The Secretary of the Land Office¹ of this commonwealth be and he is hereby authorized to issue warrants and patents to all actual settlers residing north and west of the rivers Ohio and Allegheny, and Conewango creek, who have complied with the acts of 1792² and 1794,³ who may apply within two years after the passing of this act with such documents as are now required by law to obtain warrants and patents in that part of the state, also a certificate of the deputy surveyor⁴ of the proper district, certifying that to the best of his knowledge and belief, the lands contained in said survey had not been claimed by any other person, by warrant or otherwise, and on the payment of the usual fees of office, such persons shall receive their warrants and patents, upon executing a mortgage to the Governor for the use of the Commonwealth to secure the payments of the purchase money and the interest due this commonwealth, in ten equal annual instalments, and all mortgages executed in pursuance of this act shall be for the purchase money and interest thereon only, and shall be filed in the office of the Secretary of the Land Office, and shall be available in law without the recording thereof. And it shall be the duty of the Secretary of the Land Office, before he shall deliver any such patent to be enrolled, to indorse thereon that a mortgage is executed by the patentee to the Governor, for the use of the Commonwealth, to secure the payments as aforesaid, specifying the amount thereof: Provided always, That any person or persons, who have executed, or who may hereafter execute a mortgage or mortgages to the Governor, for the use of the Commonwealth, to secure the payment of the purchase money on lands, shall not in consequence of their executing such mortgage or mortgages, be deprived of the privileges to which freeholders are entitled, any law or custom to the contrary notwithstanding. That nothing in this act shall prevent any person or persons or their legal representatives from paying the whole amount due the Commonwealth, at any time within the ten years aforesaid; and that the application and mortgage as above stated may be made and executed by a legal agent or representative, duly constituted by letter of attorney, acknowledged before some Justice of the Peace⁵ in the county where the land may lie: Provided, That no warrant or patent issued under the authority of this act to any actual settler shall prejudice or in any wise affect, or impair the right, interest or claim of any person or persons whomsoever in any of the said lands.