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· 9/15/1871

Van Inwagen v. City of Chicago

Citations

  • 61 Ill. 31

Syllabus

<p>1. Insurance—of the taxation of foreign companies in Chicago. The 5th section of the act of February 13, 1863, entitled “An act to reduce the charter of the city of Chicago and the several acts amendatory thereof into1 one act, and to revise the same,” which provides that insurance companies not incorporated under the laws of this State, and doing business in said city, shall pay into the city treasury two per cent of the premiums on all insurance effected in said city, is repealed by section 30 of the act of March 10,1869, entitled “An act to incorporate and to govern fire, marine and inland navigation insurance companies.”</p> <p>2. And the repealing act took from the city the right to sue for such per cent due on premiums by virtue of the former act, prior to and at the time of the repealing statute, as the repealing act contained no clause saving such right, and the same was not a vested right.</p> <p>3. When a statute gives'a right in its nature not vested but remaining executory, if it does not become executed before a repeal of the law giving the right, it falls with the law and it can not thereafter be enforced.</p>

Judges: Breese

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