Section 3. And be it further enacted by the authority aforesaid, That in all cases where an actual settler has, adverse to the original warrantee, taken possession of any tract of land heretofore surveyed on any original warrant, and who has made on the same such actual settlement, residence and improvement as is required in the ninth section of the said act of the third of April, one thousand seven hundred and ninety-two, and who has purchased any part of the said tract of the warrantee to include and secure his said improvement, that in all such cases, where the said warrantee or his legal representative, on or before the first day of June, one thousand eight hundred and thirteen, shall release to the said actual settler or his legal representative his claim to one hundred and fifty acres and allowance of six per cent of said tract, clear of expense, as a consideration for making said improvement, settlement and residence to be surveyed and laid off by the proper deputy-surveyor, in such case the commonwealth shall cease to have any further claim to such tract.