by fire or lightning which may be sustained by any member thereof, during the time for which their respective policies are written; and they shall, also, at the time of effecting the insurance, pay such percentage in cash, and such other charge as may be required by the rules or by-laws of the company.

9. Risks classified.] § 9. Any such company may classify the property insured therein at the time of issuing policies thereon, under different rates, corresponding as nearly as may be to the greater or less risk from fire or lightning, and loss, which may attach to each several building insured.

10. When company not to insure.] § 10. No such company shall insure any property beyond the limits of the district comprised in the formation of the company, nor shall they insure any property within the limits of any city containing over 12,000 inhabitants at the time of the organization of such company.

11. Notice of loss-Adjustment-Expense.] § 11. Every member of such company who may sustain loss or damage by fire or lightning shall immediately notify the president of such company, or in his absence the secretary thereof, stating the amount of damage or loss claimed, and if not more than fifty dollars ($50), then the president and secretary shall proceed to ascertain the amount of such loss or damage and adjust the same. If the claim for damage or loss shall be an amount greater than fifty dollars ($50), then the president of such company, or in case of his absence the secretary thereof, shall forthwith convene the directors of such company, whose duty it shall be when convened to appoint a committee of not less than three members of such company to ascertain the amount of such damage or loss. If in either case there is a failure of the parties to agree upon the amount of such damage or loss, the claimant may appeal to the judge of the county court of the county in which the office of such company is located, whose duty it shall be to appoint three persons as a committee of reference, who shall have full authority to examine witnesses and to determine all matters in dispute and shall make their award in writing to the president of such company, and such award shall be final. The pay of said committee shall be two dollars ($2.00) per day for each day's service so rendered, and four cents for each mile necessarily traversed in the discharge of their duties, which shall be paid by the claimant, unless the award of said committee shall exceed the sum offered by the company in liquidation of such loss or damage, in which case said expenses shall be paid by the company. [As amended, Laws 1877, p. 127.

12. Assessments.] § 12. Whenever the amount of any loss shall have been ascertained, which exceeds in amount the cash funds of the company, the president shall convene the directors of

said company, who shall make an assessment upon all the property to the amount for which each several piece of property is insured, taken in connection with the rate of premium under which it may be classified.

13. Notice of assessment.] § 13. It shall be the duty of the president, whenever such assessment shall have been made, to immediately notify every person composing such company, personally, by an agent or by letter sent to his usual post office address, of the amount of such loss, and the sum due from him as his share thereof, and of the time when and to whom such payment is to be made; but such time shall not be less than thirty nor more than ninety days from the date of such notice.

14. Suits.] § 14. Suits at law may be brought against any member of such company who shall neglect or refuse to pay any assessment made upon him by the provisions of this act; and the directors of any company so formed, who shall willfully refuse or neglect to perform the duties imposed upon them by the provisions of this act, shall be liable, in their individual capacity, to the person sustaining such loss. Suits at law may also be brought and maintained against any such company, by members thereof, for losses sustained, if payment is withheld after such losses have become due.

15. Annual statement.] § 15. It shall be the duty of the secretary to prepare an annual statement, showing the condition of such company on the thirty-first day of December, and present the same at the annual meeting.

16. Withdrawal from company.] § 16. Any member of such company may withdraw therefrom by surrendering his policy for cancellation, at any time while the company continues the business for which it was organized, by giving notice in writing to the Secretary thereof, and paying his share of all claims then existing against said company: Provided, that by the withdrawal of any such member, the number of the members remaining in the company shall not be reduced below the original number of corporators, or that the assets will not be reduced below the amount at the time of the organization: Provided further, that the company shall have power to cancel or terminate any policy by giving the insured notice to that effect.

17. Report to auditor-Certificate-Fees.] § 17. It shall be the duty of the president and secretary of every such company on the first day of January of each year, or within one month thereafter, to prepare, under their own oath, and transmit to the auditor of public accounts, a statement of the condition of the company on the thirty-first day of December then next preceding, in such form as the auditor may direct. If, upon examination, he is of the

opinion that such company is doing business correctly, in accordance with the provisions of this act, he shall thereupon furnish the company his certificate, which shall be deemed authority to continue business the ensuing year, subject, however, to subsequent provisions of this act. For such examination and certificate the company shall pay $1. Each company shall pay, at the time of organization, $10 for the auditor's services, all of which shall be paid into the state treasury and applied to the insurance fund. (1.)

