J 1336.2 ^ ’ R-86 ' > ) > ^ ) ILLINOIS STATE LIBRARY Call No. . . K..r:.3A . Accession No. EDWARD J. HUGHES Secretary of State and State Librarian ( 6618 ) • • » • ♦ • •• • • « • • • • • • 1 sr • • • « « • • • • • # I • # ♦ • • • X 3 3^*2. 1 ?- C. 1 3“ ADDRESS. To THE Hon. K. J. Oglesby, Governor of the State of Illinois: The committee appointed by yon under a joint resolution of the Thirty-fourth General Assembly, “to amend and revise the revenue laws of the State of Illinois, and to propose and frame a revenue code, which shall be just to all classes of property and in keeping with our ■ complicated system of business and individual and corporate avoca- A tions,” report herewith the draft of “A BiU for an act in relation to the public revenue,” which embodies the propositions the committee have to make with respect to the revenue system of the State; and ^ through you, they submit the same for the careful consideration of the ^ next General Assembly. ^ Having organized at Springfield upon the 2d day of September, r- 1885, by the election of a chairman and secretary, we at once began a careful examination and discussion of the existing revenue act section ' by section, of the limitations imposed by the State and Federal Con- ^ stitutions upon the exercise by the legislature of the power of taxation, ^ and of the decisions of the Supreme Courts of Illinois and the United _ States, touching the same questions. Among other matters consider¬ ed, in that connection, were the following : The purport and application of the rule of uniformity of taxation prescribed by our own Constitution; the variations which it permits in the method of valuation and taxation; the classification of different species of property, and different avocations; the distinction between the taxation of property and of business; the rights of the counties, cities, towns, and smaller taxing bodies to the taxes from tlie property within their limits, and the extent to which those rights might be sub¬ ordinated to the needs or convenience of the State; the doctrine of non-interference with inter-State commerce; the situs of personalty, especially credits and shares of stock; and the conditions imposed by Congress upon the right of the State to tax the shares of stock of national banks. In this connection we made patient and careful inquiry as to what were considered the defects of the existing revenue II law. That we might be fully informed of all causes of complaint, we invited members of the legislature who had made revenue matters a special study, county officers who had a long experience with the practical workings of the law, and persons who might perhaps be called specialists or experts in revenue affairs, to give the Commission the benefit of their experience and criticisms. From the suggestions and complaints so made, from our own experience and observation as citizens, and from our official delibera¬ tions, we deduce the following as the principal defects in the operation of the present revenue system, to-wit: First —The gross inequality in the assessments of different pieces of property of the same kind, owned by different individuals in the same community, and of different kinds of property, regardless of ownership ; as for instance, real estate and personalty—a large propor¬ tion of the personalty escaping all taxes. Secondly —The arbitrary and unjust operation upon individual assessments of the system of equalization between counties by the State board. Thirdly —The low rate of assessments. Fourthly —high rate of taxation permitted by law. Fifthly —The inadequacy of existing methods to discover and esti¬ mate, valuable interests which have grown out of the inventions and refinements of modern commerce. Sixthly —The want of a central and efficient supervision of the administration of the revenue laws throughout the State. The evils embraced under the first heading are great and wide¬ spread. They fall under every man’s observation, and are in every one’s mouth. It is the theory of the law, that the burden of taxa¬ tion shall rest equally upon the citizens and taxpayers of the common¬ wealth in proportion to their property. In conformity to that just principle most men would cheerfully pay their share of the expenses of a good government, even though they should be heavy, and none would have cause to murmur. But the practice is widely different from the theory. The realty of one man is assessed at one-third, one- half, two-thirds, or even the full measure of its actual value; while that of his neighbor is assessed at one-sixth, one-tenth, one-twentieth, or as was shown in one instance of considerable magnitude, one twenty-fifLh of its actual value. The owner of the one pays, as his p in annual tax, five or six per centum of the whole capital invested, while the owner of the other pays one-fourth, or one-fifth of one per cent. Such distinctions are too invidious to be meekly borne. The discriminations in favor of personal property, and against realty, are glaring and unjust, amounting, in some species of the former class, to an almost total escape from taxation. For instance, for the year 1884, in Cook county, containing the great and wealthy city of Chicago, the total valuation of Credits of bank, banker, broker, etc., was. $98,615 Credits of other than bank, banker, etc. 209,463 Bonds and stocks. . 75,830 Shares of capital stock of corporations not of this State. 100 The second objection to the operation of the present law is a very grave one, and was uttered and reiterated by nearly every one who appeared before us. For the same year, the valuation of credits, other than those of bank, banker, etc., in the following counties, stood thus, to-wit: Cook. DeKalb.... Kane. McHenry .. Winnebago, Og)e. Stephenson Henry_ La Salle .., Knox. Pike.. Morgan_ McLean ... Coles. $209,446 377,228 348,918 400,881 725,218 432,866 239,758 233,987 632,681 793,819 344,083 461,780 591,5-6 250,209 In this important element of wealth, always disproportionately aug¬ mented in large cities, as compared by population, small rural counties surpass metropolitan Cook, and some of them three or four fold. Equalization would seem plainly necessary. But how does it work under the present system ? The State board deals with the aggregate assessment of lands, lots, and personal property—three classes—and adds to, or subtracts from each class, a fixed and arbitrary percent¬ age ; thus raising or lowering all property in each class in equal pro¬ portion. Thus upon pieces of property already assessed at a large fraction of their value, frequently an increase of valuation is made, which carries them above their market value. IV By way of illustration we cite one instance in Cook county, as fol¬ lows : A block of real estate worth one hundred thousand dollars was as- ■sessed at ninety thousand dollars. The Board of Equalization added .sixty-seven per cent., making the equalized assessment of that property one hundred and fifty thousand and three hundred dollars. If a scrupulous owner of credits in Cook county should return them at their value, he would be ruined by an equalization that would bring the county to its full equalized value, in this particular, with other counties. Similar instances, more or less extreme, occur every year. The third evil in the present system which we note, is the prevalent low rate of assessment. The law requires that all property shall be assessed at its fair cash value. Assessors are sworn so to value it. But they are far from doing it. Eeal estate is generally put down at one-third of its value, frequently much less; and personal property at a yet smaller fraction. If there were uniformity in the reduction, perhaps but little harm would be done; but there is not. The assessor having forsaken the standard of the law, is without guide or restraint, except his own varying judgment, and subject to the pressure of im¬ portunate tax-payers, who pull steadily downward. The desire of each locality to avoid the payment of any undue proportion of the State tax would of itself be sufficient to explain this tendency to low assess¬ ments, and the tendency is intensified by the impression everywhere prevalent, that low assessments stand for a low rate of taxation; and vice versa, that full assessments will increase the amount of taxes to be paid. The study of the problem convinced the Commission that the lia¬ bility to inequitable assessments is greatly increased by this system of undervaluation. Inequalities that would be so suggestive as to be almost self cor¬ rective as between full values, escape notice when a fractional value obtains, and the low price at which the property is rated virtually acts as an estoppel of complaint on the part of the property owner, even though his property is rated higher than that of his neighbor. He cannot complain that his property is rated too high per se, and it seems ungenerous and unneighborly to complain that, in proportion, his friends and neighbors are rated too low. It did not seem possible to suggest any remedy for this system of undervaluation, unless some method of divorcing the collection of the State and local revenues could be devised. y Without such a divorcement, no provision- of the law, however stringent, and no penalties which would be possible or desirable as sanctions of the law, would produce the desired result. Hence this separation of the State and local taxes became a fundamental propo¬ sition with the Commission, and the revenue system herewith submitted for consideration is constructed on that theory. Fourthly —The high rate of taxation permitted by our laws, the sub¬ ject of so much criticism abroad and discouragement at home, are necessarily superinduced by low, uncertain valuations. Valuations should be sufficiently stable and reliable to determine with approxi¬ mate certainty, in advance, wffiat a given rate of taxation will produce. Without attempting to thoroughly analyze the acts authorizing tax¬ ation, we will call attention to the more general rates, exclusive of State, park, library, and some other purposes. There may now be levied, for— County purposes, on the one hundred dollars.$ 75 School purposes, on the one hundred dollars. 5 00 Koad and Bridge purposes, on the one hundred dollars 2 00 City and Village purposes, on the one hundred dollars. 2 00 These rates may, in some instances, be increased by a vote of the municipality to be affected. But without any such increase, consider the case of a citizen who resides in a country school district. He is liable to be compelled to pay in taxes for county, school, road and bridge purposes alone, seven dollars and seventy-five cents on every; hundred dollars of his assessment. Add the State tax, usually about* thirty-five cents on the hundred dollars, and without regard to what' may be lawfully demanded for the payment of old municipal indebted¬ ness, or imposed by a special vote, he may be taxed over eight per cent, of the value of his property. The resident of the city is in greater peril. The fifth objection raises a topic of more than ordinary difficulty. There are vast aggregations of capital employed in business enter, prises of such nature that their value is hard to measure by the methods applicable to other kinds of property. Several hundred million dollars are invested in railroads in this State, represented by incorporated companies. Such corporate property can not be esti-' mated'in like manner as the acres of a farm, a herd of cattle, or a' stock of goods. Much of its value is intangible, consisting in the exercise of special franchises. Our present system endeavors to' separate the tangible property of the corporation from the intangible, VI and commits the assessment of one in part to the local assessor, the remainder of that part and the whole of the other to the State Board of Equalization, and compels the State board to consider them dis¬ severed. The separation can not be rationally made. The two elements of value belong together. If torn apart the township assessor deals with a dead body, and the State board with a departed spirit. Considering the difficulties of the situation, they are both to be congratulated upon the success of their efforts. A railroad company should be treated for taxation as a whole, as far at least as State limits will permit; and it should be estimated in some method consistent with its nature and the extent and complexity of its affairs. So with telegraph, telephone, express and insurance companies, all of which are peculiar and not well gauged by the existing method of valuation. The last of the more important deficiencies of the present system to which we desire to call your attention is the want of some com¬ petent body, having a general oversight of the whole business of the assessment and collection of the revenue throughout the State. Pioundly speaking, thirty millions of dollars are collected each year from the people of this State for taxes. We are impressed with the belief that a business of such extent and importance should be in all the details of its transaction subject to a vigilant supervision and efficient control. There is now no provision for such want. How to correct these evils was the problem which we sought to solve. We began with the county assessor. We recommend: That the office of township assessor be abolished and a county assessor substituted therefor; that such county asses¬ sors be elected at the regular fall elections for the period of four years, and be ineligible to re-election; that tliey be provided with offices at the county seat, and accessible there throughout the year; that they shall, with the approval of the county board, appoint their deputies through¬ out the county, and be responsible for them; that they shall begin the work of assessment on the 1st day of January, instead of May, and that they shall receive pay commensurate with the importance of their duties, and sufficient to command the services of competent and reliable men, and we require of the assessor an oath that he has not valued property at other than its cash value, and that he has not know¬ ingly omitted any property from assessment; and adequate penalties are provided for breach of duty in these particulars. We provide them with better instrumentalities for ascertaining the VII value of property. To that end we recommend: The division of the county into small assessment districts; the preparation of a map showing plainly the limits of such districts; and of detailed plats of such districts, containing each piece of property; that the assessment of each tract be marked on its face in such plat; and that such maps, plats and assessments be kept in the assessor’s office, at all times exposed to public view, and open to the convenient inspection of the tax-payers—a simple, intelligible picture of his own assessment and that of his neighbors. It will be easily practicable for the most ignorant or unsophisticated tax-payer to ascertain what valuation has been placed upon his property, and to see how that valuation corresponds with the values placed upon contiguous property, while efficient and adequate means have been provided to correct any injustice that may arise, either from the prejudice or erronous judgment of the assessing officer. With respect to the assessment of corporations local in their char¬ acter, whilst committing all alike to the county assessor, we have varied the rules for their assessment, according to class. It has hitherto been the policy of this State to tax corporations formed for purely manufacturing, agricultural or publishing purposes, on the same basis, and in the same manner, that individuals are taxed. This Commission is convinced that this method is both politic and just. In the revenue system herewith proposed, the application of what is known as the capital stock tax is limited to corporations of a quasi public character. In many instances the franchises granted by the public to a corporation have a value far beyond the intrinsic worth of the tangi¬ ble property which the corporation may own. The simple right to operate a street railway, a ferry, or the right to lay gas mains, water pipes, or electric lighting machinery, may be of a value which exceeds the value of the property owned by the corporation to which said right is conceded a thousand fold. Such franchises frequently become so valuable as to be eagerly sought for by investors. The Commission has sought to apply such methods of assessment to such corporations as would result in placing an equitable value on their property. The duty of making these assessments has been devolved upon the county assessor, instead of upon the State Board of Tax Commissioners, for the reason that the local officer has far greater facilities for ascer¬ taining accurately the just assessment to be placed upon such local organizations than could be obtained by any State board, under any system of making reports tliat might be devised. It is believed that this change will be found to be in the interest of justice and efficiency. YIII We have so changed the law in regard to the assessment of capital employed in banking, other than in National banks, as we believe will result in the more equitable taxation of their capital, and have har¬ monized the taxation of National bank shares to correspond with that on other moneyed capital. In regard to the assessment of personal property by individuals, be¬ lieving the requirement of an oath to a schedule as generally in¬ effectual in obtaining a disclosure of property, we have omitted such requirement. We believe such requirement to be debauching to the conscience, and subversive of the public morals—a school for perjury, promoted by law. With the unscrupulous it imports no additional verity whatever to the schedule, and it is wrong and oppressive to the honest tax-payer that he should be compelled to take upon his con¬ science an obligation which he well understands is disregarded as a rule by others. Such requirement has nowhere been found effective in 'the disclosure of property that the assessor could not have otherwise discovered. We have therefore proposed that the requirement of the oath be done away with, and that there be substituted a substantial penalty for a false schedule. We give the State’s attorney substantial fees for the conviction of the assessor or tax-payer of dishonest assessment or false return. We change the day of valuation from May first to January first, that being ' the beginning of the business year. These changes, together with the great publicity given to the work of the assessor, will, we think, bring about a more general and equitable assessment of personalty. Thus, the county assessor, free from township jealousy, acting for 'the whole county, with a longer term, more time in each year, better equipped for finding and valuing property, better paid, and more con¬ spicuous in the eye of the people, ought to, and we believe will, do his