(1) When it is necessary to build or repair any bridge across any stream on the line between two (2) counties, or to construct or repair any road between two (2) counties, or along the boundary line thereof, the fiscal courts of the counties may enter into suc h agreement therefor as they find best, but if they disagree, the fiscal court of each county shall appoint two (2) special commissioners who, together with the county road engineer of each county and a representative of the Department of Highways, shall meet and arrange the matter. (2) The fiscal court of each county interested shall notify the Department of Highways of the action taken and request its assistance in the matter and the decision reached by the committee thus appointed, acting jointly with th e representative of the Department of Highways, shall be binding. (3) If the fiscal court of any county, upon being requested to do so, fails to appoint commissioners, or if either court fails in any respect to fulfill its part of the agreement with respec t to work, the remedy by mandamus shall lie before the Circuit Court of the county whose fiscal court is complained of on behalf of the fiscal court of the other county, and the Circuit Court shall compel the fiscal court complained of to do what ought to be done in the matter.
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