From and after the passage of this act, the Board of Property be and they are hereby authorized and required to direct warrants of acceptance and patents to issue on any surveys regularly made or to be made in pursuance of any warrant, location, actual settlement or order of survey, although such survey may contain a greater surplus than ten per cent. beyond the quantity mentioned in such warrant, location or order: Provided, That such surplus quantity shall not exceed one hundred acres; and that the party procuring such return to be made, shall forthwith pay into the State Treasury the price of such surplus land, with interest, at the same rate at which the said warrant, location or order may have been taken out, except in all cases of warrants taken out at fifty shillings per hundred acres, in which cases the price of such surplus land shall be at the rate of twenty-six dollars and sixty-six cents per hundred acres: And provided also, That no acceptance of any survey shall in any case prejudice or affect the right or title of any other person in or to such surplus land, which may have accrued or commenced by warrant or actual settlement prior to such acceptance.