18. Dissolution.] § 18. Any such company may be proceeded against and dissolved in the manner and upon the same conditions as provided in case of other insurance companies incorporated in this state.

19. Companies formed under act of 1872.] § 16. Any township insurance company formed under an act entitled "An act to incorporate and govern mutual fire insurance companies in townships," approved April 3, 1873, with the written consent of twothirds of the members, accept the provision of this act, and thereupon shall be governed by its provision. Before any such company shall be entitled to the benefits thereof, the directors, or a majority of them, shall file with the auditor of public accounts the declaration provided for in section 2 of this act.

(1) The auditor could in a proper case terminate the power of the company under the above section, to continue business, by simply refusing to grant the certificate of renewal. Opinion of Att'y Gen. EDSALL,

DIVISION VII.

REVENUE.

AN ACT for the assessment of property and for the levy and collection of taxes [Approved March 30, 1872. In force July 1, 1872. Rev. Stat., Ch. 120.]

SECTION.

PROPERTY LIABLE TO TAXATION.

1. Taxable property.

1. Taxable property.] § 1. That the property named in this section shall be assessed and taxed, except so much thereof as may be, in this act, exempted:(1)

(1) The constitution of Illinois declares, Art. 9, SEC. 1. The General Assembly shall provide such revenue as may be needful, by levying a tax, by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property-such value to be ascertained by some person or persons, to be elected or appointed in such manner as the General Assembly shall direct, and not otherwise; but the General Assembly shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, Jugglers, inn-keepers, grocery-keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and persons or corporations owning or using franchises and privileges, in such manner as it shall, from time to time, direct by general law. uniform as to the class upon which it operates.

SEC. 2. The specification of the objects and subjects of taxation shall not deprive the General Assembly of the power to require other subjects or objects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this constitution.

The rule of uniformity and equality of taxation prescribed by the constitution must be applied not only to the rule of taxation, and to the district taxed, but also to all the property subject to taxation. Primm v. City of Belleville, 59 Ill. R., 142; Lee v. Ruggles, 62 Ill. R., 127: Chicago & A. R. R. Co. v. Livingston, 68 Îll. R., 458.

The principles of "equality” and “uniformity" are indispensible to all legal taxation, general or local. City of Chicago ▼. Larned et al., 34 Пll. R., 203. The rule of uniformity of taxation prescribed in the constitution, requires that one person shall not be compelled to pay a greater proportion of the taxes, according to the value of his property, than another. Bureau County v. Chicago etc. R. R. Co., 44 Ill. R., 230. Under this rule, a portion of the citizens of a town could not be exempted from road taxes while the burden is imposed on others. O'Kane ▼. Treat et al., 25 Ill. R., 557. But a tax imposed on a corporation as such, is not a tax on the person or property of the corporation or stockholders. Ducat v. City of Chicago, 48 Ill. R. 173.

The right to tax is vested in the legislature, which possesses plenary power, except BO far as it may be restricted by the constitution of the State or the United States, and it rests with those who allege the unconstitutionality of an act of the legislature to show clearly and palpably wherein it violates the constitution. Porter et al. v. R. R. I. & St. L. R. R. Co., 76 Ill. R., 561.

The taxing power is legislative and political in its nature, and is not under the Judicial power of the State, and the courts cannot interfere unless the tax is void, because levied without power on the part of the officer executing the revenue laws. Ottawa Glass Co. v. McCaleb etc., 81 Ill. R., 462.

Unless the power to tax clearly appears from the law, it cannot be exercised, but the courts will not pervert language from its ordinary and plain signification, and resort to a forced and unnatural interpretation to come to the meaning of the law; and if from an exami nation of all the language of the law applicable to the subject, it is clear that it was intended the power of taxation should be exercised, it is sufficient. Fisher v. The People, 84 Ill. R., 491.

The great principle of natural justice demands that all who have the right to command and employ the sovereign power of the State to protect them in their rights, should contribute to the expenses of the government. The rule embraces corporations or intangible persons as well as natural persons. Republic Life Ins. Co. v. Pollock et al., 75 Ill. R., 297.

Taxes are defined as being the enforced proportional contribution of persons and property, levied by the authority of the State for the support of the government, and for all public needs. Cooley on Taxation, p. 1.

The term "property," wherever used in this act, is held to include every tangible thing, being the subject of ownership, whether animate or inanimate, real or personal. Cleghorn . Postlewaite, 43 Ill. R., 437.

First-All real and personal property in this state.

