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JANUARY TERM, 1848.
245
- Monet Jones.
and the same is hereby made permanent, and located in the town of Gainesville, in said county.”
“7th. That should it so happen that the public buildings -above spoken of should not be completed by the spring term of the circuit court of 1846, that the several courts of said county shall be held at the usual place of holding the same lip to that time. 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 citizens shall have provided for their accommodation, until the completion of the public buildings above spoken of.”
The other sections of the act contain the provisions that the citizens of Gainesville shall erect, at their own expense, upon the land donated for that purpose by Charles H. Frazier, suitable brick buildings for the accommodation of the several courts of the county; that certain persons named in the act shall, as a board of commissioners, report the cost of the buildings to the county treasurer, who shall be authorized to refund to these citizens one-third of the cost of their construction ; and that a neglect by any of- the officers mentioned in the act, to comply with its requisitions, shall be deemed a misdemeanor in office. These provisions contain no conditions controlling the absolute location of the seat of justice at Gainesville. They simply show, whatever the fact may be, that the legislature must have made the location of the county seat upon the presumption, and in anticipation of an undertaking by the citizens of Gainesville, to erect, at their own expense, the necessary public buildings of brick, and that they provided that those citizens should afterwards be refunded one-third of the actual cost of the buildings. The act makes no conditions, but renders it imperative upon the officers to remove their hooks and papers after a certain period, under the pains and penalties affixed by law to a misdemeanor in office. As to the undertaking, real or supposed, of the citizens of Gainesville, we have nothing to do, only so far as it may put a condition upon the act in question, which, as we have said, it does not. If no provision shall have been made at that period for the offices, and the legislature having