672

LAWS OF MARYLAND

Ch. 125

the City Engineer of Baltimore City, for the time being, who
shall have plenary power to consider and decide all
questions in connection with such diversions, alteration,
closure, or destruction of such highway or bridge, and to
determine where, how, and in what manner, and within what
time, the same shall be replaced by the said city, including
the right to require that said city shall build bridges over
and across the lake contemplated to be formed under this
subheading; it being in the contemplation of this subheading
that, under Sec. 25-9 and 25-11 at least two such bridges
shall be built, at locations determined by such engineers to
be the most feasible and convenient for the use of the
public, injuriously affected by the destruction or
alteration of existing bridges and roads. No road or bridge
shall be closed or altered, in whole or in part, under the
provisions of this subheading, until another shall have been
constructed and opened to the public in lieu thereof as
herein provided, 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 the oath required by law; the same to be administered
by the Clerk of the Circuit Court for Baltimore County, or
by [some Justice of the Peace] THE DISTRICT COURT in and for
Baltimore County. The said engineers and the third person
hereinafter, if there be such, shall each receive a per diem
of $10 while actually engaged in work imposed or authorized
by this section, the same and all other reasonable expenses
of said engineers, including compensation to witnesses, at
the regular rates, and the employment of a secretary, if
such employement 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 Baltimore
County that 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 County in equity, 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 diverted, altered, closed or destroyed,
or to be diverted, altered, closed or destroyed, in the
course of the work contemplated by this subheading, 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 Section
25-1 and 25-3, authorizing the condemnation of property,
land or things for the purposes of this subheading, or may,
at its election, make application to the Highways Commission
of Baltimore County, or other proper authorities for the
opening or alteration of such road, in which latter event
the proceedings upon application shall be those prescribed
by law for the opening or alteration of roads in Baltimore
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