Sixth-The assessed valuation of all its tangible property. Such schedule shall be made in conformity to such instruction and forms as may be prescribed by the auditor of public accounts. In all cases of failure or refusal of any person, officer, company or association to make such return or statement, it shall be the duty of the assessor to make such return or statement from the best information which he can obtain.

[As amended by act approved May 13, 1879. In force July 1, 1879. L. 1879, p. 252. Pacific Hotel Co. v. Leib, 83 Ill. 602.

33. Schedule returned-forwarded to auditor-State board of equalization to assess capital stock. 33. Such statements shall be scheduled by the assessor; and such schedule, with the statements so scheduled, shall be returned by the assessor to the county clerk. Said clerk shall, at the time he makes his report of assess ment, forward to the auditor all such schedules and statements [*864] so returned to him. The auditor shall, annually, on the meet ing of the State board of equalization, lay before said board the schedules and statements herein required to be returned to him; and said board shall value and assess the capital stock of such companies or associa tions, in the manner provided in this act.

[Pacific Hotel Co. v. Leib, 83 Ill. 605.

34. Franchise to be listed and valued. § 34. Every per son owning or using a franchise granted by any law of this State, shall, in addition to his other property, list the same as personal property, giv ing the total value thereof.

STATE AND NATIONAL BANKS.

35. How assessed and taxed. § 35. The stockholders in every bank located within this State, whether such bank has been organized under the banking laws of this State or of the United States, shall be assessed and taxed on the value of their shares of stock therein, in the county, town, district, village or city where such bank or banking association is located, and not elsewhere, whether such stockholders reside in such place or not. Such shares shall be listed and assessed with regard to the ownership and value thereof, as they existed on the first day of May, 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 provisions

of this act.

[Bank of Mendota v. Smith, 65 Ill. 44; People v. McCall, 43 Ill. 286; Danville B. & T Co. v. Parks, 88 Ill. 173; McVeagh v. Chicago, 49 Ill. 318; Chicago v. Lunt, 414; Supervisors, etc., v. Manny, 56 Ill. 160; Bradley v. People, 4 Wall. (U. S.) 459

36. List of stockholders to be kept, etc. § 36. In each such bank there shall be kept at all times a full and correct list of the 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; and it shall be the duty of the assessor to ascertain and report to the county clerk a correct list of the names and residences of all stockholders in any such bank, with the number and assessed value of all such shares held by each stockholder. 37. Shares listed in names of owners-tax extended. 37. The county clerk, to whom such returns are made, shall enter the valuation of such shares in the tax lists, in the names of the respective owners of the same, and shall compute and extend taxes thereon the same as against the valuation of other property in the same locality.

38. How tax on shares collected-lien. 38. The collector of taxes, and the officer or officers authorized to receive taxes from the collector, may, all or either of them, have an action to collect the tax assessed on any share or shares of bank stock from the avails of the sale of such share or shares; and the tax against such share or shares shall be and remain a lien thereon till the payment of said tax.

39. Dividends to be held for taxes-shares sold. § 39. For the purpose of collecting such taxes, it shall be the duty of every such bank, or the managing officer or officers thereof, to retain so much of any dividend or dividends belonging to such stockholders as shall be necessary to pay any taxes levied upon their shares of stock, respectively, until it shall be made to appear to such bank or its officers that such taxes have been paid; and any officer of any such bank who shall pay over or authorize the paying over of any such dividend or dividends, or any portion thereof, contrary to the provisions of this section, shall thereby become liable for such tax; and if the said tax shall not be paid, the collector of taxes where said bank is located shall sell said share or shares to pay the same, like other personal property. And in case of sale the provision of law in regard to the transfer of stock when sold on execution, shall apply to such sale.

MANNER OF LISTING AND VALUING THE PROPERTY

OF RAILROADS.

[*865]

40. Schedules-1st May. 40. Every person, company or corporation owning, operating or constructing a railroad in this State, shall return sworn lists or schedules of the taxable property of such railroad, as hereafter provided. Such property shall be listed and assessed with reference to the amount, kind and value on the first day of May of the year in which it is listed.

