Upon such petition, the said court shall appoint a jury, in the same manner, and with all the proceedings that now pertain for the assessment of damages for the opening and laying out of roads, in the proper county where such erection or construction is about to be made; and the said court shall proceed, in manner aforesaid, to ascertain the damages sustained by the owner of said right or easement, in consequence of the said erection or construction proposed, and the same shall be paid to the said owner by said licensees, before the said erection or construction is commenced: Provided, That the party intending to make such erection or construction, may proceed with the same at any time after presenting his petition as aforesaid, by first filing in the said court a bond to be approved by at least one of the judges thereof, conditioned to pay such damages as may be adjudged in favor of the owner of the said right or easement by the said court.
53 P.S. § 16849