Any person who has previous to the passing of this act made an improvement and actual settlement on a tract of donation land, which shall be and remain undrawn on the first day of October next, and has resided thereon with his family for three successive years, immediately preceding the passing of this act, and cleared, fenced, and cultivated at least ten acres thereof; and any person who shall, after the first day of October next, make an improvement and actual settlement on an undrawn tract of said land, by erecting thereon a dwelling house fit for the habitation of man and shall reside thereon with a family for three years from the date of such settlement, and clear, fence, and cultivate at least ten acres thereof, and shall prove by the oaths or affirmations of two disinterested witnesses taken before a judge or justice of the peace of the county where the land that the improvement, settlement, and residence as aforesaid, are completed, and pay into the state treasury one dollar and fifty cents per acre, with interest from three years after their settlement, with the usual fees of office, the secretary of the land office¹ shall issue a patent for such tract: Provided, That no patent shall issue unless the said applicant shall produce a certificate from the deputy-surveyor² of the proper county, certifying the number of the tract, the number of acres in the same, and that said tract has been duly surveyed by him, according to the original lines and boundaries marked on the same.