[S. & M. R. Co. v. County of Morgan, 14 Ill. 163; Huck v. C. & A. R. R. Co., 86 Ill. 354.

41. Time of filing schedule-form of same. $ 41. They shall, in the month of May of the year 1873, and at the same time in each year thereafter when required, make out and file with the county clerks of the respective counties in which the railroad may be located, a statement or schedule showing the property held for right of way, and the length of the main and all side and second tracks and turnouts in such county, and in each city, town and village in the county, through or into which the road may run, and describing each tract of land, other than a city, town or village lot, through which the road may run, in ac

cordance with the United States surveys, giving the width and length of the strip of land held in each tract, and the number of acres thereof. They shall also state the value of improvements and stations located on the right of way. New companies shall make such statement in May next after the location of their roads. When such statement shall have been once made, it shall not be necessary to report the description as hereinbefore required, unless directed so to do by the county board; but the company shall, during the month of May, annually, report the value of such prop erty, by the description set forth in the next section of this act, and note all additions or changes in such right of way as shall have occurred.

[C. & N. W. Ry. Co. y. Miller, 72 Ill. 145; Maus v. L. P. & B. R. R. Co., 27 Ill. 77. 42. "Railroad track” --description of. § 42. Such right of way, including the superstructures of main, side or second track and turnouts, and the station and improvements of the railroad company on such right of way, shall be held to be real estate for the purposes of taxation, and denominated "railroad track," and shall be so listed and valued; and shall be described in the assessment thereof as a strip of land extending on each side of such railroad track, and embracing the same, together with all the stations and improvements thereon, commencing at a point where such railroad track crosses the boundary line in entering the county, city, town or village, and extending to the point where such track crosses the boundary line leaving such county, city, town or village, or to the point of termination in the same, as the case may be, containing acres, more or less, (inserting name of county, township, city, town or village boundary line of same, and number of acres, and length in feet), and when advertised or sold for taxes, no other description shall be necessary.

['`. B. & Q. R. R. v. Paddock, 75 Ill. 616; Huck v. C. & A. R. R. Co., 86 Ill. 359 ; C. B. & Q. R. R. Co. v. Siders, 88 Ill. 323.

43. How "railroad track" listed and assessed. $43; The value of the "railroad track" shall be listed and taxed in the several counties, towns, villages, districts and cities, in the proportion that the length of the main track in such county, town, village, district or city bears to the whole length of the road in this State, except the value of the side or second track, and all turnouts, and all station houses, depots, machine shops, or other buildings, belonging to the road, which shall be taxed in the county, town, village, district or city in which the same are located.

[Huck v. C. & A. R. R. Co., 86 Ill. 359.

99

44. "Rolling stock "— schedule. § 44. The movable prop erty belonging to a railroad company shall be held to be personal prop erty, and denominated, for the purpose of taxation, "rolling stock. Every person, company or corporation owning, constructing or operating a railroad in this State, shall, in the month of May, annually, return a list or schedule, which shall contain a correct detailed inventory of all the rolling stock belonging to such company, and which shall distinctly set forth the number of locomotives of all classes, passenger cars of all classes, sleeping and dining cars, express cars, baggage cars, horse cars,

cattle cars, coal cars, platform cars, wrecking cars, pay cars, hand cars, and all other kinds of cars.

45. How "rolling stock" listed and taxed. $45. The rolling stock shall be listed and taxed in the several counties, [*866]

towns, villages, districts and cities, in the proportion that the length of the main track used or operated in such county, town, village, district or city bears to the whole length of the road used or operated by such person, company or corporation, whether owned or leased by him or them in whole or in part. Said list or schedule shall set forth the number of miles of main track on which said rolling stock is used in the State of Illinois, and the number of miles of main track on which said rolling stock is used elsewhere.

