MORTGAGES (Continued). prior to the execution of the mortgage, and that by inadvertence the stipulation was overlooked in drawing the judgment, the judgment will be ordered, upon appeal, to be modified in accordance with the alleged stipulation.-Id. 16. GROWING CROPS - PRIORITY OF MORTGAGES-MODE OF EXECUTION— CHATTEL MORTGAGE-MORTGAGE UPON RENTS AND PROFITS.-A mortgage upon a growing crop must be executed with the formalities prescribed in section 2956 of the Civil Code, otherwise it is void as against a subsequent mortgage of the crop in good faith; and a prior mortgage of the land, together with the "rents, issues, and profits thereof," whatever its effect may be as between the parties thereto, as a lien upon all the crops that might thereafter grow upon the land, it cannot, if executed only as a real estate mortgage, prevail over a subsequent properly executed chattel mortgage of the growing crop of a subsequent year.Simpson v. Ferguson, 180. 17. CONSTRUCTION OF CODE-EXCLUSIVE METHOD OF MORTGAGE-GROWING CROPS A CHATIEL.-The legislature intended by the provisions of section 2955 of the Civil Code, and the following sections, to provide an ex. clusive mode for the mortgaging of growing crops, and intended to declare that for such purposes growing crops shall be regarded as a chattel.-Id. 18. EFFECT OF MORTGAGE UPON LAND-RIGHT OF MORTGAGOR TO INTER MEDIATE CROPS.-A mortgage upon the land with its rents and, profits is limited in its effect, so far as growing crops are concerned, to crops growing upon the land at the time of foreclosure, and does not vest in the mortgagee a right to the crop grown intermediate the giving of the mortgage and its foreclosure, but the mortgagor is entitled to such crops, and may exercise as absolute dominion over them as if the mortgage did not exist.-Id. 19. CHATTEL MORTGAGE-AUTHORIZED SALE BY MORTGAGOR-LOSS OF LIEN -TITLE TO PROCEEDS-ATTACHMENT OF UNPAID PURCHASE MONEY.Where the mortgagees of sheep under a chattel mortgage authorized the mortgagor to make sale of the sheep, he agreeing to deposit the proceeds in bank to the credit of the mortgagees, the lien upon the sheep is lost and extinguished by the sale, and is not transferred to the proceeds in the hands of the mortgagor, but such proceeds are the property of the mortgagor until collected and paid over to the mortgagees, and unpaid purchase money may be attached by creditors of the mortgagor. Maier v. Freeman, 8. 20. TITLE TO MORTGAGED PROPERTY-EFFECT OF AGREEMENT TO SELLTRUST EQUITABLE ASSIGNMENT.-In this state, and presumptively in another state, the title to personal property upon which a chattel mortgage is given remains in the mortgagor, and does not pass to the mort gagee; and the effect of an agreement that the mortgagor shall sell the mortgaged property and collect and pay the proceeds to the mortgagees cannot be to create a trust in the proceeds of sale, or an equitable assign ment thereof to the mortgagees. -Id. 21. PREMATURE ATTACHMENT-PRIORITY OF LIENS.-There can be no at tachment of the proceeds of the sale by the mortgagee prior to the com pletion of the sale, and an attachment served upon the proposed purchaser MORTGAGES (Continued). before the sheep had been weighed or delivered to him, is premature and invalid, and a garnishment under an execution in his favor is subject to other attachments levied after the completion of the sale and prior to such garnishment.-Id. 22. CHATTEL MORTGAGE-DOMESTIC ANIMALS-TITLE TO OFFSPRING.-The rule that a chattel mortgage of domestic animals extends to the increase of the animals during the life of the mortgage, whether the terms of the mortgage includes such increase or not, can only apply where the mortgage passes title to the property mortgaged. It does not apply in this state under the provisions of the Civil Code by which the mortgagor is not divested of the title to the mortgaged property, by the execution of the chattel mortgage, but still remains its owner, while the mortgagee has only a lien thereon, but the mortgagor, who retains the possession of the mortgaged property, is entitled to whatever income or profit may be derived from the use of the property, and is the owner of the offspring or increase of domestic animals mortgaged, which are begotten and born after the execution of the mortgage, and prior to its foreclosure.-Shoobert v. De Motta, 215. See ESTATES OF DECEASED PERSONS, 11; HOMESTEAD, 1; REForm- MUNICIPAL CORPORATIONS. 1. SEWER FUND MONEYS REMAINING IN SUBSEQUENT YEAR-RIGHTS OF CLAIMANT.The moneys in the sewer fund of a city for any fiscal year can be used for no other purpose than the payment of the legitimate claims of that year until they are all met and extinguished; and it is only an excess that can be carried into the sewer fund of a subsequent year, or transferred to the general fund to meet deficiencies therein; nor does the fact that the moneys of a previous fiscal year remain in the treasury in a subsequent year make them part of the fund of that subsequent year, but they still remain a part of the fund of the previous year, and a rightful claimant of that fund cannot be robbed of his due by a technical transfer of its moneys into the fund of the later year before adjustment and settlement of all demands of the previous year.