work better than it is now being done by township assessors. We also provide a competent board of review for each county, to meet on the first Monday in July, to sit not less than three nor more than thirty days, and to hear all complaints as to assessments. Our next measure is a radical one, the divorcement of the State revenue from the local taxation. We saw no other way to avoid the evils of the system of equalization, and thought nothing else would do so much to correct the tendency to low assesments. To effect that purpose it was necessary to provide a sufficient State revenue from other sources than the extension of taxes upon all the assessed property within the State. We had under consideration at the same time, special methods of taxation of several great interests, the results of Tvhich we thought were sufficiently calculable to show that they would yield enough for the ordinary purposes of the State govern-- ment. We therefore propose, that the taxon railroads, telegraph, telephone, express and insurance companies be paid directly into the State treasury, and applied only to State purposes, unless there should be a surplus; in which case, provision is made for the distribution thereof among the counties. And if there should be a deficiency, it is provided that contribution may be required of the counties ratably, and ex¬ tended by them on their own assessments. The interests so selected are not local in their character, but extend throughout the State, are interwoven with the traffic of the entire commonwealth, and may justly be appropriated to State use. The annual State budget is something less than three millions of dollars. The income from the Illinois , Central Eailroad is not far from $400,000; from the other railroads • there would be derived, by the mode of taxation which we propose, from $2,300,000 to $2,400,000. The other interests relied upon will yield enough to make up the necessary revenue. Thus the needs of the State will be supplied. No State tax will be extended, except in case of emergency. Whether the assessment of a county is high or low, will be of no importance to citizens of other counties; the work of equalization will be obviated, and the Board of Equalization abolished. And with the removal of the selfish rivalry between counties to bear as small a portion of the burden of State taxes as possible, the tendency to low assessments will, in our opinion, be greatly diminished. Nor will any injustice be done to the counties by withdrawing from them the revenue which they have derived heretofore from those special interests. They will be more than compensated by being re¬ lieved from the State tax. An examination of the reports of the Auditor, and the Eailroad and Warehouse Commissioners, will show what we have just affirmed. We come now, by natural connection, to the consideration of the mode of taxing railroads, and the other classes of business and property made to contribute directly to the State Treasury. As to railroads, we desired to frame a provision for taxing this species of property, which should be upon the face of it manifestly fair and just, both to its owners and to the holders of other property,—a rule of taxation bearing a fixed, definite and equitable relation to the rates levied on other property. X To railroad property, the ordinary rules of valuation have little application. The true criterion of their value and the best basis for their taxation are found in their receipts. In Michigan, Minnesota, Wisconsin, Pennsylvania, and other States ivhere railroads are taxed upon their receipts, and in this State in the ■* • case of the Illinois Central Railroad, the measure of taxation is the gross receipts. Gross receipts are taken in preference to net receipts for greater certainty, and because it is found from the reports of the railroad companies that relative proportions of gross to net receipts vary in different roads, and in different years, within narrow limits. After a careful study of railroad statistics, especially of those apper¬ taining to our own State, as given in the reports of the Railroad and Warehouse Commissioners, and much attention and thought given to the subject of the average proportion between the gross receipts, the ■expenditures and the capitalized value of railroads, we deduce this conclusion: That a rate of taxation equal to the average rate throughout the State imposed upon five times the amount of the gross receipts of an Illinois road, or upon the Rlinois portion of the gross receipts of an inter-State road, would be just and more flexible than the arbitrary percentage, provided, however, that such rate of taxation should not exceed five per centum of such gross receipts. We have proposed that method. It is simple; bears lighter than the present mode on the weak roads, and heavier on the prosperous ones, and takes the assessment of that great property out of the range of caprice or corruption. The mode of thus assessing railroad property may be furtherdllustrated and commended by the considerations following: The railroad companies return the amount of their gross receipts for Illinois business at fifty-six million dollars; multiplying this amount by five gives two hundred and eighty million as the fair taxable value of all the roads in the State. On this sum the net earnings, returned at twenty million, amounts to seven per cent. The proposition of the Commission, then, amounts to this—seven dollars of net earnings shall be considered the equivalent of one hundred dollars capital. Seven per cent, is very near the average return for money loaned in this State. It is something less than the average income from investment in bank shares; something more than is realized by investments in favorite securities, yielding regular and prompt returns, with little danger of depreciation. It should be taken into consideration that there is a constant tendency in railroad business to a decrease in net earnings as compared with gross receipts, and it is but fair to the railroad com- XI panies to take into account the fact that in taxing their earnings you reach all their property, while in assessment of individuals a portion of the property will always remain undisclosed. All things considered, the estimate so put upon railroad property seems high enough to compare with other property assessed on a basis of full cash value. The rule adopted for estimating the share belonging to Illinois of business on railroads running into other States, by dividing the whol'j business of such a road by the total number of miles of its track, can not be said to be a perfect rule, but it has the merit of certainty in its application, and while a few roads will gain some advantage under this rule, no variation from strict justice will seem to result. # Any attempt to carefully discriminate between the business done in this State, and on other parts of the line, involves a great amount of intricate bookkeeping, and much still to be left to approximate esti¬ mate, and great opportunity for manipulation. It may be said that though the rules of valuation proposed may be justified, applied to the whole railroad system of the State, it may operate unequally as to the different companies. While this is to some extent true, a careful examination will show a more equitable distribution of the railroad tax among the companies under this system than has ever been reached in this State before. Having determined the rule of comparison between gross receipts and assessed values, the rules for fixing the rates of taxation on rail¬ road valuations are next to be determined. The railroads run through, and they are supported by the business of every portion of the State,, and no fairer rate can be adopted than the average rate of taxation throughout the State, and this the Com¬ mission propose to obtain by adding together all the taxes levied in the State, and dividing the amoant of the tax by the total assessed value of all the property in the State. This rule will be fair and just, if all the property in the State is assessed, as the law requires, at its full cash value. But if in any portion of the State the assessment shall fall below the full value, the average nominal rate of taxation will be increased in the same propor¬ tion that the valuation is decreased, and the railroads will be held to the same rate on full valuation that other property pays on a partial valuation. To afford the railroads some protection from such injustice, the Commission propose that in no case shall the tax exceed five per ::ii cent, of gross earnings, and that rate of limitation is based on the belief that the average rate of taxation on all the property in this State can never reach one per cent, with a fair assessment; that if such a rate is ever reached it will be conclusive evidence of undervaluation. It can be safely said, that under the rules proposed, by no possi¬ bility can the railroads escape the payment of their full proportion of taxes. The railroad companies may have some cause of complaint of over taxation, but the limit which their taxation can reach is fixed, and the danger of excessive taxation is to them perhaps less than under the present law, by which they are placed at the mercy of the State Board of Equalization. The business of telegraph, telephone, express and insurance compa¬ nies, and of public warehousemen of classes “A” and “B,” we would tax as follows: Telegraph—seventy-five cents for every mile of wire owned and operated or controlled in this State for toll or hire. Telephone—two dollars on each instrument. Express—two and one-half per cent, of the gross receipts. Public warehousemen—one-third of one cent for every bushel of capacity of each elevator or granary; and in this connection we rec¬ ommend that public warehousemen of class “B” be required by statute to procure license under such regulations as the legislature may deem best; this is an act of precaution to justify that mode of taxa¬ tion as to the warehousemen of that class. The several taxes which we would so impose would result in a gain to the State, and would, in our judgment, more correctly assign the proportion of the public burden which those companies should bear. Having done thus much to swell the revenue and induce higher assessments, it was incumbent upon us to provide protection to the tax-payers from the rapacity of unprincipled tax consumers. We therefore recommend that taxation be limited, so as not to ex¬ ceed on the one hundred dollars, as follows: For county purposes, other than road and bridge.. .$0.25 For city, incorporation, town and village purposes, except school. 0.50 For educational purposes. 0.50 For school buildings. 0.75 For roads and bridges, for ordinary purposes. 0.20 XIII For all other purposes, one-third the present rates; and all park purposes, one-fourth the present rates. And that the power of munici¬ palities to incur indebtedness be limited to two per cent, of the as¬ sessed valuation, instead of five, as now. Although these rates seem low, they are high enough, if property is assessed at its fair cash value, and will aid in bringing about such as¬ sessments. As both the constitutional and statutory limitations upon rates of taxation now existing have been based upon the recognized low valua¬ tions which have hitherto prevailed, it is manifest that if valuations are raised, the rates should be correspondingly reduced, and certainly no provision should be allowed to go into force, looking to the enforce¬ ment of higher valuations by assessors, unless accompanied by equally explicit provisions making corresponding reductions in the rates of taxation. We have been forced to the conclusion, that in no way eould the disproportion of taxation now borne by real estate be re¬ lieved against so effectually as by the adoption of a full valuation, and in connection therewith, correspondingly low rates to be rigidly adhered to. The cash value being the utmost limit to which the as¬ sessor could assess real estate, low rates would compel the discovery and assessment of large amounts of personal property which have hitherto either wholly escaped taxation, or which have been but lightly assessed in comparison with real estate. Hence the provisions of the law now proposed, throughout are based upon and contemplate the valuation of property, according to law, at its fair cash value. We come now to the provision which we have made for supervision and control of the revenue. We recommend the appointment, by the Governor, of a State Board of Tax Commissioners, to consist of six persons, not more than three from any one political party, and the Auditor of State as an ex-ojjiclo member. Their duties, briefly stated, shall be: To prescribe forms for the use of assessors. To construe the revenue law for revenue officers, and to instruct them in relation to their duties. To see that assessments are made according to law. To see that taxable shares of stock are assessed. To see that taxes are collected. To enforce penalties and fines. To estimate, when necessary, the amounts required of the several counties to meet appropriations of the General Assembly, and certify the same to the counties. XIV To examine all books made subject to inspection. To see that each county is visited as often as once in two years, by at least one member of the board, to the end that the operations of the law, and the officers may be noted, and penalties enforced. To report to each General Assembly, and make such recommenda¬ tions as they may deem best. That they be paid twenty-five hundred dollars a year each, and their necessary traveling expenses. They are also made a board of review, to whom appeals may be taken from any county board of review. In order that the importance of their functions may be fully under¬ stood, we will call attention to the fact, that we have mide the books of all those corporations which pay taxes into the State Treasury liable to inspection, and we have required that they shall be kept accessible. The State wnll have a deep interest in the correctness of those books, and must depend on the Tax Commissioners to protect it. The suc¬ cessful operation of the whole scheme that we have devised depends largely upon the existence and efficiency of such a board. The machinery needs the engineer. We cannot too earnestly impress this upon you. TWO OR THREE OTHER POINTS IN THE LAW. We have guarded, as far« as possible, against the concealment of property by its transportation into non-taxable government securities, by requiring that such securities shall be specifically listed. And we have provided a system of thorough inquiry into the value of the stock of quasi public corporations, such as sleeping car, horse car and dummy railroad, gas, electric light, water and other compa¬ nies serving the public, and adequate assessment. Finally, the measures to which we are calling special attention, and • others here omitted, have been carefully considered in the light of their relations to each other, and to the law as a whole. We have endeavored to build up a systematic revenue scheme, based upon certain general principles and consistent within itself. We advise the divorcement of the State revenue from the local assess¬ ment, but we would not do so, unless we had propose-d the sources from ' which an adequate revenue could be derived, and the method of obtaining it. We enlarge and exalt the office of the assessor, but we provide at the same time for a more thorough review, and a more critical supervision of his work. XV We seek to raise the assessments; but we would not dare to do that unless we prescribe lower rates of taxation. The value of one proposition depends on the presence of the other. We therefore respectfully ask the legislators, who shall pass upon, our work, to give due consideration to the effect that the amendment or rejection of any part of the act would have upon the remainder. So far as practicable, the machinery of the existing laws has been retained, and it has been a matter of careful study to make the change •from the existing to the proposed forms with the least possible friction or jar. The Commission found but little to change on the collection side of the existing law; but where changes have been made, they be¬ lieve they will be found in the public interest, and tend to their greater perfection. Believing the exactions now required for the redemption of real estate sold for taxes and assessments to be exorbitant, and un¬ necessary to secure bidders for property under such sales, we havo modified the same to a more equitable basis. We have not thought it wise to recommend measures involving a change in the organic law of the State. The requisite preliminaries to the adoption of such recommendations, even if the recommenda¬ tions themselves met with favor on the part of the Legislature, are . subject to such contingencies, and involve so much time before they could possibly become effective, that we have felt unwilling to propose any plan that could only become operative by the adoption of a con¬ stitutional amendment. It may be true that better theories of taxa¬ tion have been promulgated than those recognized and permitted by our Constitution, but we cannot believe that, as yet, public sentiment is so far united in regard to them as to render their adoption certain, or even probable, at present. And now having finished our work, conscious that in the nature of things it cannot be perfect, but with the fuU assurance that we have faithfully discharged our duties to the best of our abilities, and with confidence in the substantial value of the result, we respectfully sub¬ mit this report and the accompanying Eevenue Code to you. On behalf of the Commission. MILTON HAY, Chainnaa. /■ .*i .T;*"- .. -V- W? ■'^^#1', .’*1^ A • '' ‘ • •■ '-■'a ■ ■■►■'“ •rv:i-o *.j. ■•* 7-'^ .j^' *1 ' ' **i/ ’ k V’ - ■ i--‘ WMfe‘ .;^fet;-'^ ,. . ggj ’’ .i •'^-1. •’» -<•. ' *^ ■ “■ - A'V' .*4l ' ’ ■'"•i ' ” • • . ,w .t’', '' HP :•• , .--.'51' i'i-. ■.-• >'fi rjiV • >■■ yai=» >• V ’■ ' • -‘V^’ ::m :.- •' '‘t ■ V V ■• ■ , i ' ^ 4 rf! . A * ' *iPt» ‘m' .:..<|piat. j.,' i. ' i‘»B£: -y- ' .M rf '*Tr*l ■ . »j: ■ ■ V * • r -v . . ..■•‘-%0>:v- L\- '^■.