HERBERT R. O'CONOR, GOVERNOR. 919

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 con-
venient road or bridge in lieu thereof; provided that the
said Mayor and City Council of Baltimore shall not have
the power, anything in this Act or in any other Act to>
the contrary notwithstanding, to condemn any such state
road or bridge under the jurisdiction of the State Roads
Commission, but shall have the right to divert, alter, close
or destroy any state road or bridge under the jurisdiction
of the State Roads Commission, when necessary in the
course of such work, only by agreement with the State
Roads Commission, on such terms as to replacing the same
for the convenience of the public as may by said State:
Roads Commission be required. In the event that said
City and the State Roads Commission may not be able to
agree upon the terms under which said state road or
bridge is to be altered, diverted, closed or destroyed, or
upon the location or character of the state road or bridge-
to replace the same, or upon any other terms as to the
replacing of the same, the matter shall be referred to the
Chief Engineer of the State Roads Commission, for the
time being, and the Chief Engineer of Baltimore City,
for the time being, who shall have plenary power to con-
sider and decide all questions in connection with suck
diversion, alteration, closure or destruction of such state
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 state 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
Engineers shall have full power and authority to summon,
and require 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 Engineers and the third person herein-
after 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 the State Roads Commission 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 Baltimore: