Section 109. If a railroad lawfully laid out through land without the consent of the owner thereof separates a portion of such land from another or from a public way, and the owner, having a right to cross the railroad, cannot agree with the corporation as to the place or manner in which he shall cross, or if a crossing is inconvenient, either party, in a case which does not involve the abolition of a crossing at grade, may apply to the county commissioners, who, after taking a recognizance from the applicant to the county, with sureties to their satisfaction, for the payment of costs and expenses according to their order, and after notice to the other party and a hearing, may make an order relative to such crossing and to the costs of the application; but they shall not order the corporation to construct or maintain a crossing without its consent, unless it is liable by law or by agreement to construct a crossing for the owner of the land, or is the applicant.