#-'' -^•’‘>t V ' ^-s;Vr'' ^ -»•■ 1 hI^« Ji .'»i , 7 V NOTE. The Committee appointed by the Governor, under the joint resolu¬ tion of the General Assembly, referred to, consisted of Horatio C. Burchard, of Stephenson County; Andrew D. Duff, of Jackson County; W. Selden Gale, of Knox County; E. B. Green, of Wabash County; Charles D. Waller, of Cook County; Charles A. Ewing, of Macon County; Wm. C. Wilson, of Crawford County; Frank P. Cracdon, of Cook County; Charles W. Thomas, of St. Clair County; Benjamin Warren, Sr*., of Hancock County; Geo. Trumbull, of Cook County ; Milton Hay, of Sangamon County. Near the conclusion of the deliberations of the Committee, the duty of preparing an address explanatory of its work was devolved upon a sub-committee consisting of Messrs. Thomas, Ewing and Crandon. The members of this sub-committee, as also Mr. Gale, submitted to the chairman, in writing, their several suggestions as to the matter of the address. The address is mainly a compilation of the suggestions thus made in the language of the several contributors. MILTON HAY, Chairman. The Revenue Committee, appointed in pursuance of a Joint Resolution of the 34th General Assembly, beg to report the following; Bill for An Act in Relation to the Pablic Revenue, WHAT PROPERTY IS TAXED. Section 1. All property in this State, real and personal, tangible and intangible, not hereinafter specifically exempted from taxation, shall be taxed. Sec. 2. All property described in this section, to the extent here¬ in limited, shall be exempt from taxation, that is to say— First —All lands donated by the United States for school purposes, not sold or leased. All public school houses. All property of institutions of learning, including the real estate on which the institutions are located, not leased by such institutions or otherwise used with a view to profit. Second —All property, including a church site of reasonable size, owned by a church, religious congregation, or religious corporation, and exclusively used for public worship. '1 hird —All lands used exclusively as graveyards or grounds for burying the dead. Fourth —All unentered government lands; all public buildings or structures of whatsoever kind, and the contents thereof, and the land on which the same are located, belonging to the United States. Fifth—All property of every kind belonging to the State of Illinois. Sixth —All property belonging to any county, town, village or city, used exclusively for the maintenance of the poor. All swamp or overflowed lands belonging to any county, so long as the samm remain unsold by such county. All public builuings belonging to any counly, township, city or incorporated town, with the ground on which such buildings are erected, not exceeding in any case ten acres. Seventh—AW property of institutions of purely public charity, when actually and exclusively used for such charitable purposes, not leased nor otherwise used with a view to profit; an all free public lil)raries. Eighth —All fire engines and other implements used for the extinguishment of fires, with the building used exclusively for the safe keeping thereof, and the lot of reasonable size on which the building is located, when belonging to any city, village or town. Ninth —All market houses, public squares or other public grounds used exclusively for public purposes. All works, machinery and fixtu res belonging exclusively to any town, city or village, and used exclusively for conveying water to such town, city or village. Tenth —All property which may be used exclusively by societies for agricultural and horticultural purposes, and not for pecuniary profit. Eleventh —All crops grown upon land taxed in this State, while in the hands of and owned by the person who has paid or is liable to pay the land tax for the year the crops are harvested. 2 THE ASSESSOR. Sec. 3. There shall be elected on the first Tuesday after the first Monday of November, A. D. 1888, and every four years thereafter, in each county in this State, one county assessor, who shall value for taxation all the property in the county required by law to be so valued: Provided, that m the month of September, A. D. 1887, the county board of each county shall appoint a county assessor, who shall hold his office until his successor shall be e'ected and qualified as herein provided: Provided, that no county assessor shall be eligible for re-election until four years after the expiration of the term for which he shall have been elected. Sec. 4. The person so elected or appointed assessor shall, on or before the first Monday in December alter his election or appoint¬ ment, file a bond with the county clerk, in a penal sum, to be fixed by the county board, of not less than five thousand dollars, with two or more responsible securities to be approved by the county board, which bond shall be made payable to the people of the State of Illinois, and conditioned for the faithful discharge of all his duties as assessor of the county, and especially that he will in no case willfully or knowingly omit from assessment, or assess and value for taxation, any of the taxable property in said county, real or personal, other than at its true and fair cash value, but will well and truly assess and value all such property at its true and fair cash value; which bond when approved shall at once be recorded by the county clerk in a book to be kept in his office for that purpose, and also by the'recorder in his office. Said bond when recorded shall be¬ come a lien from its date upon all real estate of the assessor, for all fines, penalties and judgments which may at any time be recovered against the assessor for a failure to discharge the duties of his office; such lien shall, in all respects, have the same effect as to the rights of creditors, purchasers and subsequent encumbrancers, as judgment liens now have under the laws of this State. Sec. 5. If any assessor shall fail to comply with the conditions of his bond, suit may at once be instituted against him and his securities by order of the State Board of Tax Commissioners and not otherwise; which suit shall be brought in the circuit court of the county in which he was elected or appointed assessor, for the use of such county. Sec. 6. Each assessor in this State shall, before he enters upon the duties of his office, take and subscribe the following oath of office: I do solemnly swear (or affirm, as the case may be,) that I will support the Constihition of the United State>^, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of assessor of the county of.according to the best of my ability. Which oath shall be taken and subscribed before the county clerk; shall be written on the assessor’s bond and recorded with the same. If any assessor, elected or appoicted under this act, shall neglect and refuse to file his bond, and take the oath as herein prescribed, by the first Monday in December after his election, the said office shall be deemed vacant, and the county board shall, within ten days thereafter, appoint some other person assessor of the county, who shall, within ten days after his appointment, filo 3 the bond and take the oath as prescribed in this act, and the said board may at any time, when the office of assessor has become vacant by death, resignation or removal, appoint a competent per¬ son to fill the vacancy, who shall, within such time as the county board may direct, file the bond and take the oath already men¬ tioned in this act. The person so appointed shall hold said office until his successor is elected and qualified. Sec. 7. If any assessor shall fail to take the oath required by this act, his office shall become vacant; and in such case, or in case the office of assessor is vacant for any cause, the’county board shall fill the vacancy by the appointment of some suitable person, who shall qualify and discharge the duties of assessor till the office is otherwise filled as required by law. Sec- 8. The assessor shall, within twenty days after he shall have been elected and qualified, file in the office of the county clerk a list of the names and places of residence of such deputies as he may deem necessary for the proper performance of the duties of his office. A copy of such list shall be posted by said clerk in a con¬ spicuous place in his office, and published for one week in some newspaper of general circulation in the county. The county board shall meet on the first Monday after the first day of January next ensuing after such list shall have been filed, to consider such nom¬ inations, and shall approve such of them as they may deem suitable and necessary. If the county board shall not approve a sufficient number of such nominees to meet the requirements of the office, others shall be nominated by the assessor forthwith, or within such time as the board may direct, subject to the approval of the board. And if, at any time thereafter, the assessor may deem it necessary to have additional deputies, he may nominate them and file a list of their names and residences immediately with the clerk aforesaid, for the approval of the board at its next meeting. But if the board is not in session when such list of additional deputies is filed, such additional list shall be submitted by the clerk to the county treasurer; and if he and the county clerk approve such nominees, or any of them, they shall so certify, and the additional deputies so approved may act as such until otherwise ordered by the county board. The clerk shall notify the chairman of the board at once of the filing of such additional list. The assessor shall have entire control of such deputies and allot their work. Sec. 9. The compensation of assessors, which shall not be less than five dollars per day, and the pay of deputy assessors, shall be determined by the county board at the September term preceding the election of the assessors. Deputy assessors shall make out their ac¬ counts in detail, giving the date of each day upon which they shall have been employed, which account they shall verify under oath. Such accounts shall be approved, qualified or disapproved by the ass-essor, and such deputies shall be paid only for such days as the board shall be satisfied they shall have been actually employed. THE ASSESSMENT. PERSONAL PROPERTY. Sec. 10. The assessor or his deputy shall also, between the first dj,y of January and July, proceed to take a list of the taxiil)le personal property in his county, and assess the value • thereof in 4 the manner following, to-wit: He shall call at the office, place of doing business, or residence of each person required by this act to list property, and list his name, and shall require such person to make a correct statement of his taxal)le property in accordance with the provisions of section 32 of this act: Provided, if any property is listed or assessed on or after the first day of July, and before the return of the assessor’s books, the same shall be as legal and binding as if listed and assessed before that time. Sec. 11. If any person required by this act to list property shall be sick or absent when the as.^essor calls for a list of his property, the assessor shall leave at the office or usual place of residence or business of such person a "wiitten or printed notice, requiring such person to make out and leave at the place named by said assessor, on or before some convenient day named therein, the statement or schedule required by this act. The date of leaving such notice and the name of the person required to list the property shall be care¬ fully noted by the assessor in a book to be kept for that purpose. WHi£N AND WHERE LISTED. Sec. 12. Personal property shall be listed between the first day of January and the first day of July of each year, when required by the assessor, with reference to the quantity held or owned on the first day of January in the year for which the property is required to be listed. Personal property purchased or acquired on the first day of January, shall be listed by or for the person purchasing or acquiring it. Sec 13. Personal property, except such as is required in this act to be listed and assessed otherwise, shall be listed and assessed in the county, town, city, village or district where the owner resides, but if the owner is a non-resident, it shall be listed where the pro¬ perty is or shall be found. The stock of corporations and franchises of corporations and persons, except as may be otherwise provided, shall be listed and taxed in the county, town, district, city or village where the principal office or place of business of such corporation or person is located-in this State. If there be no principal office or'place of business in this State, then at the place in this State where any such corporation or person transacts business. Sec. 14. When the owner of live stock or other personal property connected wuth a farm does not reside thereon, the same shall be listed and assessed in the towui or district where the farm is situated: Provided, if the farm is situated in several towms or districts, it shall be listed and assessed in the town or district in which the principal place of business on such farm shall be. Sec. 15. The property of manufacturers and others, in the hands of agents, shall be listed and assessed at the place wffiere the busi¬ ness of such agent is carried on. Sec. 16. When real estate is exempt in the hands of the holder of the fee, and the same is contracted to be sold, the amount paid thereon by the purchaser, wuth the enhanced value of the invest¬ ment and improvements thereon until the fee is conveyed, shall be held to be personal property, and listed and assessed as such, in the place wffiere the land is situated. o Sec. 17. When real estate, which is exempt from taxation, is leased to another, whose property is not exempt, and the leasing of which does not make the real estate taxable, the leasehold estate and the appurtenances shall be listed as the property of the lessee thereof, or his assignee, as personal property. Sec. 18. Personal property in transitu shall be listed and assessed in the county, town, city or district where the owner resides: Pro¬ vided, if it is intended for a business, it shall be listed and assessed at the place where the property of such business is required to be listed. Sec. 19. The stock of nurseries, growing or otherwise, in the hands of nurserymen, shall be listed and assessed as merchandise. Sec. 20. The personal property of banks or bankers, brokers, stock-jobbers, insurance companies, hotels, livery stables, saloons, eating houses, merchants and manufacturers, mining companies, and companies not especially provided for in this act, shall be listed and assessed in the county, town, city, village or district where their business is carried on, except such property as shall be liable to assessment elsewhere, in the hands of agents. All persons, companies and corporations in this State, owning steamboats, sail¬ ing vessels, wharf boats, barges and other water craft, shall be re¬ quired to list the same for assessment and taxation in the county, town, city, village or district in which the same may belong or be enrolled, registered or licensed, or kept when not enrolled, registered or licensed. Sec. 21. The personal property of gas and coke companies, except the pipes laid down, shall be listed and assessed in the town, village, district or city where the principal works are located. Gas mains and pipes laid in roads, streets or alleys, shall be held to be per¬ sonal property, and listed and assessed as such in the town, district, village or city where the same are laid. Sec. 22. The personal property of street railroad, ferry, dummy railroad, sleeping car, drawing-room car, steam-heating, tranefer electric light, water, stock-yard, plank road, gravel road, turnpike and bridge companies, shall be listed and assessed in the county, town, district, village or city where the principal place of business is located. The track, road or bridge shall be held to be personal property, and listed and assessed as such in the town, district, village or city where the same is located or laid. Sec. 23. The horses, stages and other personal property of stage companies or persons operating stage lines, shall be listed and assessed in the county, town, city or district where they are usually kept. Sec. 24. The personal property of express or transportation com¬ panies shall be listed and assessed in the county, town, district, village or city where the same is usually kept. Sec. 25. No consignee shall be required to list, for taxation, the value of any property consigned to him for the sole purpose of being stored or forwarded, except to the extent of his interest in such property. * Sec. 26. Persons required to list property on behalf of others, shall list it in the same place in which they are required to list their own; but they shall list it separately from their own, specify¬ ing in each case the name of the person, estate, company or cor¬ poration to whom it belongs. Sec. 27. Persons, for themselves or others, holding bonds or stocks of any kind, the principal of which bonds or stocks has been or may hereafter be exempt from taxation, shall list the amount of accrued interest on such bonds, without regard to the time when the same is to be paid. Sec. 28. Where a deed for real estate is held for the payment of a sum of money, such sum, so secured, shall be held to be personal property, and shall be listed and assessed as credits. Sec. 29. The owner of personal property removing from one county, town, city, village or district to another, between the first day of January and the first day of July, shall be assessed in either in which he is first called upon by the assessor. The owner of personal property moving into this State, from another State, be¬ tween the first day of January and the first day of July, shall list the property owned by him on the first day of January of such year, in the county, town, city, village or district in which he resides : Provided, if such person has been assessed, and can make it appear to the assessor that he is held for tax of current year on the prop¬ erty, in another State, county, town, city or district, he shall not be again assessed for said year. Sec. 30. In all questions that may arise under this act as to the proper place to list personal property, or when the same cannot be listed as stated in this act, if between several places in the same county, the place for listing and assessing shall be determined and fixed by the board of review; and when between different counties or places in different counties, by the State Board of Tax Comm-s- sioners, and when fixed in either case, shall be as binding as if fixed by this act. HOW LISTED. Sec. 31. Personal property shall be listed in the manner following: First —Every person of full age and sound mind, being a resident of this State, shall list all his moneys, credits, bonds or stocks, shares of stock of joint stock or other companies (when the capital stock or franchises of such company are not'assessed in this State), moneys loaned or invested, annuities, franchises, royalties, and other personal property. Second —He shall also list all moneys and other personal property invested, loaned or otherwise controlled by him as the agent or attorney, or on account of any other person or persons, company or corporation whatsoever, and all moneys deposited, subject to his order, check or draft, and credits due from or owing by any per¬ son or persons, body corporate or politic. Third —The property of a minor child shall be listed by his guardian ; if he have no guardian, then by the father if living; if not, by the mother if living; and if neither father nor mother be living, by the person having such property in charge. 