,
lessee or agent of a coal mine, may, when such owner, lessee or
agent does not own or control suitable surface ground for openings
for the ingress and egress of persons employed therein, for the
means of ventilation as provided for in this act, for the means of
draining said mine as may best protect the lives and health of the
persons employed therein, for the protection of the employes and
property, for conducting the water from the mine to any natural
water course, or for suitable roadway from any opening to a public
highway, appropriate as hereinafter provided, for any one or more of
such purposes any required intervening or adjoining lands, and make
openings, lay pipe for conducting water, and maintain roadways into,
upon, over, under or through same, provided that no land shall be
appropriated for a roadway more than twenty feet in width, and no
land for any other one of such purposes in excess of one-quarter of
an acre. Such owner, lessee or agent, whether a corporation, firm or
individual, shall be governed in proceedings to appropriate such
land by the laws relating to the appropriation of private property
by corporation; but no land shall be so appropriated unless the
court is satisfied that suitable land cannot be obtained upon
reasonable terms.

Sec. 969. [=Examination and survey of mine by owner of land
adjoining.=] Each person owning land adjoining a mine worked for the
production of coal, and each person interested in such mine, who has
reason to believe that the protection of his interests therein or in
the coal on his adjoining land requires it, upon making affidavit to
that effect before a justice of the peace or other proper officer,
may enter such mine and have an examination or survey of it made,
after giving three days' notice, in writing, to the owner, lessee or
agent of such mine. Such examination shall be made at such time, and
in such manner, as will least interfere with the working of the
mine.

[=Transportation of surveying party.=] When the affidavit has been
made, and notice given, as provided in the foregoing, upon the
application of the person giving the notice, the person in charge of
such mine shall transport, by the ordinary method for entrance and
exit in use at such mine, a surveying party of not more than three
persons, furnish them a competent guide, and supply them with
necessary and proper lamps. The person in charge of the mine shall
be paid by the person requesting the