured by reason of the