7 Fourth —The property of an idiot or lunatic, by his conservator; or if he has no conservator, by the person having charge of such property. Fifth —The property of a person for whose benefit it is held in trust, by the trustee; of the estate of a deceased person, by the executor or administrator. Sixth—HhQ property of corporations whose assets are in the hands of receivers, by such receivers. Seventh —The property of a corporation, by the president, or author¬ ized agent or officer thereof. Eighth —The property of a firm or company, by a partner or agent thereof. Ninth —The property of manufacturers and others in the hands of an agent, by and in the name of such agent, as merchandise. Sec. 32. Persons required to list personal property shall make out, and deliver to the assessor at the time required, a schedule of the numbers, amounts, quantity and quality of all personal property in their possession or under their control, required to be listed by them. And it shall be the duty of the assessor to determine and fix the fair cash value of all items of personal property on hand on the first day of January. And if any person shall neglect or refuse to make such schedule when requested, the assessor shall list his or her property according to his best judgment and informa¬ tion. Any person being so requested to list personal property who shall neglect or refuse so to do, or shall wilfully make a false or incomplete list, shall be deemed guilty of a misdemeanor, and on conviction thereof shall be fined in any sum not exceeding two hundred dollars. All violations of this section shall be annually reported by the assessor to the county attorney, whose duty it shall be to prosecute the same at once. Sec. 33. It shall not be lawful for any person in this State to make any sale or transfer of peisonal property, or any change in the condition, situs or status thereof, for the purpose of evading taxa¬ tion upon the same or any part thereof; or to aid or abet any other person in so doing; and any person violating the provisions of this section shall be deemed guilty of a misdemeanor, and fined not less than fifty dollars nor more than five hundred dollars ; and in all cases of conviction hereunder the court shall assess, as part of the costs, a fee of not less than §25 for the county attorney. Sec. 34. Said schedule, when completed by the assessor, by extending in a separate column the value of such property, shall truly and distinctly set forth: First —The number of horses of all ages, and the value thereof. Second —The number of cattle of all ages, and the value thereof. Third —The number of mules and asses of all ages, and the value thereof. Fourth —The number of sheep of ail ages, and the value thereof. Fifth —The number of hogs of all ages, and the value thereof. 8 Sixth —Every steani engine, including boilers, and the value thereof. Seventh —Every fire or burglar-proof safe, and the value thereof. Eighth—E yqyj billiard, pigeon-hole, bagatelle or other similar tables, and the value thereof. Ninth —Every carriage and wagon, of whatsoever kind, and the value thereof. Tenth —Every piano forte, and the value thereof. Eleventh —Every melodeon and organ, and the value thereof. Twelfth —Every franchise, the description and the value thereof. Thirteenth —Every annuity and royalty, the description and the value thereof. Fourteenth —Every patent right, the description and the value thereof. Fifteenth —Every steamboat, sailing vessel, wharf-boat, barge or other water craft and the value thereof. Sixteenth —The value of merchandise on hand. Seventeenth —The value of material and manufactured articles on hand. Eighteenth —The value of manufacturers’ tools, implements and machinery (other than boilers and engines, which shall be listed as such.) Nineteenth —The value of agricultural tools, implements and machinery. Twentieth —The library and instruments of every dentist, physi- • cian, lawyer, or other professional man. Twenty-first —The value of gold or silver plate and plated ware. Twenty-second —The value of diamonds and jewelry. Twenty-third —The amount of moneys, other than of bank, banker, broker or stock jobber. Twenty fourth —The amount, description and value of bonds, stocks and credits. Twenty-fifth— amount, description and value of shares of capital stock of companies and associations not incorporated by the laws of this State. Twenty-sixth —The value of property such person is required to list as a pawnbroker. Twenty-seventh —The value of property of companies and corpora¬ tions other than property hereinbefore enumerated. Twenty-eighth —The value of bridge property. Twenty-ninth —The value of property of saloons and eating houses. Thirtieth —The value of household or office furniture and prop¬ erty ; in so doing, specify such articles thereof as exceed in value $50. Thirty first —The value of investments in real estate, and im¬ provements thereon, required to be listed under this act. Thirty-second —The value of all other property except crops grown on land taxed in this State while in the hands of , and owned by the person who has paid, or is liable to pay the land tax for the year tlie crops are harvested. Thirty-third —A statement of the amount of insurance held on. each description of propetry contained in such schedule. Sec. 35. In making up the amount of credits which any person is required to list for himself, or for any other person, company or corporation, he shall be entitled to list and deduct from the gross amount of credits the amount of all bona fide debts owing by such person, company or corporation, to- any other person, company or corporation, for a consideration received; but no acknowle Igment of indebtedness not founded on actual consideration, believed when received to have been adequate, and no such acknowledgment made for the purpose of being so deducted, shall be considered a debt within the meaning of this section; and so much only of any liability, as surety for others, shall be deducted as the person making out the statement believes he is legally and equitably bound and will be compelled to pay, on account of the inability or insolvency of the principal debtor; and if there are other sureties, who are able to contribute, then only so much as the surety in whose behalf the statement is made will be bound to contribute. HOW VALUED. Sec. 36. Personal property shall be valued as follows: First —All personal property, except as herein otherwise directed, shall be valued at its fair cash value. Second —Annuities and royalties shall be valued at their then present total value. BANKS, BANKERS AND BROKERS. Sec. 37. Every bank or company having or exercising any banking powers, organized under any law of this State, and every private or unincorporated bank, banker, broker or stock-jobber, or. foreign cor¬ poration doing the business of a banker, broker or stock-jobber in this State, shall, at the time fixed by this act for listing personal property, make out and furnish the assessor a statement, showing First —The amount of gold and silver coin and bullion on hand or in transitu. Second —The amount of United States notes and gold and silver cer¬ tificates on hands or in transitu. T/ard—The amount of National bank notes on hand or in transitu. Fourth —The amount of funds in the hands of other banks, bankers, brokers or others, subject to draft. Fifth —The amount of checks or other cash items, the amount thereof not being included in either of the preceding items. Sixth —The amount of bills recei-vqabl^, discounted or >puTchasfed, and other credits, due or to become, due,' incliidmg Recounts rec^ivi¬ able, the interest accrued but not due, and interest due and unpaid* 10 Seventh —The amount of United States bonds, with the series and numbers. Eighth —The amount and description of other non-taxable securities. Ninth —The amount of all other bonds and stocks of every kind, and shares of capital stock of companies or corporations not taxed in this State, held as an investment, or in any way representing .assets. Tenth —All other properties appertaining to said business, other than real estate. Eleventh —The amount of all deposits made with them by other parties. Twelfth —The amount of all accounts payable, other than current deposit accounts. The aggregate amount of the first, third, fourth and fifth items in €aid statement shall be listed as moneys. Tlie nmount of the tenth item shall be listed the same as other similar personal property is listed under this act. From the aggregate amount of the sixth item of said statement shall be deducted so much of the aggregate amount of the eleventh and twelfth items as such last named aggregate amount shall exceed the aggregate amount of the second, seventh and eighth items; and the amount of the remainder, if any, shall be listed as credits. The aggregate amount of the ninth item shall be listed as bonds or stocks. Sec. 38. The statement required by section 37 shall be made and •certified as is required by section 46, and if any person required by section 37 or by section 46, to make or certify any such statement, shall make or certify a false statement, or any company required to furnish any such statement shall neglect or refuse to do so, witliin the time and in the manner required by law, he or it shall be deemed guilty of a misdemeanor and fined not less than $100 nor more than $500. PAWNBROKERS. Sec. 39. Every person or company engaged in the business of receiving property in pledge, or as security for money or other thing advanced to the pawner or pledger, shall be held to be a pawn¬ broker, and shall, at the time required by this act, return the value of the property, held by him as a pawnbroker, on hand on the first day of January annually, and taxes shall be charged upon the fair cash value of such property, to such pawnbroker, the same as other property; and any person who shall refuse to make such return, or who shall make a false or incomplete return, shall be deemed guilty of a misdemeanor, and fined not less than twenty- five nor more than two hundred dollars. NATIONAL BANKS. Sec. 40. The stockholders in every national bank located within this State, shall be assessed by the county assessor and taxed on the value of ■difeir sliaxec of stock therein, in the county, town, district, vil- ilage "cr city where such bank or’banking association is located, and not elsewhere, whether such stockholders reside in such place or not. c I c 11 Such shares shall be listed and assessed with regard to the ownership and value thereof, as they existed on the first day of January annually, subject however to the restriction that taxation of such shares shall not be at a greater rate than is assessed upon any other moneyed capital in the hands of individual citizens of this State, in the county, town, district, village or city where such bank is located. The shares of capital stock of national banks not located in this State, held in this State, shall not be required to be listed under the provis¬ ions of this act. Sec. 41. In each national bank there shall be kept, at all times, a full and correct list of names and residences of its stockholders, and of the number of shares held by each; which list shall be subject to the inspection of the officers authorized to assess property for taxation. The cashier of each such bank shall make out and return, between the first and last Mondays of January in each year, to the county assessor of the county in which such bank is located, a statement under oath, exhibiting in detail and.under appropriate heads, the resources and liabilities of such bank at the commencement of business on the first day of said month of January, and the total amount of dividends declared during, and profits remaining undivided at the close of, the previous calendar year, together with a full statement of the names and residences of the stockholders therein, with the number of shares held by each and the par value of each share. From the cashier’s statement, or from other information as to the market value of the shares of the stock of such bank, the county assessor shall ascertain, . in the same manner and upon the same basis as he ascertains the value of moneyed capital in the hands of individual citizens of the State, the total value of all such shares, and from the aggregate value thus found shall deduct the assessed value of the real estate or of any interest therein owned by said bank and included in the statement of its resources. The remainder shall be considered the taxable value of all the shares, and the county assessor shall thereupon assess each stockholder upon his shares of stock, such proportion of such total taxable value as his shares bear to the total number of shares, and shall enter such assessed valuation under a separate heading in the proper assessment book. PUBLIC CORPORATIONS. Sec. 42. The franchises of every bridge company, ferry company, stock-yard company, gravel-road company, plank-road company, turnpike company, street railroad company, dummy railroad com¬ pany, sleeping car company, drawing-room car company, steam-heat¬ ing company, stage company, steamboat company, transportation company, transfer company, gas company, electric light company, water company, and every other company organized or incorporated for the public service, and doing business in this State, except as in this act otherwise provided, shall be assessed and taxed in the county, town, city, village or district where the principal office or place of business of such corporation is located in this State, as follows: Sec. 43. The assessor shall ascertain, from returns made, and from any other sources of information, the actual value of all the shares of stock of every such company, and shall add to the aggregate 12 value of the stock, so ascertained, the actual value of all the indebted-' ness of the company, except that incurred for current expenses, and the sum thus obtained shall be deemed the aggregate value of the en¬ tire property and franchises of such company for the purposes of this act, and the sum by which the said aggregate value exceeds the value of the tangible property of such company shall be the taxable value of its franchises hereunder. Sec. 44. If any portion of the property of any such company is situated without this State, the assessor shall ascertain from a state¬ ment in writing, verified by the oath of some general officer of such company, the place or places where it is assessed, the nature, amount, and the assessed valuation thereof, for taxation, and shall report the same, together with the valuation of such franchise, to the State Board of Tax Commissioners, and said board, from such report, or on such other evidence as it may require, shall make such abatement from the valuation of such franchise, or shall increase the, same as it may deem equitable, and shall report the valuatioji of such franchise, as corrected, to the county clerk of the proper county. Sec. 45. Every such company shall, between the first and last days of January in each year, make and deliver to the county assessor of the county in which such company has its principal office, a state¬ ment, in writing, setting forth: First —The name of the company. Second —The place where its principal office is located. Third —The amount of capital stock authorized. Fourth —The number of shares of such stock. Fifth —The par value of each share. Sixth —The amount of capital stock paid in. Seventh —The amount of the last dividend on each share. Eighth—HhQ date of the last dividend. Ninth —The dividends on each share in the preceding five years. Tenth —The amount of all distributions during the preceding year, of bonds, stocks, or other property of any kind whatever, amongst the stockholders, and the amount or value alloted to each. Eleventh —The amount of cash, if any, paid by the stockholders to the company for any such bonds, stock, or other property. Tivelfth —The amount of distributions during the preceding five years of bonds, stock or other property of any kind whatever, amongst the stockholders, and the amount or value allotted to each. Thirteenth —The amount of cash, if any, paid by the stockholders to the company for any such bonds, stock or other property. Fourteenth —An itemized description of the tangible property of the company, the value thereof and where situated. Fifteenth —The amount of the indebtedness of the company on all accounts. Sixteenth —The amount of such indebtedness incurred for expenses of the last j ear. 13 Seventeenth —The amount of such indebtedness incurred in the pur¬ chase and improvement of property, real or personal. Eigh-eenth —The total gross income of the company for the preced¬ ing year from all sources, separately stating the receipts from earnings, sales of property, and payments on capital stock. Nineteenth —The amount of the surplus of the company accumulated during the last live years. Twentieth —The amount added to or m-ade part of the surplus of the company during the preceding year. Sec. 46. Such statements shall be made in conformity to any in¬ structions and upon such forms as may be given or prescribed by the State Board of Tax Commissioners, and shall be sig led by the presi¬ dent, cashier, secretary or treasurer of the company making the same, and by him certified to be true, full and correct in substantially the following form: STATE OF ILLINOIS. ) .County. ) I, A B, do hereby certify the foregoing to be true, full and correct. Dated this. .day of.A. D. 18 _ AB. {Name of Office.) Sec. 47. No such company failing to famish such statement shall be entitled to review of or appeal from any assessment. Sec. 48. The assessments made as aforesaid, of the franchises and the property, other than real estate, of such companies shall be eli¬ te ed in the record of assessment of personal property and the valua¬ tion thereof shall be set down in the collector’s books, and the taxes extended thereon in like manner as valuations of other personal prop¬ erty are set down and the taxes extended thereon. Sec. 49. Every assessor shall diligently search the proper records of his county for the names of all such companies organized under the general laws of this State, with their principal offices in his county, and obtain from every available source all the information he can con¬ cerning them and corporations of his county organized under special charter, to the end that no franchises hereby made taxable shall es¬ cape taxation, and the b, oks of every such company shall be subject to inspection by the assessor and the State Board of Tax Commission¬ ers. Sec. 50. If any such company shall neglect or refuse to pay any tax upon any of its property or franchises for thirty days after the tenth day of March in any year, such company shall be liable for the tax, with interest thereon at the rate of one per cent, per month from the time the tax was first due, and an action of assurnp-it may be brought by the proper county therefor; and upon a bill in chaiiceiy exhibited for the appointment of a receiver, brought in the name nf the county, a like remedy shall be had as is provided in section 305 as to State taxes. 