From and after the passage of this act, it shall and may be lawful for the several courts of quarter sessions, upon application of any person or persons, for a private road, under the surface of any land, to coal mines, to cause a view to be had of the said premises, and upon return of viewers that said road is necessary, then the said court shall cause the same to be entered on record, and thenceforth such road shall be deemed and taken to be a lawful private road, shall be opened by the person or persons making application for the same, and shall be kept in repair at their exclusive cost: Provided, That the viewers appointed as aforesaid, before making their return to the court, shall assess the amount of damages sustained by the owner or owners of lands through which the road shall be made, and embody the same in their report to the court, which damages as assessed by said viewers, shall be paid by the person or persons making application for such road to the owner or owners of such land.