There is no question upon the facts in this case that the assessment of those persons was illegal and being so it was void ab initio, see judgment of Strong, C.J., in City of London v. Watt & Sons, supra. If void ab initio it is as regards these persons unlawfully assessed as if it had never existed, and that being so it could not form the basis of a legal voters’ list so far as these particular names were concerned. The voters’ list based upon a non-existent assessment is equally void.
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