14 Src. 51. Shares of stock and bonds issued by any company or¬ ganized under the laws of this State, assesse I ai-d taxed in manner aforesaid, shall not be held to be property subject to assessment and taxation. EXEMPTIONS AND DEDUCTIONS. Sec. 5*2. Any person or corporation claiming any exemption from taxation on account of United States bonds, shall give the assessor a written list of such bonds, showing tlie numbers, series and amounts thereof, and upon demand shall exhibit them to the assessor; and any person violating this secti^'ii shall be deemed guilty of a mis¬ demeanor and lined not less than twenty-live dollars nor more than two hundred dollars: Provided, that nothing in this section shall be so construed as to authorize any deductions allowed by this sec¬ tion from the value of any other item of taxation than credits. Sec. 53. No person, company or corporation shall be entitled to any deduction from the amount of any bonds, stocks or money loaned, or on account of any bond, note or obligation of any kind given to any insurance company on account of premiums or policies, nor on account of any unpaid subscription to any religious, literary, scientific or charitable institution or society, nor on account of any subscription to or installment payable on the capital stock of any company, whether incorporated or unincorporated; nor on account of any indebtedness incurred in the purchase or procurement of United States bonds or notes, or any other non-taxable securities. Sec. 54. If any person shall claim and receive any deduction from credits to which he is not entitled under this act, he shall be deemed gudty of a misdemeanor and fined not less than $50 nor more than $200. GENERAL PROVISIONS. Sec. 55. The assessor, when requested, shall deliver to the per¬ son assessed a copy of the statement of property hereinbefore required, showing the valuations of the assessor of property so listed, which copy shall be signed by the assessor. Sec. 56. The assessor shall have power to submit to any person other than the person whose property is to be assessed, questions in writing, for the purpose of discovering any property not taxed, and the value thereof, and to require any such person to answer the same in writing, or otherwise, under oath; and any person who shall refuse to answer any such question, as required by the assessor, shall be deemed guilty of a misdemeanor, and fined not less than five nor more than two hundred dollars. Sec. 57. Any oath which the assessor may require under this act may be administered by the assessor or deputy assessor, or by any other officer having authority to administer oaths. REAL ESTATE—HOW ASSESSED. Sec. 58. The county^board, at its first meeting after the passage of this act, shall cause to be prepared for the use of the county as¬ sessor, at the expense of the county, a map thereof, on a scale of not less than one nor more than two inches to the mile, showing 15 the various land divisions and subdivisions therein, and having out¬ line plats of all the cities and villages therein, showing the position of each with respect to the surrounding territory, and shall divide the lands of said county, outside of city and village limits, on the said map, into districts, to be known as assessing districts, indicat¬ ing each district by a broad red border and red number, and num¬ bering the same consecutively, as sections of a congressional town¬ ship are now numbered. Each of said districts shall contain an area of not less than four nor more than six square miles, unless otherwise directed by the county board, and as near as practicable shall be bounded by section lines or lines of original United States surveys, and shall conform, as nearly as may be, to any platting of subdivisions of land that shall have heretofore been made in pursuance of law, so as to embrace the whole of any such sub¬ division in the assessing district. Sec. 59. The said board shall also cause to be prepared, at the expense of the county, plats of every city and village on some conve¬ nient scale, and shall, on such plats, divide each city and village into assessing districts, each district to contain so much territory as can be conveniently embraced in the detailed plat thereof here¬ inafter mentioned, so as to afford sufficient space for the entry of the memoranda hereinafter provided for, and shall indicate such districts by a broad red border and red number, and shall number the same in some systematic, manner. Sec. 60. All the said maps and plats shall be kept at all times in the assessor’s office, spread out or hung up in such a manner as to be easily and conveniently seen and consulted by tax-payers. • Sec. 61, After the plats hereinbefore mentioned have been made, the said assessor shall cause to be prepared, at the expense of the county, detailed plats, not exceeding in size (including border,) 16 by 20 inches, of each of said assessing districts separately, each plat to show all the subdivisions of land or lots in the district wffiich it re¬ presents, and to be changed and amended from time to time by the assessor, as such subdivisions change; and whenever it shall become necessary, in order to procure room to enter the memoranda here¬ inafter provided for, the assessor shall make and plat a sub-district, and number or indicate the same so as to refer to the original as¬ sessing district, and shall indicate the sub-district by a red border on the detailed plat, and there so number and indicate it; and when the detailed plats are bound, as hereinafter provided for, all plats or sub-districts shall follow in their or/ler the plat of the- original district to which they belong. Sec. 62. Whenever any tract of land assessed for taxation is so situated or shaped that it cannot be described as a city or village lot or section, or United States survey, or fraction of such a lot, section or survey, the assessor shall lay out the same carefully upon the detailed plat of the proper assessing district or sub-district, and give it a number or letter, and it shall thereafter be known on the assessor’s and all other tax books as lot....of the lot, section or survey in which it is situated, and it may thereafter be so described in conveyances and other instruments; but no such lot shall in¬ clude parts of two or more city or village lots, or sections, or surveys. IG Skc. 63. The assessor shall tben, in each year in which an assess¬ ment of real estate is made, enter a memorandum upon the face of the detailed plat of the land so assessed, showing the name of the person to whom assessed, the assessed valuation m figures, and the year it is made; and four such memoranda shall be made upon each plat, but the entries for no two years shall be in ink of the same color; and if in any case there is no room on the face of the plat of any tract to make such entries, they may be made on the margin of the district plat, and connected wdth the proper tract by dotted lines of the same color as the entries for that year, and all entries for any year shall be in ink of the same color. Sec. 64. When the assessor makes any assessment of land on view, he shall have the detailed plat of the assessing district with him sub¬ ject to the inspection of any tax-payer. Sec. 65. When the assessment is made, it shall first be entered upon said detailed plats in pencil, and thereafter when it shall have been finally corrected and equalized, it shall be entered in ink, and the plats shall at all times be subject and open to public inspection. Sec. 66. Immediately after four assessments, as finally corrected and equalized, have been entered upon any plat, it shall be copied by the assessor, omitting all the memoranda thereon except the name of the person to whom the land was last ass(ssed, and all the orig¬ inals in the assessor’s oflice shjill be bound in volumes of conven¬ ient size, in their order as numbered, and thereafter remain public re^^ords in said office; and the copies shall constitute a new set of plats upon which memoranda of the next four assessments shall be entered as hereinbefore provided, and which shall be subject to change and amendment from time to time as the ownership and description of the property shown thereby change; and the process of copying plats and binding originals as above provided shall be continued as often as four assessments shall be completed. Sec. 67. It shall be the duty of the assessor to note in pencil on such plats all changes in the ownership and description of any lands shown thereon of W’hich he may from time to time be notified or have information, and when he begins to make an assessment, to make the necessary changes in ownership and description in ink, as hereinbefore provided. Sec. 68. Whenever the assessor shall be of opinion that any as¬ sessing district or sub-district is so sub-divided that, in order to pro¬ cure brief and correct descriptions of property therein, the whole dis¬ trict or sub-district should be replatted, he may replat the same and number all the lots upon the new x)lat thereof consecutively and use such new" plat for assessing purposes; but no change shall be made in the number or designation once given any assessing district or sub-district, and the memoranda made on the plat of the district or sub-district as it appeared before it w"as replatted, shall be copied upon and applied to the replatted district or sub-district as fully and accurately as practicable; Sec. 69. Whenever the owner of any land, or town, village or city lot or block, capable of description otherwise than by metes and bounds, shall cause a several or divided ownership in such land, lot or block, by reason of the sale or conveyance of any parcel 17 thereof less than the whole, then, if such deed or contract shall not 3r than at its true and fair cash value, so help me God. 21 Sf.c. 88. The assessor shall, in hooks to be prepared for that purpose, Bet down the assessment of personal property made against each person in the county against whom assessments have been made, setting out, in each case, the description of the property, which book, when reviewed and corrected by the boards of review, shall be the record of assessment of personal property. Sec. 89. On or before the first day of September in each year, the assassor shall make up for the several towns and districts in his county, in suitable books to be provided for the purpose, to be filed with the county clerk for the use of the collector, a list of all per¬ sons in such town or district against whom assessments have been made for personal property situate within such town or district, and the amount of such assessment. Such books shall be made up from the said record of assessment. There shall also be set down in proper column, opposite the name of each person assessed, the number of the school district, or other district, in which such person is as¬ sessed, and if the property of any person is assessed in several dis¬ tricts, the amount assessed in each district shall be separately stated, find the name of the person assessed put opposite each assessment. The names of persons shall be set down, as nearly as may be, in alphabetical order. All such books shall be ruled with suitable columns to meet the requirements of the law. Sec. 90. The books made by the assessor for the assessment of property in counties not under township organization, shall be made up by congressional townships; but parts of fractional town¬ ships, less than full townships,, may be added to full townships, in the discretion of the county board. In counties under township or¬ ganization, said books shall be made to correspond with the organ¬ ized townships. Separate books shall he made for the assessment of property and the collection of all taxes and special assessments thereon, within the corporate limits of cities, towns and villages, if ordered by the county board. Sec. 91. When assessment rolls or collectors’ books, in whole or in part, of any county, town, city, incorporated village or dis¬ trict, shall be lost or destroyed by any means whatever, a new as¬ sessment or new books, as the case may require, shall be made under the direction of the county board. Said board shall, in such cases, fix reasonable times and dates for performing the work of assessment, review, levy, extension and collection of taxes, and pay¬ ing over the same, or making new books, as the circumstances of the case may require. All the provisions of this act shall apply to the dates fixed by the county board, in the same manner that they apply to the dates for similar purposes, as fixed by this act. The county board is hereby fully empowered to select and appoint persons, where it may find the same necessary, to carry into effect the provisions of this section. THE LEVY. Sec. 92. The county board of the respective counties shall, an¬ nually, at the September session, determine the amounts of all taxes to be raised for county purposes; when for several purposes, the amount for each purpose shall be stated separately. 22 Sec. 93. The proper authorities of towns, townships, districts and incorporated cities, towns and villages, collecting taxes under the p-rovisions of this act, shall annually, on or before the second Tues¬ day in August, certify to the county clerk the several aroounts which they severally require to be raised by taxation, anything in their respective charters, or in acts heretofure passed by the Gen¬ eral Assembly of this State, to the contrary notwithstanding. LIMITATIONS. Sec. 94. Taxation in this State for the various purposes here¬ inafter named, except for indebtedness existing before the constitu¬ tion was adopted, shall not exceed, upon every hundred dollars of valuation— For all county purposes exclusive of road and bridge purposes, to be imposed by the county board, twenty-five cents. For all city, incorporated town and village purposes except school purposes, to be imposed by the proper corporate authorities, fifty cents. For educational purposes, to be imposed by the proper authorities, fifty cents. For school building purposes, to be imposed when authorized by law, by the proper school authorities, seventy-five cents. For roads and bridges, to be imposed by the proper authorities, for ordinary purposes, twenty cents; for all other purposes, one- third of the several rates now allowed to be imposed under all the several restricKons provided for by law; and when any incorporated city, town or village includes an entire township, the township authori¬ ties shall not levy any tax for road or bridge purposes. For all park purposes, one-fourth of the several rates now allowed to be levied by the proper authorities, under all the restrictions now provided for by law. Sec. 95. Any county, city, town, school district or other municipal corporation having power to levy taxes may submit to the voters thereof, at a general or special election, a proposition to increase the tax levy for the current year, not exceeding, however, one hundred per cent, of the respective rates provided by this act, stating in the election notice all the purposes for which the increase is needed; and if a majority of the legal voters to whom the prop¬ osition is so submitted, vote for the same, it shall be lawful to levy the tax so authorized for that year only. Sec. 96. No county, city, township, school district, or other munici¬ pal corporation, shall be allowed to become indebted in any manner or for any purpose, to an amount, including existing indebtedness, in the aggregate exceeding two per centum on the value of the taxable property therein, to be ascertained by the last assessment for State and county taxes previous to the incurring of such indebtedness. THE EXTENSION. Sec. 97. Each county clerk, after receiving the several tax levies herein provided for, shall ascertain the several rates of taxation upon the properly to be taxed, and shall extend the taxes against property 23 subject thereto upon the corrected valuation thereof, in the books filed by the assessor; and all taxes, for which the rate is uniform on the property throughout the township, shall be extended in one aggregate amount, in one column, to beheaded “Consolidated tax;’' and he shall append to every collector’s book, a certihcate showing all the several rates of taxation upon all the property described therein, and the aggregate amount cf taxes of each description, and in ex¬ tending said taxes the clerk shall extend fractions of a cent as one cent. Sec. 98. The county clerk of each county shall annex to each collector’s book a warrant, under his hand and official seal, com¬ manding the collector to collect from the several persons named in the said book the several taxes entered opposite their respective names, and authorizing him, in c-ase any person named in the book shall neglect or refuse to pay his personal property tax, to collect such tax by distraining and selling any of the goods and chattels of such person in the county. The warrant aforesaid shall also direct the collector to pay over the taxes to be collected by him, less the compensation for collection allowed him by law, to the respective officers entitled to receive the same, and may be in substantially the following form: STATE OF ILLINOIS, ) . .County, j The Peopleof the Slate of Illinois, ^o. . Collector of Taxes for .: You ^re hereby commanded to collect from the several persons named in this book •the several taxes set opposite their respective names, and in case any such person shall sieglect or refuse to pay you any such taxes within the time required by law. you are 4iereby commanded to distrain suflQcient of the goods and chattels of such person in said <;ounty, to satisfy such unpaid taxes, together with the costs of collecting the same, and to sell such goods and chattels, and out of the proceeds retain the amount of such unpaid ■taxes and the costs of seizure and sale, and pay the balance over to the owner of the dis- •trained property. You are also hereby further commanded to pay over all the taxes col¬ lected by you. less the compensation for collection of the'same allowed you by law, to the respective oflQcers entitled to receive the same. Witness my hand and official seal this...day of.A. D_ Sec. 99. The respective county clerks shall prepare and have Teady for delivery, on or before the twentieth day of December, annually, the books for the collection of taxes, under a penalty of tv.enty-five dollars per day for each day that any clerk shall keep back the delivery of said books beyond said time. And it shall be •the duty of the collectors to call promptly at the clerk’s office and receive said books. Sec. 100. On the delivery of the tax books to the town or district •collectors, the clerk shall make a certified statement, setting forth the name of each town or district collector, the amount of taxes to be collected and paid over for each purpose for which the tax is levied in eac-h of the several towns or districts, cities and villages, and fur- ziish the same to the county collector. Sec. 101. Any failure to deliver the collector’s books within the time jeq’-iired by this act shall in no way affect the validity of the assessment and levy of taxes, but in all cases cf such failure the assessment and levy of taxes shall be held to be as valid and bind- aing as if said books had been delivered at or witbin the time re¬ quired by law. 24 LIEN OF TAXES. Sec. 102. All taxes assessed upon the personal property of any person, firm or corporation shall be a first and preferred lien on all the personal property of such person, firm or corporation from the’ time the warrant is received by the collector, until the taxes are paid. THE COLIiECTORS. Sec. 103. The treasurers of the several counties shall be collect¬ ors cx-ojicio of their respective counties, and be known as county collectors. Sec. 104. Said county collector shall, on or before the first day of December, annually, or as soon as he is elected and qualified,, and before he enters upon the duties of his office as’ collector, exe¬ cute a bond, in addition to his bond as treasurer, in the penal sumi of at least double the amount of taxes to be collected by him in the year next thereafter, with two or more securities, who shall bo residents of the said county, and owners of real estate locatedJ within this State equal in value to the amount specified in tho bond; which amount shall be determined, and which bond shall be? approved by the county board. Each name shall be recited, in full,, in the body of the bond. The signatures to such bond signed by a? mark shall be witnessed, but in no other case shall a witness be re¬ quired. Such bond shall be substantially in the following form,, to-wit: Know all men by these presents: That we. A B, collector, and C D and E F, securi'- ties, all of the county of . and State of Illinois, are held a:*.d flrraly bound) unto the People of the State of Illinois in the penal sum of . dollars, for the payment of which, well and truly to be made, we bind ourselves, each of u-s, our heirs,, executors and administrators, firmly by these presents. Signed and sealed this.day of .... 