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JANUARY TERM, 1848.
889
Mon«l *. Jonea.
“Sect 7. Be it further enacted, that should it so happen, that the public buildings pbove spoken of, should not be completed by the spring term of the circuit court of said county, the several courts shall be held at the usual place of holding the same, up to the spring term of 1846; then all the officers above spoken of, shall, within ten days thereafter, remove their books and papers to the town of Gainesville, to such buildings as the citi* zens shall have provided for their accommodation, until the completion of the-public buildings above spoken of.
“ Sect. 8. Be it further enacted, that if any officer of officers shall fail or neglect to comply with the requisitions of this act, they shall be liable to all the pains and penalties now imposed by law for similar misdemeanor in office;
“Passed. February 13, 1846.”
That in the month of April, 1846, Benjamin Jones, clerk of the circuit and probate courts of the county, in obedience to the order, removed tfye books and papers of his office to Gainesville.
On the second Monday in May, the board of police convened at Shieldsborough, at the court-house; and, having heard the opinion of counsel, came unanitnonsly to the conclusion, that this act of the legislature was unconstitutional and void; and, that Shieldsborough. the old county seat, was the connty seat still. They accordingly, by virtue of their constitutional authority, so declared it, and directed Jones to remove the books and papers back from Gainesville to that place. Jones, in contempt of their order, refused to obey them. They, therefore, prayed for a mandamus, to enforce obedience on the part of Jones, to their order.
The Hon. J. M. Smiley, vice-chancellor, directed a rule, to show cause, to issue returnable to the September term of the circuit court of Harrison connty.
Jones filed an answer, justifying his disobedience, under the act of 1846, locating the county seat at Gainesville. In his answer, he admits that the buildings for the courts had not yet been erected.
The petitioner demurred to the answer; the demurrer was overruled, and the petition dismissed, and an appeal granted.
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