3 Conn. 15 | Conn. | 1819
The general question in this case, is, whether bank stock, the property of the Hartford Fire: Insurance company, is taxable in the town of Hartford. The list-ers of that town gave notice to the inhabitants of it, to bring in their lists ; and for an omission on the part of the Hartford Fire Insurance company, they were four-folded. The money has been collected of them; and to recover it back, is the object of the present suit.
The law concerning taxation, by its general policy, operates noton corporations, but on individuals; and in respect of personal estate, it is usually rated in the town where the individual dwells. It may justly be required of the defendants to shew some word or expression, which authorised the levying of the tax complained of, in the town of Hartford. The term “ inhabitants” is selected ; and hence it becomes a fundamental en-quiry, whether it embraces the Hartford Fire Insurance company. This word has a technical sense, which has no bearing on this enquiry. The popular sense of the term is the same as resident, or one who lives in a place. An inhabitant necessarily implies an inhabitation, an abode, a place of dwelling. It
We have before us the case of a corporation, which has no local limits ; the members and officers of which are scattered abroad, and may reside any where ; and which has no land, which it occupies, by its'servants or bailiffs. In Hartford, this corporation has an office for the transaction of business ; and this is the only circumstance, on which it is contended to be an inhabitant. This office need not be the property of the corporation ; and its contracts are valid, if made in any other town. It is merely a place prescribed, to which persons, desirous to obtain insurance, may apply. Now, I am at a loss to conceive, by what analogy, or figure of speech, in the absence of all usage, an invisible, incorporeal entity may be said to reside in a place, on the slight ground contended for. I am clear, that the Hartford Fire Insurance company is not the inhabitant of any town ; and I am not disposed to put the
Ha(l the subject been contemplated by the legislature, it is more than probable that the bank stock of corporations would have been taxed somewhere. Perhaps, in pursuance of the'spirit and policy of the taxation system, the individual members would have been rated for their shares of the stock in the places of their residence. This is the manner in which bank stock is taxed ; and to this end the law of October, 1807,
It is the province of the court jus dicere, non dare ; and without reference to any ideas of abstract justice, or fitness, the law must be the rule of our determination. If the general assembly, in the system adopted by them, had used any expressions, which, on the most liberal construction, would have rendered this corporation taxable in Hartford, I should gladly' have seized upon it. Satisfied that they have not, I would advise judgment for the plaintiffs, for the money paid and interest.
Judgment to be entered for the plaintiffs,
Tit. 102. c. 2.
By the act of May, 1819, adopting a new system of taxation, and repealing the former statutes on the same subject, the owners of stock, in any bank or insurance company in this state, are liable to be taxed by a valuation of such stock, to be set in the list at six per cent, on such value. 2 Stat. Conn. 340. R.