660 LAWS OF MARYLAND.

volve upon them under this section, shall be final and conclu-
sive unless impeached for fraud in appropriate proceedings in-
stituted in the Circuit Court for Baltimore county, in equity, to
set aside their findings on such ground. Whenever said en-
gineers may require and determine that the city of Baltimore
shall construct a road by way of replacement as aforesaid said
city shall have power to agree witu the owners of land, prop-
erty 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 appli-
cation to the Highways Commission of Baltimore county or
other proper authorities for the opening or alteration of such
road; in which latter event the proceedings under such applica-
tion shall be those prescribed by law for the opening or altera-
tion 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 con-
struction 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 their 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. But noth-
ing in this Act shall be taken as obliging said city to replace
any road or part of a road, or any bridge, or a turnpike com-
pany or turnpike companies, proprietor or proprietors, if in the
opinion of said engineers, the purpose thereof will be reason-
ably answered, so far as the public convenience is concerned, by
a road or bridge constructed, or required to be constructed by
way of replacement by said city under the provisions of section
9 of this Act, relating to the diversion, alteration, closure or de-
struction of public roads or bridges of Baltimore county, nor
as obliging said city to replace any public road, or part of a
road, or bridge of Baltimore county, under section 9 of this Act,
if in the opinion of said engineers, the purpose thereof will be
reasonably answered, so far as the public convenience is con-
cerned by a road or bridge constructed, or required to be con-
structed by way of replacement by said city, under the provi-
sions of this section of this Act.

SEC. 12. And be it further enacted, That upon the comple-
tion of the storage lake herein contemplated, and forever there-