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Session Laws, 1908 Session
Volume 483, Page 659   View pdf image (33K)
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ART. 4.] CITY OF BALTIMORE. 659

whole or in part, by the city of Baltimore, in connection with
the work herein contemplated, it shall be the duty of said city
to replace the same, at its own expense, as nearly as possible
with a suitable and convenient public road or bridge, in lieu
thereof, and, if any such existing road, or part thereof, or
bridge or any road, or part thereof, or bridge, so built in lieu
of one so destroyed, be on, or through, property acquired by
said city for purposes contemplated by this Act, it shall be the
duty of said city thereafter, at all times, to maintain the same
in good order and repair for the free use of the public, so far
as the same may be on, or through, said property, subject to
such provisions and conditions looking to maintaining the
purity of said city's water supply as the said Mayor 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 Com-
mission of Baltimore county or other proper authorities and the
Mayor and City Council of Baltimore. In the event of a dis-
agreement between them as to the location or character of the
substituted road or bridge, or as to any other terms of the re-
placement, 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 questions in connection with
such replacement and to determine where, how, and in what
manner and within what time, said replacement shall be ef-
fected 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 provisions of this Act, until another shall have been con-
structed and opened to the public in lieu thereof as herein pro-
vided. Said engineers shall have full power and authority to
summon, and require the attendance of all witnesses in connec-
tion 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 engaged in work imposed or au-
thorized by this section, the same and all the 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 de-

 

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Session Laws, 1908 Session
Volume 483, Page 659   View pdf image (33K)
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