46. Personalty and real estate other than "rolling stock" and "railroad track," where listed. § 46. The tools and materials for repairs, and all other personal property of any railroad except "rolling stock," shall be listed and assessed in the county, town, village, district or city wherever the same may be on the first day of May. All real estate, including the stations and other buildings and structures thereon, other than that denominated "railroad track," belonging to any railroad, shall be listed as lands or lots, as the case may be, in the county, town, village, district or city where the same are located.

47. How such other personal and real property to be assessed. $47. The county clerk shall return to the assessor of the town or district, as the case may require, a copy of the schedule or list of the real estate (other than "railroad track,") and of the personal property (except "rolling stock,") pertaining to the railroad; and such real and personal property shall be assessed by the assessor. property shall be treated in all respects, in regard to assessment and equalization, the same as other similar property belonging to individuals, except that it shall be treated as property belonging to railroads, under the terms, "lands,' lots," and "personal property."

Such

48. Railroad returns to auditor. § 48. At the same time that the lists or schedules are hereinbefore required to be returned to the county clerks, the person, company or corporation running, operating or constructing any railroad in this State, shall return to the auditor of public accounts sworn statements or schedules, as follows:

First-Of the property denominated "railroad track," giving the length of the main and side or second tracks and turnouts, and showing the proportions in each county, and the total in the State.

Second-The "rolling stock," giving the length of the main track in each county, the total in this State, and the entire length of the road.

Third-Showing the number of ties in track per mile, the weight of iron or steel per yard, used in main and side tracks; what joints or chairs are used in track, the ballasting of road, whether gravel or dirt, the number and quality of buildings or other structures on "railroad track," the length of time iron in track has been used, and the length of time the road has been built.

Fourth-A statement or schedule showing:

1. The amount of capital stock authorize, and the number of shares into which such capital stock is divided.

2. The amount of capital stock paid up.

3. The market value, or if no market value, then the actual value of the shares of stock.

4. The total amount of all indebtedness, except for current expenses for operating the road.

5. The total listed valuation of all its tangible property in this State. Such schedule shall be made in conformity to such instructions and forms as may be prescribed by the auditor of public accounts.

[Porter v. R. R. I. & St. L. R. R. Co., 76 Ill. 561; Huck v., C. & A. R. R. Co., 86 Ill. 359.

49. Neglect to return. $49. If any person, company or corporation, owning, operating or constructing any railroad, shall neglect to return to the county clerks the statements or schedules required to be returned to them, the property so to be returned and assessed by the assessor shall be listed and assessed as other property. In case of failure to make returns to the auditor, as hereinbefore provided, the auditor, with the assistance of the county clerks and assessors, when he shall [*867] require such assistance, shall ascertain the necessary facts and lay the same before the State board of equalization. In case of failure to make said statements, either to the county clerk or auditor, such corporation, company or person shall forfeit, as a penalty, not less than $1,000 nor more than $10,000 for each offense, to be recov ered in any proper form of action, in the name of the people of the State of Illinois, and paid into the State treasury.

50. Schedules-board to assess railroad property. § 50. The auditor shall, annually, on the meeting of the State board of equalization, lay before said board the statements and schedules herein required to be returned to him; and said board shall assess such property in the manner hereinafter provided.

51. Railroad tax book-extending and collecting tax. 51. The county clerk shall procure, at the expense of the county, a record book, properly ruled and headed, in which to enter the railroad property of all kinds, as listed for taxation, and shall enter the valua tions as assessed, corrected and equalized, in the manner provided by this act; and against such assessed, corrected or equalized valuation, as the case may require, the county clerk shall extend all the taxes thereon for which said property is liable. And at the proper time fixed by this act for delivering tax books to the county collector, the clerk shall attach a warrant, under his seal of office, and deliver said book to the county collector, upon which the said county collector is hereby required to col lect the taxes therein charged against railroad property, and pay over and account for the same in the manner provided in other cases. Said book shall be returned by the collector and be filed in the office of the county clerk for future use.

52. Description of platted land. § 52. When any railroad company shall make or record a plat of any contiguous lots or land belonging to it, the same may be described as designated

plat.

parcels of

on such