290                               LAWS OF MARYLAND                        [CH. 203

to be borne by the Mayor and City Council 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 Gov-
ernor of Maryland, on the application of either of said Engineers,
in the event they are unable to agree on such third person, the deci-
sion 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. All costs and expenses incurred in connection with any
such arbitration proceedings shall be paid by the Mayor and City
Council of Baltimore.

The powers and duties of the Director of Public Works of Balti-
more City under this section may, at any time, with the consent of
the Mayor of Baltimore, be delegated by him to one of his assistant
engineers, or such powers may be exercised and duties performed
by some third party to be named by the municipal agency 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 Commis-
sioners 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 whenever any state road
or bridge under the jurisdiction of the State Roads Commission shall
be destroyed or rendered impassable, in whole or in part, by the
Mayor and City Council of Baltimore, in connection with the work
herein contemplated, it shall be the duty of said City to replace the
same, as nearly as possible, at its own expense, with a suitable and
convenient road or bridge in lieu thereof; provided that the said
Mayor and City Council of Baltimore shall not have the power, any-
thing 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 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 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