18.. The condition of the foregping bond is such, that if the above bound A B shall pei>- form all the duties required to be performed by him as collector of the taxes for the year 18.., in the county of. .in the State of Illinois, in the time and manner pre¬ scribed by law, and'when he shall be succeeded in office shall surrender and deliver over to his successor in office all books, papers and moneys appertaining to bi& said office^, then the foregoing bond to be void; otherwise to remain in full force. A B, [SE.4.L.] e D, [SEAL.] E F, [SEAL.] He shall also take and subscribe an oath, to be indorsed on the back of the bond, substantially as follows: I do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Illinois, and thatl will faiflilUlly discharge the ,duties of the office of county collector according to the be&t of my ability. Sec. 105. No judge of the county court, member of the county board, clerk of the circuit court, county clerk, sheriff, deputy sheriff or coroner shall c.e permitted to be a surety on the bond of a county,, town, district or deputy collector or county treasurer. Sec. 106. The collectcr’s bond shall be approved hy the county board, and shall be recorded by the recorder of deeds and on the records of said board, and forthwith mailed to the Auditor by the county clerk. Said clerk shall attach his certificate to said bond„ under the seal of his office, showing that it has been rluly approved and recorded. Said bond, when approved and recorded, shall be a 25 lien upon the real estate of such collector until he shall have complied with the conditions thereof. In all actions upon such bond, such record or a certified copy thereof shall be prima facie evidence of the due execution of such bond. Sec. 107. The chairman of the county board, the county judge and the county clerk shall have power and authority to approve the- bond of the county collector, in like manner as the county board has to approve said collector’s bond; and said bond, when so ap¬ proved, shall be subjec-t to the. several provisions of this act, the same as if approved by said board. Sec. 108. The collector’s bond, when received by the Auditor^ and if found to be made in conformity to Jaw, and the securities satisfactory, shall be filed in his office, and the fact thereof certified to the county clerk. If the Auditor finds said bond to be not in accordance with law, or if he has reasons to doubt the sufficiency of the surety, he shall return the bond to the county clerk, who shall notify the collector to make a sufficient bond. If a new bond is required, it shall be approved and recorded, and subject to the re¬ quirements of this section, the same as the first bond given by the collector. No tax books or lists shall be placed in the hands of the county collector until the Auditor’s certificate, under the seal of his office, has been received by the county clerk, showing that the col¬ lector’s bond has been received and filed in the Auditor’s office. Nothing in this section shall be construed as relieving the securities of a coi'i-ector from liabilities incurred under a bond not approved and filed by the Auditor. Sec. 109. Each county in this State not under township organ¬ ization shall be a collection district, fc^r the purposes of tin's act; and the sherilfs of such counties shall be, respectively, ex-ojicio dis¬ trict collectors of such colleciion districts. Sec. 110. Every town or district collector, before he enters upon the duties of his office, and within eight days after he receives notice of the amount of taxes to be collected by him, shall execute a bond, with two or more securities, to be approved by the county board, or supervisor and town clerk of his town, as the case may require, in double the amount of such taxes, conditioned for the faithful exe¬ cution of his duties as such collector. Signatures to such bond signed with a mark shall be witnessed, but in no other case shall a witness be required. Said bond shall be, substantially, in the fol- fowing form, to-wit: Know all men hy these presents: That we. A B, of the_of.in tlie county of_ In the state of Illinois, as town (or clisiriet) collector, and C D and E F, of ihe said county and State, as securities, are held and lirmly i)ound unto the People of the State of Illinois in the penal sum of.. for the payment of which, well and truly to be made, we- bind ourselves, our heirs, executors and adininiotrators lirmly by these presents. Si<^neds and sealed this.day of.. A. D. 18.. The condition of the foregoing bond is such, that if the above bound A B shall perform all the duties required to be performed by him as collector of the taxes for the year 18.. irt the town (or district) of.. in the county of_Illinois, in the time aiid maiiner pre¬ scribed by law, and when he shall be succeeded in office shall surrender and deliver oveir to his successor in oflice all books, papers and moneys appertaining to his said office, then the foregoing bond to be void; otherwise to remain in full force. A B, [SEAL] C D, ISEAIil E F, LsEAJjJ' 26 He s-ball also take and subscribe an oath, to be indorsed on the back ci the bond, substantially as follows: I do polemnly swear that I will support the Constitution of the United States, and the ‘Constitution of the State of Illinois, and that I wii'i faithfully discharge the duties of the aid twice hy different claimants, the county board, on application of the person paying the same, or his agent, and being satisfied of the facts in the case, may give the proper claimant a certificate stating the facts, and such certificate shall be prima facie evidence of the facts therein stated; and the person holding the same shall have a right to recover the taxes erroneously I^aid, from the corporate authorities which maj" have received the same, and such claimant may use such certificate as a set-off against any tax due from him at any time to any such authorities, If any county, town or district collector shall receive, the taxes or special assessments properly due on any real property, and the same shall afterwards be sold for said taxes or special assessments, he shall refund to the purchaser thereof, if application be made within three years from the date of said sale, double the amount of purchase money, and all expenses of advertising said real estate under this act requiring real estate purchased at tax sales to be advertised, including costs of deeds. Any collector neglecting or refusing to pay as required by this section, shall be liable to the county, or person in interest, in an action of debt in any court having jurisdiction. Sec. 233. On the first day of January in each year, or as soon thereafter as practicable, the Auditor shall obtain from the United States land office in this State abstracts of tlie lands entered and located, and not previously obtained, and shall, at the same time, obtain from the Illinois Central railroad, and canal offices, abstracts 55 of the Central railroad and canal lands sold. Upon the receipt of said abstracts, the Auditor shall cause them to be transcribed into the tract books in his office, and shall, without delay, cause abstracts of the lands in each county, including school lands reported to his office as having been sold, to be made out and forwarded by mail to the county clerks of the several counties; and said clerks shall cause such abstracts to be transcribed into the tract book, and filed in their office. The expense of procuring and furnishing the abstracts required by this section, shall be paid by the Auditor out of the appropriation for the expenses of his office. Sec. 234. The county board shall procure all necessary books, stationery and blanks required by this act to be used in the assess¬ ment of property and collection of taxes, at the expense of the county, and shall also furnish the assessor with an office at the county seat, where he shall be found on such days as the board may by order direct. INTER-STATE BRIDGES. Sec. 235. All bridge structures across any navigable stream form¬ ing the boundary line between the State of Illinois and any other State, shall be assessed by the assessor in the county where the same is located as real estate ; and all provisions of law relating to the assess¬ ment and taxation of real estate, shall apply to the assessment and taxation of such bridges. Such assessor shall give in his descrip¬ tion every quarter section, section, township and range in which such bridge is located or terminates in this State, together with the metes and bounds of the ground occupied by such bridge, and the approaches thereto from the end on the Illinois shore to the centre of the main channel of the stream crossed by the same. For the purpose of obtaining such description the assessor may employ a compjetent surveyor, and the expense of making such survey and description shall be charged as a tax against such property by the county clerk, on the certificate of the surveyor: Provided, that one such survey made in pursuance of law, shall be deemed sufficient for the purpose of subsequent assessment of such bridge or approaches. Sec. 236. In default of the payment of any such tax assessed against any such bridge property as aforesaid, such bridge, property, and approaches thereto, so far as the same are located within this State, together with the land on wdiich the same is located as de¬ scribed by the assessor, and the franchise belonging thereto, shall be sold for such tax at the same time and in the same manner as other real estate shall be sold in such county for delinquent tax; and any county, city, town, school district or other municipal cor¬ poration interested in the collection of the tax levied upon such bridge, may become the purchaser at such sale, or at any sale of such property under judgment recovered upon, or to enforce the col¬ lection of such tax; and if the property so sold is not redeemed, may acquire, hold, sell and dispose of the title thereto. PENALTIES. Sec. 237. If any county clerk shall fail to attend any tax sale of real estate, either in person or by deputy, or to make and keep the record, as required by this act, he shall be deemed guilty of a I 56 misdemeanor, and on conviction thereof be fined in any sum not less th in ^390 nor more than $509, and shall be liable to indictment for such failure, and, upon conviction, shall be removed from office. Sec. 238. If any county clerk shall deliver the tax books into the hands of the county collector, or if any collector shall receive said books or collect any taxes, until such collector’s bond has been approved and filed, as required by this act, said clerk and col¬ lector, and each of them, shall be deemed guilty of a misdemeanor^ and on conviction thereof be fined not less than $390 nor more than $500, in the discretion of the court. Nothing in this section sball be construed as relieving ihe securities of a collector from liabi'ities incurred under a bond not approved and filed by the Auditor. Sec. 239. If any county collector fails to account and pay over as required in this act, his office may be declared vacant by the county board, or by any court in which suit is brought on his official bond. Sec. 240. The assessor may, at any time, be removed from office by the county board for incapacity, inefficiency, partiality or neglect or improper performance of the duties of his office. The county board shall be judges of the reasons for removal, but no assessor shall be removed under the provisions of this section, except upon an affirma¬ tive vote of at least three-fourths of all the members of the board. Sec. 241. Every county clerk, assessor, collector or other officer who shall in any case refuse or knowingly neglect to perform any duty enjoined upon him by this act, or who shall consent to or connive at any evasion of its provisions, whereby any proceeding required by this act shall be prevented or hindered, or whereby any property required to be listed for taxation shall be unlawfully exempted or omitted, or the same be entered upon the tax list at other than its fair cash value, shall, for every such offense, neglect or refusal, be liable, on the complaint of any person, to be con¬ victed of a misdemeanor, and fined not less than $300 nor more than $500, and, in the discretion of the court, may be removed from office by an order of the court trying the cause, to be en¬ tered of record therein. And it shall be the duty of the State- Board of Tax Commissioners to call the attention of all officers con¬ nected with the levy and collection of taxes, to the provisions of this section. STATE BOARD OF TAX COMMISSIONERS. Sec. 242. The Governor shall appoint, by and with the advice of the Senate, six skilled and competent persons, not more than three of whom shall be of the same political party, who, together with the Auditor, who shall ex-qfflcio be a member and chairman there¬ of, shall constitute a board to be denominated the State Board of Tax Commissioners, who shall perform such duties as are herein¬ after specified: Provided, the Governor may constitute the first board hereunder immediately after the passage of this act, all tha members to hold office until their successors are appointed and con-* firmed by the Senate. If 57 Sec. 243. The members of the first board confirmed by the- Senate hereunder shall be divided into two equal classes by lot, as they may determine—one class to hold office for two years, and one for four years; and three members of such board shall be appointed biennially thereafter, who shall hold office for four years, and until their successors are appointed and qualified. Subsequent appointments shall be so made that members of the board oi one p lit- ical party exclusive of the Auditor, shall not exceed three in numbeiv Sec. 244. At the first meeting of said board, and biennially thereafter, it shall appoint a secretary; and may, from time to time, select such employes as may be deemed necessary. The sec¬ retary shall take the oath prescribed by the constitution, and shall receive, as in full for all his services, the sum of fifteen hundred dollars per annum, payable quarterly out of the appropriation made to defray the expenses of the board, and shall perform such duties as shall be required of him by the board. Sec. 245 It shall be the duty of the State Board of Tax Commis¬ sioners— I. To prescribe all forms of books and blanks used in the assess¬ ment and collection of taxes, and to change such forms where prescribed by law, in case any such change shall appear necessaryo. II. To construe the revenue laws for revenue officers, and instruct them in relation to their duties with reference to taxation and statistics. III. To see that all assessments of property in this State are made according to law. IV. To see that all the taxable shares of stock of all corpora¬ tions in this State are assessed and taxed as provided by law, and that no unauthorized deductions are made from the value of the same. V. To see that all taxes due to the State are collected. VI. To enforce penalties and fines prescribed by the Kevenue law for disobedience of its provisions. YII. To estimate, whenever necessary, the amount required to be- levied upon property in the several counties to cover any deficiency in the State revenue not otherwise provided for. VIII. To see that said amount is duly certified to the counties. IX. To examine all books made subject to inspection under this act, and to require their production when necessary. X. To see that each county in the State be visited by at least one member of the board as often as once in two years, to the end that complaints concerning the law may be heard, and that infor¬ mation as to its working may be collected; that all revenue officers may be instructed in, and compelled to comply with the law in all particulars; and that all violations of the law may be punished, and the proper suggestions as to amendments and changes may be made. XI. To make such rules and regulations as they may deem necessary to secure a compliance with this act by all persons or corporations paying any license fees or taxes for State purposes. 