Section 6. And be it further enacted by the authority aforesaid, That the Secretary of the Land-Office be, and he is hereby authorised to issue patents on any such location or locations, or other office rights as aforesaid, upon the application of any person or persons entitled to receive the same, previous to, or within nine months after the institution of a suit in the manner aforesaid, and upon the payment of the sum due the Commonwealth with the usual fees of office, deducting therefrom seven years interest, to be computed from the second day of December, one thousand seven hundred and seventy-six, or on the payment of the usual fees of office, and the executing a mortgage to the Governor of the Commonwealth to secure the payment of the aggregate of the arrears of purchase money and the interest due thereon, after deducting the seven years interest as aforesaid, in ten equal annual instalments, the interest of the whole aggregate sum remaining due to be paid yearly, and all mortgages which shall be executed in pursuance of this act, shall be filed in the office of the Secretary of the Land-Office, and shall be available in law without 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 endorse thereon, that a mortgage is executed by the patentee to the Governor for the use of the Commonwealth, to secure the payment of arrearages, and also endorse thereon the amount thereof: Provided, That if any person or persons shall neglect or refuse to comply with the true intent and meaning of this act, then, and in that case, it shall be the duty of the Secretary of the Land-Office to calculate the whole amount due the Commonwealth under the provisions of the act of Assembly, passed the twenty-fifth of January, one thousand eight hundred and sixteen, and it shall be his duty to transmit the same to the Deputy Attorney General of the proper county, who shall commence suit thereon, and prosecute the same to judgment and execution, according to the laws of this Commonwealth: Provided always, That any person or persons who may hereafter execute a mortgage or mortgages to the Governor for the use of the Commonwealth, to secure the purchase money and interest as aforesaid, shall not in consequence thereof be deprived of the privileges to which freeholders are entitled, any law or custom to the contrary notwithstanding; and 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 the mortgages as aforesaid may be made and executed by a legal agent or representative, duly constituted by letter of attorney, acknowledged before some justice of the peace in the county where the lands lie: And provided further, That no suit shall be instituted on any mortgage given as aforesaid, until one month after the last day whereon such mortgage money ought to have been paid, or conditions performed as therein set forth and contained: And provided further, That no suit shall be instituted against any person holding lands by virtue of locations or other office rights, issued from or under the proprietary government, prior to the first of April, one thousand eight hundred and twenty-one.
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.