THEODORE R. McKELDIN, GOVERNOR                   289

public road or bridge, or any bridge or road so built in lieu of one
so destroyed, be on or through property acquired by said City for
the 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 such property, subject to such provisions and conditions,
looking to maintain the purity of the City's water supply, as the said
Mayor and City Council of Baltimore may by ordinance impose; and
providing further, 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 public road
or bridge of any of the counties affected by the provisions of this
Act, but shall have the right to divert, alter, close or destroy any
public road or bridge of any of said counties, when necessary in the
course of such work, only by agreement with the Highways Com-
mission 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 Com-
mission 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, diverted, closed or destroyed, or upon the location or char-
acter of the 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 Roads Engineer of the county affected, for the time being,
and the Director of Public Works of Baltimore City, for the time
being, who shall have plenary power to consider and decide all ques-
tions in connection with such diversion, alteration, closure or destruc-
tion 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 con-
structed 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 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 Mayor and City Council of Baltimore shall
construct a road to replace any road 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 application 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 prescribed 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
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