SECTION 2. Petition; recognizance

If common convenience and necessity require a new highway from town to town or from place to place within the same town, or the alteration, relocation, specific repair, discontinuance or discontinuance of maintenance of an existing highway, application therefor shall be made, by petition in writing, to the county commissioners having jurisdiction thereof. The petitioners shall, if so required by the county commissioners, before any action is taken upon such petition, cause a sufficient recognizance to be given to the jurisdiction, with surety to the satisfaction of the commissioners, for the payment of all costs and expenses to the jurisdiction which shall arise by reason of the proceedings on such petition, if the petitioners do not prevail.