ART. 4.] CITY OF BALTIMORE. 657

ground. Whenever said engineers may require and determine
that the city of Baltimore shall construct 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 contem-
plated 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 construction thereof, and, in default of agree-
ment, to condemn the right of way under the provisions of sec-
tions 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 later event the proceedings
under application shall be those prescribed by law for the open-
ing 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 construction, or maintenance of highways, and
bridges, to be selected by the Governor 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.

SEC. 10. And be it further enacted, 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 county, 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 haul-
ing, in connection with said work, and shall thereupon 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 condition, 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