53 XII. To make all rules and regulations they may deem proper, not inconsistent with law, with respect to their own meetings and procedure. XIII. To report to the General Assembly at each session the amount of revenue collected, the sources thereof, the amount lost .and the causes of the loss, and their proceedings, and such other matters as they may deem of public interest. XIY. To recommend to the General Assembly at each session thereof, such amendments to the Eeveuue law as may seem proper to remedy injustice or irregularity in taxation, or to facilitate the assessment and collection of the x^ublic revenues. Sec. 247. A majority of the said board shall constitute a quorum to ' ■do business, and a record of its proceedings shall be kept at the cap¬ ital open to the inspection of the public. Sec. 248. The members of said board, except the Auditor, shall each receive, as compensation for his services, the sum of twenty- five hundred dollars a year, payable quarterly, out of appropriations to be made for that xourpose. They shall also receive traveling ex¬ penses, actually paid, necessary to the performance of the duties of the office, which expenses shall be itemized by the person incurring them, and when the account of the sgme is approved by the Governor it shall be paid. Sec. 249. Whenever any default is made in the payment of any tax hereby made payable into the State treasury, the State board may issue a warrant, to be signed by its chairman, directed to any sheriff in the State, commanding him to distrain the personal prop¬ erty of any person or corporation so in default, and such warrant may be in the following form: STATE OF ILLINOIS, I Office of State Board of Tax Commissioners. I To. ) ..Sheriff of County—Grreeting: You are hereby commanded to collect from.the sum of .taxes due from.to the State of Illinois, with interest thereon at the rate of.per cent, a month, from the. day of.A. D.until paid, and to distrain sufficient of the goods and chattels, including rolling stock, of the said. . to be found anywhere in the State, to satisfy said taxes and interest and the costs of col¬ lecting the same, and to sell such goods and (iliattels from time to time, at such place or places as shall be most convenient to the place or places of siezure, and out of the pro¬ ceeds retain the amount of such unpaid taxes and interest and the costs of seizure, care and sale, and pay the balance to the said. You are hereby further commanded to pay over all the said taxes and interest, less the comptuisation allowed you by law, into the State treasury, and to return this warrant to this board within.days, with a written statement of the manner in which you have executed the same. The State Board of Tax Commissioners, by. Chairman. Sec. 250. The said board shall have power to subpoena and examine witnesses, and by any member to administer oaths, and any person who shall willfully testify falsely in respect to any mat¬ ter before said board shall be deemed guilty of perjury. Sec. 251. Any person who shall disobey any such subpoena or refuse to testify shall be deemed guilty of a misdemeanor, and lined not less than $50 nor more than $1,000 for each offense. 59 Sec. 252. Officers shall be allowed the compensation and mileage for serving such subpoenas now allowed by law for serving summons, and witnesses shall be allow'ed the mileage and compensation allowed witnesses in the circuit court; all to be paid out of appro¬ priations to be made to meet the expenses of the board, upon the certificate of the chairman as to time, services and mileage, and amount due. Sec. 253. No failure on the part of said board to hold any meet¬ ing or perform any other duty on the day specified by law, shall in any manner affect the validity of its acts. Sec. 255. Appeals shall lie from any board of review to the State Board of Tax Commissioners, wdiich shall hear and determine the same in a summary manner as it may by its rules prescribe, and certify its decisions, which shall be final, to the proper county assessors: Provided, that all such appeals shall be allowed within such time and under such restrictions as may be prescribed by the State Board of Tax Commissioners; but the pendency of any such appeal shall not operate to stay the collection of any tax, ex¬ cept by special order of the board and upon such conditions as it may prescribe. Sec. 256. On or before the first day of September in each year, the county assessor shall transmit to the Auditor an abstract of the assessment of property in his county for such year, and shall at all times furnish the State Board of Tax Commissioners with all informa¬ tion it may require showing the assessed value of each description thereof. Sec. 257. On or before the first of October in each year, the county clerk of each county shall transmit to the Auditor a full statement of all taxes and assessments levied against the property within the county for such year, specifying the objects and purposes for which such taxes and assessments are levied and the aggregate amount levied for each object and purpose. Sec. 258. It shall be the duty of the Auditor to compile the ab¬ stracts of assessments received from county clerks into tabular state¬ ments, convenient for the use of the board; which statements and the original abstracts shall be submitted to the board on the first day of its session in each year, or as soon thereafter as the board is organized. Sec. 259. Said board shall assemble at the State capital, on the second Tuesday in the month of September annually, and examine the abstracts of property assessed for taxation in the several counties in this State, as returned to the Auditor, and shall, in case such action is necessary, estimate from said abstracts, and such infor¬ mation as said board may deem proper, the proportionate amount of tax for State purposes which ought to be paid upon the real value of the property in each county subject to taxation, and certify such amount to the several county clerks, who shall extend such tax upon the assessed value of the property in their several counties; and whenever the State revenue exceeds the appropriations, the State Board of Tax Commissioners shall direct wffiat amount, if any, is surplus revenue, and the Auditor shall distribute the same as part of the State school tax, in the same manner as he is now re¬ quired by law to distribute such tax. 60 Sec. 260. The Secretary of State shall furnish such printing, fuel, lights and rooms as may be necessary for the transaction of the business of said board. RAILROADS. Sec. 261. Between the first and thirtieth days of January, A. D. 1888, and the first and thirtieth days of January in each year thereafter, every person or corporation operating or using any railroad in this State, either severally or in common with some other person or corporation, shall report in writing to the State Board of Tax Com¬ missioners the gross receipts of such person or corporation during each month of the preceding calendar year, and the board shall multiply the whole amount of such receipts for the year by five, and the pro¬ duct shall be deemed to be the taxable value of all the franchises and privileges legally exercised by such person or corporation in this State, and of all the property of such person or corporation necessary for, and used in, the prosecution of his or its said busi¬ ness in this State, and such franchises, privileges and property shall not be taxed in any manner or for any purpose except as herein provided: Provided, that all property of any such person or corpora¬ tion not so necessary for, or used in the prosecution of any such busi¬ ness, shall be assessed and taxed as other property. Sec. 262. Every such person or corporation shall have and main¬ tain an office in this State, at which shall be kept a complete set of 'account books, showing in detail all of his or its receipts and ex¬ penditures in and about said business, which books shall at all times be subject and open to the inspection of the State Board of Tax Commissioners or its agent or agents appointed to inspect the same: Provided, that any such person or corporation operating a railroad partly in this State and partly in another State, may be excused by the State Board of Tax Commissioners from complying with the provisions of this section, upon such just terms as the board may prescribe, as to his or its reports, business and books. Sec. 263. It shall be the duty of every such person or corpora¬ tion to notify the State Board of Tax Commissioners, in writing, at the time the first report of gross receipts is hereby required to be made, of the place in this State where its said office is so main¬ tained, and shall, within twenty days from the time of any change in such place, notify the board, in writing, of such change. Sec. 264. The term ‘‘gross receipts,” as used in this act, shall be held to include all the earnings and receipts of any such person or corporation, received from the hauling of cars and transportation of freight, express matter, mails or passengers and miscellaneous earn¬ ings in this State, either by such person or corporation on its own account, or for or on account of any other person or corporation whatever, in any manner engaged in such business and not re¬ quired to make such statement of gross receipts, without any deduction for any rebate, drawback, or expense whatever, or pay¬ ment to any other person or corporation for use of cars run over the railroad operated by the person or corporation from whom such statement is required, or for any other service whatever in connec¬ tion with any transportation over such railroad. 61 Sec. 265. Between the first and last days of February in each year, the State Board of Tax Commissioners shall levy upon the taxable value of the property of every person and corporation mentioned in section 261, hereof, as ascertained in the manner hereinbefore provided, a tax equal, as to rate, to the average rate of taxation in the State for all purposes, as reported to them, and shall extend such tax in a book to be provided by him for that purpose, so as to show, in separate columns, the gross receipts of every such person or cor¬ poration during the previous calendar year, the taxable value of ■ his or its property and the aggregate tax, and shall, on or before the first day of March in each year, deliver said book to the State Treasurer, who shall at once proceed to collect the taxes therein extended : Provided, that no such tax shall exceed five per centum of such gross receipts. Sec. 236. The average rate of taxation above mentioned shall be ascertained by dividing the whole amount of taxes levied upon property in the State by the total assessed value of property in the State. Sec. 267. It shall be the duty of every such person or corporation, during the month of March in each year, to pay said tax to the State Treasurer, whether the same be demanded or not; and in case any such tax is not so paid within the time hereby limited, the person or corporation against whom or whose property the same is extended shall be liable in an action of assumpsit, to be brought by the State Board of Tax Commissioners in the name of the State, in any circuit court, for any tax or part of tax not so paid, with interest thereon at the rate of one per cent, per month from the last day of March in which the tax became due hereunder; and it shall be ■the duty of the clerk of any court in which any such action or any action or suit hereby authorized shall be brought, to place the same at the head of the docket, and such cases shall have preced¬ ence over all other business of every court in which it may at any 'time be pending; and every judgment rendered in any such case 'shall be a first lien upoii all the railroad of any such person or corporation, as though it had been a judgment bi rein for taxes. Sec. 2G8. When any such person or corporation owns, uses or operates a railroad partly in this State and partly in another State, it shall be his or its duty to make the report required by section 261 hereof, as to the gross receipts of his or its whole line of railroad wherever situated, and shall give in such report the length of all its main, second and side tracks constituting its said whole line; and all the terminal points of such line, and the number of miles of such tracks situated in Illinois; and the State Board of Tax Commissioners shall divide the total gross receipts of the whole line by the number of miles of such tracks in its whole line, and multiply the quotient by the num¬ ber of miles of such track situated in Iliinois, and the product shall be the gross receipts of such person or corporation for purposes of taxation in pursuance of this act. Sec. 269. If any person or corporation required to make any report hereunder, or any officer or agent of any such corporation, shall fail to maintain an office in this State as hereby required—or shall fail to keep books at such office as hereby required—or shall con¬ ceal said books from the State Board of Tax Commissioners or any agent 62 thereof authorized to examine them—or shall refuse to submit such books to the inspection of the State Board of Tax Commissioners or any agent thereof authorized to examine them—or shall make, by itself or agent, any false statement in any report hereby required—or shall fail to make any report hereby required in the time and manner herein provided for, he or it shall be deemed guilty of a misde¬ meanor and fined in a sum not less than $500 a day for every day he or it shall be in defav.lt in any of the particulars above named. Such company shall be liable in an action of assumpsit to be brought by the State Board of Tax Commissioners in the name of the State of Illinois, in any propef court, for the whole amount of the fine herein provided for, whether the same shall have been imposed or not. TELEGRAPHS. Sec. 270. The business of telegraphy in this State shall be taxed as follows: Every person and corporation owming, using, operating or con¬ trolling any telegraph or telegraph line in this State, for toll or hire, shall, between the first and twentieth days of January, in each year, make and deliver to the Auditor a statement, in writing, showing: I. The length of such line of telegraph in this State, so owned, used, operated or controlled by the person or corporation. II. The miles of such wire used in, or constituting the said line. III. The principal office of such person or corporation in this State. Sec. 271. At the time of delivering such statement to the Auditor, the person or corporation making the same shall pay to the State Treasurer a tax of seventy-five cents for each mile of wire used in or constituting part of any such line, and each separate wure in the line shall be considered in ascertaining the mileage hereunder. Sec. 272. Every such statement shall be signed and sworn to as true by such person, or the general or chief officer or agent of such company m this State, and may be in such form as the State Board of Tax Commissioners may prescribe. Sec. 273. If any person or corporation mentioned in section 270 shall neglect or refuse to make any statement thereby required, or shall neglect or refuse to pay the tax hereinbefore provided for, for thirty days after the 20th day of January, in the year in which such statement is due, such person shall be liable, and every such companj^ shall be liable in an action of assumpsit, to be brought by the State, for the said tax, with interest thereon at the rate of three per cent, per month from said day, and any such person or corporation may upon a bill in equity be enjoined by the State from prosecuting by himself or itself, or his or its agents, directly or indirectly, the business of telegraphy in the State until such tax and interest is paid. Sec. 274. No such person or corporation paying the tax herein provided for shall be required to pay any license to prosecute said business, or any tax upon any property used in prosecuting such business, except real estate: Provided, that poles, wire and right-of- wny shall not be deemed real estate for the purposes of this section. 63 Sec. 275. In case judgment is rendered in any court for any sucb tax, or tax and interest, execation may issue directing the sherilf of the proper county to sell so much of ail the property, rights, privi¬ leges and franchises of the judgment debtor in this State as may be necessary to satisfy the judgment and costs. TELEPHONES. Sec. 276. The business of maintaining telephones in this State- shall be taxed as follows: Every person and corporation in this State, owning, usiog, oper¬ ating or controlling for hire or compensation, any telephone exchange- or line shall, between the first and twentieth days of January in each yeai, make and deliver to the Auditor a statement in writing, showing: I. The number of telephone instruments connected with the line- or exchange of such person or corporation, or used in connection with or as part of the same. II. The terminal points of the line or lines of any such person or corporation, where such line or lines are not wholly within some city or village. III. The place where the ijrincipal office of such person or cor¬ poration in this State is kept. IV. The place or places where the exchange or exchanges are- located. Sec. 277. At the time of delivering such statement to the Auditor, the person or corporation making the same shall pay to the State Treasurer a t-ax of two dollars for each telephone connected with, or part of any such line or exchange, or in any manner used in con¬ nection with or as part of the same : Provided, that where a receiv¬ ing telephone and a transmitting telephone are used together at the same station they shall be considered one telephone. Sec. 278. No person or corporation paying the tax herein provided for, shall be required to pay any license to carry on said business, or any tax upon any property used in carrying on the same, except real estate: Provided, that poles, wire and right-of-way shall be- deemed real estate for the purposes of this section. Sec. 279. If any such person or corporation shall neglect or re¬ fuse to make any statement hereby required, or shall neglect or refuse to pay the tax hereinbefore provided for, foi thirty days after the twentieth day of January in the year in which such statement is due, such person shall be liable, and every such corporation shall be liable to an action of assumpsit, to be brought by the State, for the said tax with interest thereon at the rate of three per cent, per month from said city, and any such person or corporation may upon a bill in equity be enjoined by the State from prosecuting, by himself or itself, or his or its agents, directly or indirectly, the business of maintaining any telephone line or telephonic exchange in this State UQtil such tax and interest is paid. Sec. 280. In case judgment is rendered in any court for any such tax, or tax and interest, execution may issue directing the sherilf of the proper county to sell so much of all the property rights, privi¬ leges and franchises of the judgment debtor in this State as may be necessary to satisfy the judgment and costs. 