ALBERT C. RITCHIE, GOVERNOR.                1303

public, so far as the same may be on or through such, property,
subject to such provisions and conditions, looking1 to maintain-
ing the purity of the City's water supply, as the said Mayor and
City Council of Baltimore may by ordinance impose; and pro-
viding further, that the said Mayor and City Council of Balti-
more shall not have the power, anything in this Act or in any
other Act to the contrary notwithstanding, to condemn any such
public road or bridge of any of the counties affected by the pro-
visions of this Act, but shall have the right to divert, alter,,
close or destroy any public road or bridge of any of said coun-
ties, when necessary in the course of such work, only by agree-
ment with the Highways Commission of the county affected or
other proper 'authorities having 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 the
authorities of any county affected may not be able to agree upon
the terms under which said road or bridge is to be altered, di-
verted, closed or destroyed, or upon the location or character
of the road or bridge to replace the same, or upon any ether
terms as to the replacing of the same, the matter shall be re-
ferred to the Roads Engineer of the county affected, for the
time being,. and the Chief Engineer of Baltimore-City, for the
time being, who shall have plenary power to consider and decide
all questions in connection with such diversion, alteration, clo-
sure or destruction of such road or bridge, and to determine
where, how and in what manner, and within what time, the
same shall be replaced by said City. 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, and said Engi-
neers stall have full power and authority to summon, and re
quire the attendance of, all witnesses in connection with their
inquiries under this section, and to require that their testimony
shall be taken under oath, as required by law. The said Engi-
neers and the third person hereinafter mentioned, if there be
such, shall each receive a per diem of ten dollars while actually
engaged in work imposed or authorized by this section, the. same
and all other reasonable expenses of said Engineers, including
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 any county affected which 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 the county affected, to set aside their findings on such ground.
Whenever said Engineers may require and determine that the
City of Baltimore shall construct a road to replace any road