Where the petition is for the establishment or alteration of a public road leading from the main public road, the court may refuse to undertake the proposed work or abandon it after having undertaken it, unless the petitioner, or someone for him, deposits with the fiscal court a sum sufficient to pay all damage and cost sustained by reason of the establishment or alteration of the road. In such case the court may, if it thinks proper, establish the road upon condition that the petitioner shall pay all costs and damages, and make and keep the road in repair, and the court may also impose upon the petitioner, his heirs and assigns, and upon the public, such other conditions in reference to the road as the court finds just.
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