corporation now or hereafter owning any land containing mineral,
coal, stone or clay, and over any portion of which shall pass any
state, county or township road or public highway, shall have the
right and are hereby authorized to drill, excavate, mine or quarry
through or under any such road; provided, however, that when any
excavation is to be made in such manner that the top or highest
level of such excavation will be extended within thirty feet
vertical distance of such road, then and in that case before said
work shall be commenced, such person, firm or corporation shall
execute and deliver to the board of county commissioners in case of
state or county roads, or to the township trustee in case of
township roads, a bond, with good and sufficient surety in such
amounts as shall be considered by said commission or trustees
sufficient to cover any damages that may accrue by reason of
excavating, mining or quarrying through or under any such road, the
same to be approved by said commissioners or trustees; conditioned
that while crossing over or mining or quarrying under any such road,
a safe and unobstructed passageway or road shall be kept open by
such person, firm or corporation for public use, and as soon as
practicable such road shall be fully restored to its original safe
and passable condition. When such crossing is made by excavation at
a depth of more than thirty feet below the surface of such road, the
person, firm or corporation making same shall be liable to the
county commissioners or township trustees for any damage that may
accrue by reason of such excavation, and shall be held to fully
repair any such damage and to restore such road to its original safe
and passable condition. The right to mine or quarry across or under
public highways as hereinbefore provided shall accrue to the owner,
lessee or agent of the land upon or through which such highway
passes. (Penalty, Sec. 976.)