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power to punish for contempt, as in other cases of refusal to obey the process and order of such court. [R. S. 1874, ch. 114, § 142, p. 832.

15. [PENALTY AGAINST WITNESSES.] $ 15. Any person who shall willfully neglect or refuse to obey the process of subpoena issued by said commissioners, and appear and testify as therein required, shall be deemed guilty of a misdemeanor, and shall be liable to an indictment in any court of competent jurisdiction, and on conviction thereof shall be punished for each offense, by a fine of not less than twenty-five nor more than five hundred dollars, or by imprisonment of not more than thirty days, or both, in the discretion of the court before which such conviction shall be had. [R. S. 1874, ch. 114, § 143, p. 832.

16. [PENALTY AGAINST RAILROADS, ETC.] § 16. Every railroad company, and every officer, agent or employe of any railroad company, and every owner, lessee, manager or employe of any warehouse, who shall willfully neglect to make and furnish any report required in this act, at the time herein required, or who shall willfully and unlawfully hinder, delay, or obstruct said commissioners in the discharge of the duties hereby imposed upon them, shall forfeit and pay a sum of not less than one hundred nor more than five thousand dollars for each offense, to be recovered in an action of debt in the name and for the use of the People of the State of Illinois; and every railroad company, and every officer, agent or employe of any such railroad company, and every owner, lessee, manager, or agent or employe of any public warehouse, shall be liable to a like penalty for every period of ten days it or he shall willfully neglect or refuse to make such report. [R. S. 1874, ch. 114, § 144, p. 832.

17. [ATTORNEY GENERAL TO PROSECUTE SUITS.] § 17. It shall be the duty of the attorney general, and the state's attorney in every circuit or county, on the request of said commissioners, to institute and prosecute any and all suits and proceedings which they, or either of them, shall be directed by said commissioners to institute and prosecute for a violation of this act, or any law of this state concerning railroad companies or warehouses, or the officers, employes, owners, operators, or agents of any such companies or warehouses. [R. S. 1874, ch. 114, § 145. p. 832.

18. [IN NAME OF PEOPLE-PAY, ETC.] § 18. All such prosecutions shall be in the name of the People of the State of Illinois, and all moneys arising therefrom shall be paid into the state treasury by the sheriff or other officer collecting the same; and the state's attorney shall be entitled to receive for his compensation, from the state treasury, on bills to be approved by the governor, a sum not exceeding ten per cent. of the amount received and paid into the state treasury as aforesaid: Provided, this act shall not be construed so as to prevent any person from prosecuting any qui tam action as authorized by law, and of receiving such part of the amount recovered in such action as is or may be provided under any law of this State. [R. S. 1874, ch. 114, § 146, p. 832.

19. [RIGHTS SAVED.] § 19. This act shall not be so construed as to waive or affect the right of any person, injured by the violation of

any law in regard to railroad companies or warehouses, from prosecuting for his private damages in any manner allowed by law. 1874, ch. 114, § 147, p. 832.

[R. S.

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AN ACT for the assessment of property and for the levy and collection of taxes. In force July 1, 1872.

1. [PROPERTY ASSESSED AND TAXED.] § 1. That the property named in this section shall be assessed and taxed, except so much thereof as may be, in this act, exempted:

First-All real and personal property in this state.

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

state.

Fourth-The capital stock of companies and associations incorporated under the laws of this state. [R. S. 1874, ch. 120, p. 857. See const. Art. 9, § 1.

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2. [PERSONAL PROPERTY HOW VALUED.] 3. Personal property shall be valued as follows:

Fourth-The capital stock of all companies and associations now or hereafter created under the laws of this state, shall be so valued by the state board of equalization as to ascertain and determine, respectively, the fair cash value of such capital stock, including the franchise, over and above the assessed value of the tangible property of such company or association. Said board shall adopt such rules and prin

ciples for ascertaining the fair cash value of such capital stock as to it may seem equitable and just; and such rules and principles, when so adopted, if not inconsistent with this act, shall be as binding and of the same effect as if contained in this act, subject, however to such change, alteration or amendment as may be found, from time to time, to be necessary by said board: Provided, that in all cases where the tangible property or capital stock of any company or association is assessed under this act, the shares of the capital stock of any such company and association shall not be assessed or taxed in this state. This clause shall not apply to the capital stock or shares of capital stock of banks organized under the general banking laws of this state: Provided, further, that in assessing companies and associations organized for purely manufacturing purposes, or for printing, or for publishing of new papers, or for the improving and breeding of stock, the assessment shall be so made that such companies or associations so organized shall only be assessed as individuals under like circumstances would be assessed, and no more; and such companies and associations shall be allowed the same deductions as are allowed to individuals. [Laws 1875, p. 35. See Const. Art. 9, § 1.