64 EXPRESS BUSINESS. Seo- 281. The express business in this State shall be taxed as follows: Every person or corporation carrying on the express business over any raili’oad or steamboat line wholly or partly in this State, shall, between the tenth and last days of December in each year, procure from the Auditor a license to do so for the following cal¬ endar year, which license shall be issued upon the payment of five dollars into the State treasury, and may be in the following form: Know all men. That. is hereby authorized and licensed to carry on the express business in the State of Illiriois. for one year, from the first day of January. A. D .upon condition, however, that he obeys, in all respects, the revenue laws of said state, tliis license being subject at all times to revocation by the State Board of Tax Commissioners. Witness my hand this.day of.A. D. Auditor of Public Accounts Sec. 232. If any person or corporation shall carry on said business in this State without first procuring such license, he or it shall be deemed guilty of a misdemeanor, and fined not less than one hun¬ dred dollars nor more than five hundred dollars for each offense, and each day’s business so transacted shall be deemed to constitute an offense hereunder. Sec. 283. Every such person or corporation doing any express business in this State, shall, between the first and twentieth days of January, in each year, make and deliver to the Auditor a statement in writing, showing: First —The places in this State where such person or corporation has maintained agencies for the prosecution of its business during the preceding calendar year, with the names of the agents. Second —Tiie place in this State where the principal office of such person or corporation is kept. Third —The amount of the gross receipts of such person or cor¬ poration derived from its business in this State, computed as here¬ inafter required. Sec. 234. Where the money or value received by any such person or corporation is for the carriage of goods, wares and merchandise be¬ tween terminals in this State, all of such money or value shall be deemed gross receipts within the meaning of this ao', and where such money or value is for such carriage between terminals, one of which is in this State, so much of the compensation received for the carriage as bears the proportion to the whole compensation re¬ ceived that the number of miles of carriage in this State bears to to the whole number of miles of carriage, shall also be deemed gross receipts within the meaning of this act. Sec. 235. At the time of delivering such statement to the Auditor, such person or corporation shall pay to the State Treasurer a further license fee of two and a half per cent, of the amount of such gross receipts, and this shall be in lieu of all license fees and taxes in this State, of every kind and nature soever, except taxes on tangi¬ ble property. Sec. 233. Every such statement shall be signed and sworn to as full and true, by such person, or the general or chief officer or agent of such company in this State, or by some other agent to be desig¬ nated by the State Board of Tax Commissioners, and shall be in such form as may be prescribed by said board. G5 Sec. 287. The books of every such person or corporation shall at all times be subject to the inspection of the State Board of Tax Com¬ missioners or their agents. Sec. 288. If any person or corporation, hereby required to make any such statement, shall make any false statement, or shall fail to make any report hereby required, at the time and in the manner hereby required, or shall conceal its books from the State Board of Tax Commissioners or its agent, or shall refuse to submit its books as hereby required, he or it shall be deemed guilty of a misdemeanor, and fined not less than $300 nor more than $1,000. Sec. 289. If any such person or corporation shall fail to make any statement as hereby required, the State Board of Tax Commissioners may estimate his or its gross receipts, and notify him or it of the amount of license fees upon the same hereunder, in such manner as the board may deem best; and if the fees are not paid within thirty days, with interest thereon at the rate of one per cent, a month from the twentieth day of January in the year in which statement was due hereunder, such person or corporation shall be liable, in an action of assumpsit to be brought by the State, for such fees and interest, and for any fine herein provided for, whether the same shall have been imposed or not. Sec. 290. All fines imposed hereunder shall be paid into the State treasury. Sec. 291. In case any such person at any time evades or disobeys the provisions of this act, the State Board of Tax Commissioners shall revoke his or its license hereunder, and it shall not be lawful for him or it to receive any license to transact such business in this State, until the fees herein provided for, with interest thereon at the rate aforesaid, from the twentieth day of January in the year in which such statement is due hereunder, have been paid. PUBLIC WAREHOUSEMEN. Sec. 292. The business of public warehousemen of classes A and B in this State is hereby declared to be a privilege, and shall be taxed as follows: Every person or corporation owning, leasing or managing any public warehouse in this State, of class A or class B, shall, between the tenth and last days of December, in each year, procure from the Auditor a license to do so for the following calendar year, which license shall be issued upon the payment by such person, firm or corporation, of five dollars into the State treasury, and may be in the following form: Know all men. That..Is hereby authorized and licensed to carry on the business of a public warehouseman, in the State of Illinois, for one year from the first day of January, A. D.upon condition, however, that.obeys in all re¬ spects the Revenue laws of said State: this license being at all times subject to revocation by the State Board of Tax Commissioners for any violation of said law by said.licensee. Witness my hand this.day of.A. D.. Auditor of Public Accounts. Sec. 293. If any person or corporation shall carry on said business in this State without first procuring such license, he or it shall be —5 66 deemed guilty of a misdemeanor and fined not less than one hun¬ dred dollars nor more than two hundred dollars for every day the said person or corporation shall carry on said business in this State without the license hereby required. Sec. 294. Every such person or corporation shall, between the first and twentieth days of January in each year, make a written state¬ ment and deliver the same to the Auditor, showing the full and maximum capacity in bushels of each elevator or granary used by him or it at any time during the preceding year. Sec. 295. In case the State Board of Tax Commissioners deem it just in any case, it may, by an order entered upon its records, which shall contain a statement of the facts of the matter, permit a license hereunder to issue at any time for the remainder of the current calen¬ dar year, and make a proportionate abatement of the tax herein¬ after provided for. ' Sec. 296. Every such person or corporation shall, annually, at the time of delivering such statement to the Auditor, pay to the State Treasurer, as a tax on the said busiimss, the sum of one-third of one cent for every bushel of the capacity of each elevator or gran¬ ary of either of said classe s owned, operated or managed by such person or corporation in this State during the .preceding year. Sec. 297. If any such person or corporation shall make any fa\se statement of the capacity in bushels of any such elevator or granary owned, leased or managed by him or it, or refuse to make any statement as hereby required, he or it shall be deemed guilty of a misdemeanor, and fined not less than $300 nor more than $1,000, and the State Board of Tax Commissioners may, in any such case, fix the capacity of every such elevator or granary, and notify the owner, lessee or manager of the taxes due hereunder from him or it, in such manner as the said board may deem best, and if the said taxes are not paid within thirty days, with interest thereon at the rate of one per cent, per month, from the twentieth day of January, in the year in which the statement was due hereunder, such person or corporation shall be liable, and every officer and director of any such corporation shall be individuals^, jointly and severally liable in an action of assumpsit to be .brought by the State, for such taxes and interest, and for any fine herein provided for, whether the same shall have been imposed or not. Sec. 298. In case any such person or corporation at anytime evades or disobeys the provisions of this act, the State Board of Tax Commis¬ sioners shall revoke his or its license hereunder, entering upon its records the reasons for the revocation, and preserving in writing the evidence of the facts upon which the same was made, and it shall not thereafter be lawful for any such person or corporation to receive any license to transact the said business in this State until the taxes herein provided for, with interest thereon as aforesaid, shall have been paid. Sec. 299. In case there is in any year an increase or diminution of the capacity of any such elevator or granary, the State Board of Tax Commissioners, by an order to be entered upon its records reciting the facts upon which it is based, may abate the tax of that year in such sum as may be just. 67 Sec. 300. Nothing herein contained shall be construed so as to ex¬ empt in any manner any of the real or personal property of any person mentioned in section 292 from taxation by valuation, nor to repeal any portion of an act entitled “An act to regulate public warehouses and the warehousing and inspection of grain, and to give effect to article thirteen of the Constitution of this State,” in force July 1, 1871. INSURANCE COMPANIES. Sec. 301. The insurance business in this State shall be taxed as follows: Every insurance company or association doing any insurance business of any kind whatever in this State, shall, between the first and twentieth days of January in each year, make and deliver to the Auditor a statement in writing, showing: First —The number of policies issued by the company or associa¬ tion on property in this State, or on the life or health of any resident or citizen of this State,- and on marine risks taken in this S:ate during the preceding calendar year. Second—T \iq gross amount of premiums, in cash, notes or other securities or values, received in this State during the preceding year npon all policies covered by paragraph one. Third —The amount of premiums returned on canceled policies covered by paragraph one. Fourth —The place where the principal office of the company is kept in this State. Sec. 302. At the time of delivering such statement to the Auditor 1he company or association making the same shall pay to the State Treasurer a tax of two per cent, of the gross amount of premiums received by it on the said policies, after the amount of premiums returned on canceled policies has been deducted therefrom. Sec. 303. Every such statement shall be signed and sworn to as full and true by the general or chief officer, or agent of the company in this State, or by some other agent to be designated by the State Board of Tax Commissioners, and shall be in such form as may be prescribed by said board. Sec. 804. No company or association paying the tax provided for in section 302 hereof, shall be liable to pay any license fees, or any other kind of tax whatever in this State except taxes on tangible property. If any insurance company or association shall neglect or refuse to make any statement as hereby required, or shall neglect or refuse to pay the tax herein provided for, for thirty days after the statement is due hereunder, the said company or association shall be liable in an action of assumpsit, to be brought by the State, for the tax, with interest thereon at the rate of one per cent, per month from the twentieth day of January in the year the tax was due hereunder; and if any such tax shall remain unpaid for six months after said day, the corporate existence of the company or association in default, if it is a corporation of this State, shall cease, and its corporate franchises be forfeited; and upon a bill in equity brought by the State against any company or association not complying with this act, it and all its officers and agents may be 68 enjoined from carrying on directly or indirectly any business in this State, and a receiver may be appointed to wind up its affairs, and such orders made as may be deemed proper to secure the collection of all taxes due with interest thereon, and distribute the remainder of its property. GENERAL PROVISIONS. Sec. 305. If any person or corporation required by this act to pay any tax or license fee directly into the State treasury, shall not pay the same within ninety days after the last day the same is payable under the provisions of this act, the State Board of Tax Commission¬ ers may exhibit a bill in equity, in the name of the State, in the circuit court of any county in this State in which such person or corporation does business or has property, or to the judge of such court in vaca¬ tion, setting forth the facts, and thereupon it shall be the duty of such court or judge, upon being satisfied of the truth of such bill, to appoint a receiver of all and singular the property, business, franchises and effects of such person or corporation in this State, and from time to time, in term time or vacation, to make such orders and decrees as to the operation of the business or the sale of the property as will secure to the State all taxes and license fees due and accruing, together with all penalties, interest and costs, including a reasonable solicitor’s fee,, to be,fixed by the court. Sec. 306. The words and phrases following, whenever used in this act, shall be construed to include in their meaning the defini¬ tions set opposite the same in this section, whenever it shall be necessary to the proper construction of this act: 1st. Assessor—Assessors. —County, district and deputy assessors. 2d. Auditor. —Auditor of Public Accounts. 3d. Bank — Banker—Broker—Stock Jobber. —Whoever has money employed in the business of dealing in coin, notes or bills of ex¬ change, or in the business of dealing in or buying or selling any kind of bills of exchange, checks, drafts, bank notes, promissory notes, bonds, or other writing obligatory, or stocks of any kind or description whatsoever, or receiving money on deposit. 4th. Collector—Collectors. —County, town, district and deputy collectors. 5th. Company. —Every corporation or association having shares of stock. 6th. County Board. —The board of supervisors—the board of county commissioners. 7th. Credits. —Every claim or demand for money, labor, interest or other valuable thing, due or to become due, not including money on deposit. 8th. He.—M ale, female, company, corporation, firm, society, singular or plural number. 9th. Money—Moneys. —Hold, silver or other coin, paper or other currency used in barter and trade as money, in actual possession, and every deposit which the person owning, holding in trust, or having the beneficial interest therein, is entitled to withdraw in money on demand. 69 loth. Numbee. —The singular number shall include the plural, and the plural number shall include the singular. 11th. Oath. —Oath or affirmation. l‘2th. Person—Persons. —Male, female, corporation, company, firm, society, singular or plural number. 13th. Eeal Property—Eeal Estate—Land—Tract—Lot.— Not only the land itself, whether laid out in town or city lots, or other¬ wise, with all things contained therein, but also all buildings, struc¬ tures and improvements, and other permanent fixtures, of whatsoever kind, thereon, and all rights and privileges belonging or in anywise pertaining thereto, and all undivided interests therein, except where the same may be otherwise denominated by this act. 14th. Eailroad. —Shall not be construed to include any street or dummy railway. loth. Shares of Stock—Shares of Capital Stock. —The shares into which the capital or stock of every incorporated company or association may be divided. Sec. 307. Nothing in this act contained shall be construed to affect in any manner the provisions of the charter of the Illinois Central railroad company, approved February 10, 1851, and it is hereby made the duty of the State Board of Tax Commissioners to see that all the taxes due to the State from said company, are paid according to the true intent and meaning of said charter. Sec. 308. An act entitled “An act for the assessment of property, and for the levy and collection of taxes,” approved March 30, 1872, and all amendments thereto; and an act entitled “An act in relation to ihe collection of taxes and special assessments,” approved May 2, 1873; and all other acts and parts of acts inconsistent herewith, are hereby repealed. Sec. 309. The repeal of said acts and parts of acts shall not be con¬ strued to impair any right existing, or affect any proceeding pending at the time this act shall take effect; but all proceedings for the assessment of property or levy or collection of any tax or special assessment then remaining incomplete, except as hereinafter provided, may be completed pursuant to the provisions of this act. Sec. 310. The provisions of this act shall not apply to redemptions from sales made for taxes or special assessments previous to the taking effect hereof, ijor to the mode of giving notice, and issuing deeds upon certificates of sales made for taxes, but such redemptions may be made and notice given and deeds issued in pursuance of the laws in force January 1, 1887. Sec. 311. For the year 1887, assessments of property for taxation shall be made by the several county and township assessors. The assessors’ and collectors’ books shall be made by the county clerks. The assessments in each county shall be reviewed, corrected and equalized by the county board thereof, all in accordance with the provisions of the laws in force January 1, 1887; and the county assessors in counties not under township organization, and the township assessors in counties under township organization, shall, immediately after this act goes into force, assess in their respective counties and townships the franchises of corporations, as required 70 by this act, and any assessment of the tangible property of any railroad, telegraph or telephone company, which, under this act, would be exempted from assessment for purposes of taxation, shall become null and void. Sec. 312. All returns and statements required by this act to be made by railroad, telegraph, telephone, express and insurance companies, and public warehousemen, shall be made to cover and include the whole year 1887, and taxes shall be levied upon them hereunder for that year, as though this act had gone into effect on the last day of the year 1886. On behalf of the Committee: M. HAY, Chairman, March i, 1886. UNIVERSITY OF ILLINOIS-URBANA 3 0112 120239733 J ^ i