180 COUNTY COMMISSIONEES. [ART. 28.

commissioners shall act upon such application in the same manner
as if the applicant owned land in such county, and had applied
for a private road therefrom.

36. On application to the county commissioners by the owner
of any quarry or mine, for a private road thereto, the same pro-
ceedings shall be had as are prescribed for granting private roads
to farms; Provided, the county commissioners be satisfied that
the working of the stone quarry to which the road is prayed for,
will not injure or endanger any dwelling house, tavern house or
out house attached thereto.

37 In granting a road under the preceding section, the county
commissioners may prescribe a period and terms when and upon
which the said road shall cease, and may be shut up; or when,
for the continuance of said road, it shall be necessary to have,
at the discretion of the said county commissioners, the same
renewed.

38. Any owner of a mill, factory, distillery, quarry, or lime
kiln, situated within five hundred yards of any rail road, may
apply to the county commissioners of the county to lay out and
open a private road from such mill, factory, distillery, quarry, or
kiln, to the most convenient place for intersecting such rail road;
and on such application, the county commissioners shall proceed
in the same manner, and with the same powers, as if such appli-
cation were for a private road to a farm.

39. If an applicant for a road under the preceding section shall
state in his application that he intends to lay a railway on such
road, the commissioners appointed to assess the damages which
any person will sustain by opening such road, shall take into con-
sideration the additional damage, (if any,) which would be caused
by the construction of such rail road; and shall determine the
places at which crossings shall be made over such rail road, for
the convenience of the owners of the land on either side of such
private road, and shall specify the same in their return to the
county commissioners.

40. Any person who has obtained a private road under the last
two preceding sections, may lay a railway thereon, and may,
with the consent of the owners of any rail road, connect the
same therewith; Provided, that the damages assessed as afore-
said be paid to the parties thereto, and that the crossings required