The provisions of the nineteenth section of the act, entitled “An act relating to the laying out of a certain state road from Curwinsville, et cetera, and for other purposes,” approved April 16, 1838,¹ shall be hereafter held to apply to cases where the private road is sought to be obtained wholly over the surface, or partly over or partly under the surface of intervening land or lands, or in all or any of such ways as well as where the same is sought to be wholly under the surface: Provided, The part or parts of such road located over the surface shall be so constructed and maintained as not to obstruct any public highway, or to pass through or over any graveyard, or over any church edifice.