BALTIMORE CITY. 1277

and City Council of Baltimore may by ordinance impose. Such replace-
ment shall be effected for the convenience of the public upon such terms
as may be agreed upon between the Highways Commission of Baltimore
County or other proper authorities and the Mayor and City Council of
Baltimore. In the event of a disagreement between them as to the loca-
tion or character of the substituted road or bridge, or as to any other
terms of the replacement, the matter shall be referred to the Roads Engi-
neer of Baltimore County, for the time being, and the City Engineer of
Baltimore City, for the time being, who shall have plenary power to con-
sider and decide all questions in connection with such replacement, and
to determine where, how, and in what manner and within what time, said
replacement shall be effected by said city. No such road, or part thereof,
or bridge of any such turnpike company or companies, proprietor or pro-
prietors, shall be closed or altered, in whole or in part, under the provi-
sions 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 Balti-
more County, or by some Justice of the Peace in and for Baltimore Coun-
ty. The said engineers and the third person hereinafter mentioned, if
there be such, shall each receive a per diem of $10 while actually engaged
in work imposed or authorized by this section, the same and all the other
reasonable expenses of said engineers, including compensation to wit-
nesses 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 sec-
tion, shall be final and conclusive unless impeached for fraud in appro-
priate 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 by way of replacement as aforesaid said city shall have power
to agree with the owners of land, property or things to be taken or inju-
riously affected in the construction 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 alteration of such road; in which latter event the pro-
ceedings under such 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