The party, firm, or corporation entitled to use such private road, so laid out, may give thirty days' notice to the owner or owners, or occupiers, of the land, over or under which such private road has been laid out and is used, of its or their intention to construct such tramway or other device over such private road; and thereupon such owner, owners, or occupiers may petition the court of quarter sessions of the peace of the proper county to appoint three disinterested persons as viewers, to view the location of such tramway or other device for carrying the product of such mines, and to consider any determine the amount of damages, if any, that may be caused by the construction and operation of such tramway or other device over such private road, and report their findings, under oath, to said court, within thirty days after the date of such view, which date and time shall be fixed by the court when making such appointment.
36 P.S. § 2842