1304:                         LAWS OF MARYLAND.                   [CH. 521

diverted, altered, closed or destroyed, or to be diverted, altered,
closed or destroyed in the course of the work contemplated 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 agreement, to
condemn the right of way under the provisions of this Act,
authorizing the condemnation of property, land or things for
the purposes of this Act, or may, at its election, make applica-
tion to the Highways Commission or other proper authorities
of the county affected, for the opening or alteration of such
road, in which latter event the proceedings shall be those pre-
scribed by law for the opening or alteration of roads in such
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 they are unable to agree on such third person, the de-
cision 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.

The powers and duties of the Chief Engineer of Baltimore
City under this section may, at any time, with the consent of
the Mayor of Baltimore, be delegated by him to one of his assist-
ant engineers, or such powers may be exercised and duties per-
formed by some third party to be named by the municipal
agency hereinafter charged with the duty of carrying the work
under this Act into execution. The powers conferred and the
duties imposed by this section upon the Roads Engineer of any
county affected by the provisions of this section may at any
time, with the consent of the County Commissioners of such
county, be delegated by him to one of his assistant engineers,
or, if there be no Roads Engineer of said county, it shall be
the duty of the County Commissioners of said county to appoint
some person, preferably an engineer resident in said county, to
exercise such powers and to perform such duties.

SEC. 6. And be it further enacted, That so soon as the Mayor
and City Council of Baltimore shall be ready to begin work un-
der this Act, the Roads Engineer of any county affected, and
the Chief Engineer of Baltimore City, shall together make a
careful inspection of all public roads, and portions of public
roads, and of all bridges of such 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 team-