The operator or superintendent of any contemplated mine which he may plan to open or reopen and on whose property there are only facilities for one shaft, slope or outlet may petition the court of common pleas in and for the county in which such mine is situated, which said court is hereby empowered to act in the premises, setting forth that, in consequence of intervening lands between the working of his mine and the most practicable point, or the only practicable point, as the case may be, at which to make or bring to the surface from the working of his mine, he is unable to make an additional shaft, slope or outlet in accordance with the requirements of this act, whereupon the court may make an order of reference and appoint three disinterested persons, residents of the county, viewers, one or more of whom shall be a practical mining engineer, all of whom, after being sworn to a faithful discharge of their duties, shall view and examine the premises and determine as to whether the owner should have the privilege of making an additional outlet through or upon any intervening lands, as the case may require, and report in writing to the court, which report shall be entered and filed of record. If the finding of the viewers, or any two of them, is in favor of the operator of such coal mine or colliery, he may make an additional shaft, slope or outlet under, through or upon intervening lands, as may be determined upon and provided for by the award. If the finding of the viewers is against the operator, or if no award be made by reason of any default or neglect on the part of the operator, he shall be bound to comply with the provisions of this act in the same manner as if this section had not been enacted. In case the operator or superintendent desires to, and claims that he ought to make an additional opening under, through or upon any adjoining or intervening lands, to meet the requirements of this act, for the ingress and egress of the men employed in his or their mine, he or they shall make a statement of the facts in the petition, with a survey, setting forth the point of commencement and the point of termination¹ of the proposed outlet which he or they, their engineers, agents or employes may enter upon said intervening lands and survey and mark, as he or they shall find it proper to adopt for such additional outlet, doing so little damage as possible to the property explored; and the viewers shall state in their report what damage will be sustained by the operator or operators of the intervening lands by the opening, constructing and using of the outlet, and if the report is not appealed from, it shall be confirmed or rejected by said court as to right and justice shall appertain, and any further and all proceedings in relation thereto shall be in conformity with like proceedings as the case of a lateral railroad across or under intervening lands, under the act in relation to lateral railroads, approved May 5, 1832 (P.L. 501), and the supplements thereto,² so far as the provisions of the same are applicable hereto; and the notices to the owners of intervening lands, of the intention to apply for the privilege of making an outlet, and meeting of the viewers shall be given, and the costs of the case shall be paid as provided in the said act of May 5, 1832 (P.L. 501), and the supplements thereto.