3. [REAL PROPERTY-HOW VALUED.] § 4. Real property shall be valued as follows:

First-Each tract or lot of real property shall be valued at its fair cash value, estimated at a price it would bring at a fair, voluntary sale.

Third-When a building or structure is located on the right of way of any canal, railroad or other company leased or granted for a term of years to another, the same shall be valued at such a price as such building or structure and lease or grant would sell at a fair, voluntary sale for cash.

Fourth-In valuing any real property on which there is a coal or other mine, or stone or other quarry, the same shall be valued at such a price as such property, including the mine or quarry, would sell at a fair, voluntary sale for cash. [R. S. 1874, qu. 120, § 4, p. 858.

4. [WHEN PERSONAL PROPERTY LISTED.] § 5. Personal property shall be listed between the first day of May 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 May, in the year for which the property is required to be listed. Personal property purchased or acquired on the first day of May shall be listed by or for the person purchasing or acquiring it. [R. Š. 1874, ch. 120, § 5, p. 858.

5. [WHO SHALL LIST, AND WHAT LISTED.] § 6. Personal propcrty 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 of such company is not assessessed 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,

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check or draft, and credits due from or owing from any person or persons, bodies corporate or politic.

Seventh-The property of corporations whose assets are in the hands of receivers, by such receivers. [R. S. 1874, ch. 120, § 6, pp. 858, 859.

6. [WHERE LISTED AND ASSESSED] 87. 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. The capital stock 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. [R. S. 1874, ch. 120, § 7, p. 859.

7. [PERSONAL PROPERTY OF CORPORATIONS.] § 13. * * * All persons, companies and corporations in this state owning steamboats, sailing vessels, wharf boats, barges and other water craft, shall be required 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. [R. S. 1874, ch. 120, § 13, p. 859.

8. [SCHEDULE] $ 24. 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 for taxation by them. It shall be the duty of the assessor to determine and fix the fair cash value of all items of personal property. [R. S. 1874, ch. 120, § 24, p. 860.

9. [FORM OF SCHEDULE.] § 25. Such schedule, when completed by the assessor in extending in a separate column the value of such property, shall truly and distinctly set forth:

Sixth-Every steam engine, including boilers, and the value

thereof.

Fourteenth Every franchise, the description and the vale thereof. Seventeenth-Every steamboat, sailing vessel, wharf boat, barge or other water craft, and the value thereof.

Nineteenth-The value of material and manufactured articles on

hand.

Twentieth-The value of manufacturers' tools, implements and machinery (other than boilers and engines, which shall be listed as such).

Twenty-eighth-The amount and value of bonds or stocks.

Twenty-ninth-The amount and value of shares of capital stock of companies and associations not incorporated by the laws of this

state.

Thirty-first-The value of property of companies and corporations other than property herein before enumerated.

Thirty-second-The value of bridge property.

Thirty-third―The value of property of saloons and eating houses.

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Thirty-fourth-The value of household or office furniture and prop

erty.

Thirty-sixth-The value of all other property required to be listed. [R. S. 1874, ch. 120, § 25, p. 861.

10. [ASSESSOR EXAMINE UNDER OATH-WHEN.] § 26. That. whenever the assessor shall be of opinion that the person listing property for himself or for any other person, company or corporation, has not made a full, fair and complete schedule of such property, he may examine such person under oath in regard to the amount of the property he is required to schedule, and for that purpose he is authorized to administer oaths; and if such person shall refuse to answer under oath and a full discovery make, the assessor may list the property of such person or his principal, according to his best judgment and information. If the person so examined shall swear falsely, he shall be guilty of perjury, and punished accordingly. [R. S. 1874, ch. 120, § 26 p. 861. See § 36.

11. [LISTING CREDITS.] $ 27. 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 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 acknowledgment 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: Provided, that nothing in this section shall be so construed as to apply to any bank, company or corporation exercising banking powers or privileges, or to authorize any deductions allowed by this section from the value of any other item of taxation than credits. [R. S. 1874, ch. 120, § 27, p. 862.

12. [WHAT DEBTS NOT DEDUCTED.] § 28. 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. [R. S. 1874, ch. 120, § 28, p. 862.

13. [OATH PERJURY-FINES.] § 29. In all cases where deductions are claimed from credits, the assessor shall require that such deductions be verified by the oath of the person, officer or agent claiming the same; and any such person, officer or agent, knowingly or willfully making a fraudulent statement of such deductions claim.

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