Second-All moneys, credits, bonds or stocks and other investments, the shares of stock of incorporated companies and associations, and all other personal property, including property in transitu to or from this state, used, held, owned or controlled by persons residing in this state.

The term personal property, applies as well to notes and moneys as to goods and chattels; the possession of which is prima jacie evidence of ownership. Brownell v. Dizon, 37 Ill. R., 197.

County orders and county bonds are subject to taxation. April 2, 1867; June 13, 1868.

Opinion Auditor MINER.

Money loaned or on deposit in a bank, or a note secured by mortgage, are subJect to taxation. Opinion Auditor MINER, June 10, 1868; Trustees, etc. v. McConnell, 12 Ill. R., 138; People v. Worthington, 21 Ill. R., 171.

Shares of joint stock companies owned in this State are liable to assessment and taxation under the laws of this State, whether such companies are located in this State or not. Opinion Auditor MINER, July 25, 1867; See Inhabitants Great Barrington v. Commissioners Berkshire County, 16 Pick. R., 572.

Bonds that are void cannot be rendered valid by assessment and payment of taxes on them. Marshall Co. v. Cook, 38 Ill, R., 58.

In case of an agreement in writing, wherein A. agrees to convey to B. certain lands on the payment of a stipulated sum, and B. had paid a portion, the amount paid had been assessed, and the board of reviewers had ordered said assesment to be stricken from the list, deciding that said credits were not taxable; it is the opinion that the board exceeded their authority, which is thought to extend only to correction of erroneous valuations. As to whether property is taxable, the board of supervisors proceed under section 33 of this act; therefore the assessment should not be stricken from the list on proceedings already had. That the sums payable by B. are "credits" and subject to taxation, to the extent the owner A. believes will be received, or can be collected. See? 3, Opinion Auditor MINER, Jan. 5, 1867,

The consideration received on sale of land, whether money or notes, must be taxed, notwithstanding the land is still taxed. Opinion Auditor MINER, April 18, 1867; People v. Worth ington, 21 Ill. R., 171.

For the purpose of taxation, the law regards lands and improvements as a whole, except for obtaining a correct valuation. When the valuation is ascertained, and tax charged, it is against the tract or lot, including improvements. If sold for the tax, all is sold together. Arrangements between lessor and lessee are not to be considered by the revenue officers. Opinion Auditor MINER, April 30, 1867. But where a building is set on posts to denote its temporary condition, under a provision in the lease to remove it, it is held to be personal property. Ballou ▾. Jones et al., 37 111. R., 94; see also Titus et al. v. Mabee et al., 25 Ill. R., 257.

Warehouses and other buildings on railroad lands, under lease, are taxable as separate property. Opinion Auditor MINER, May 21, and June 19, 1867.

Moneys and credits of all persons in this State are taxable in this State without reference to the temporary location thereof. Opinion Auditor MINER, April 13, 1867.

While the transient visit of a person for a time at a place may not make him a resident while there, yet, if he has a regular and permanent business there, such as the loaning of money for himself and others, and remains there continuously for a time sufficiently extended to enable him to transact that business, which is his only known business or occupation, that will be regarded as his place of residence, so as to subject his own moneys and credits, employed in such business, and also the moneys and credits of other persons who may reside out of this State, but which are used and controlled by him as their agent, to taxation at such place, if in this State; and this although he may at the same time have a home or domicile in another State, where he also resides during certain limited portions of the year. Tazewell Co. v. Davenport, 40 Ill. R., 197.

An assessment, commonly called special assessment for street improvement in a city, is not a tax, and the same rules applicable to one do not necessarily apply to the others. City of Chicago v. Colby, 20 11l. R., 614; Canal Trustees v. City of Chicago, 12 Ill. R., 406.

In the construction of statutes, it will never be presumed that the legislature intended to abandon its rights as to the mode of assessing and collecting the State revenue. Bank of the Republic v. Hamilton County, 27 Ill. R., 54.

130.

The jurisdiction of the State, on the subject of taxation for State purposes, is su preme, over which the government of the United States can have no power or control. State Treasurer v. Collector of Sangamon County, 28 111. R., 512; The People v. Bradley et al., 39 Ill. R., But the federal constitution limits the power of taxation by a State in express terms as to imports and exports, and by implication, as to those instruments employed by the general gov ernment to carry out its authority, as government bonds, and the operation of such instruments. The People v. Bradley et al., 39 Ill. R., 130.