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Session Laws, 1908 Session
Volume 483, Page 656   View pdf image (33K)
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656 LAWS OF MARYLAND.

agreement with the Highways Commission of said county, or
other proper authorities, having the charge and control thereof,
on such terms as to replacing the same for the convenience 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 location 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 referred 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 ques-
tions in connection with such diversion, 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 contemplated to be formed under this Act; it being in the
contemplation of this Act that, under- this and the eleventh sec-
tion of this Act, at least two such bridges shall be built, at loca-
tions 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 re-
quire that their testimony shall be taken under the oath re-
quired 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 engaged 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 Balti-
more county that may devolve upon them under this section
shall be final and conclusive unless impeached for fraud in
appropriate proceedings, instituted in the Circuit Court for
Baltimore county in equity, to set aside their findings on such

 

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Session Laws, 1908 Session
Volume 483, Page 656   View pdf image (33K)
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