-Bilby v. McKenzie, 143. 2. DISPUTED CLAIM-MANDAMUS-DEFENSE OF TREASURER-DEMURRER.— Where there is a disputed claim against the sewer fund of a previous year which remains in the treasury, it is sufficient for the treasurer and the municipal authorities to show, by way of defense to a mandamus to compel the payment of the same upon a demand arising against the sewer fund of the subsequent year, that the disputed claim had previously been recognized as valid, and was being pressed in the courts in good faith; and a demurrer to such defense is improperly sustained.—Id. 3. INTERVENTION BY CLAIMANT - ADVERSE DECISION - APPEAL.-An intervention by the claimant of the disputed claim in such mandamus suit against the treasurer is not permissible, nor can issues determined against such claimant, in an action brought by him against the city and its treasurer to compel payment of his claim, be retried upon such intervention, but his rights must be determined upon appeal from the MUNICIPAL CORPORATIONS (Continued). decision rendered against him; and a demurrer to his complaint in intervention is properly sustained.—Id. 4. COUNTIES-CONTRACT PAYABLE IN INSTALLMENTS-LIABILITY IN EXCESS OF REVENUE-CONSTITUTIONAL LAW.-A contract by a county for work to be done in the future, to be paid for in installments as the work progresses, where the installments payable in any one year do not exceed the revenue of that year, does not, at the time of entering into the contract, create any debt or liability for the aggregate amount of the installments to be paid under it, but only creates such debt or liability as may arise from year to year in separate amounts as the work is performed; and such contract is valid, and not within the prohibition of section 18 of article XI of the constitution, and of sections S and 36 of the County Government Act of 1891, by which a county is forbidden to "incur any indebtedness or liability in any manner, or for any purpose, exceeding in any year the income and revenue provided for it for such year."-Smilie v. Fresno County, 311. 5. INCURRING INDEBTEDNESS IN EXCESS OF REVENUE-ILLEGAL TAXATION. INJUNCTION. —An action will lie to enjoin the supervisors, auditor, and treasurer of the city and county of San Francisco from incurring any indebtedness or expenses in excess of the revenue provided for the fiscal year, and to enjoin the supervisors from levying any tax or making any provision for the payment of the deficiency out of the public funds provided for the ensuing fiscal year.-Bradford v. City and County of San Francisco, 537. 6. POWER OF MUNICIPAL OFFICERS - NEEDS OF MUNICIPALITY.—When the revenue of a municipal corporation necessary for a given year has been determined, and such revenue collected and expended before the expiration of the fiscal year, the city officers cannot, for the purpose of providing for the present needs of the municipality during the residue of the year, incur debts and liabilities, to be met and discharged from the revenues of a subsequent year, unless two-thirds of the qualified electors voting at an election held for that purpose shall have authorized the same as provided in section 18 of article XI of the constitution. Id. 7. ACTION BY TAXPAYER-LIEN - CLOUD UPON TITLE. A taxpayer and property holder may invoke the interposition of equity to enjoin municipal officers from creating illegal debts, and from levying and collecting taxes in payment thereof, where such taxes, when levied, will become a lien upon the real property of the plaintiff, and will cast cloud upon his title.-Id. 8. HIGH LICENSE TO TRAVELING SALESMEN-VALIDITY OF ORDINANCE. An ordinance of a municipal corporation having power to license all and every kind of business transacted or carried on within its limits, may lawfully impose upon traveling salesmen a license of fifty dollars per quarter, although a less amount is imposed upon those who sell at a fixed place of business within the municipality; and such ordinance is not unreasonable, oppressive, nor unlawful in its discriminations. Ex parte Haskell, 412. - 9. INTENDMENTS IN FAVOR OF ORDINANCE-POWER OF MUNICIPALITY. Every intendment is to be indulged in favor of the validity of a munici MUNICIPAL CORPORATIONS (Continued). pal ordinance imposing a license fee for the carrying on of a particular business within its limits, and such ordinance must be very clearly unreasonable or oppressive, or unlawfully discriminating, in order to be held invalid, it being the province and right of the municipality to regu late its local affairs, and the duty of the court to uphold such regulations, unless manifestly transcending the power of the municipality.-Id. 10. POWER TO LICENSE-DISCRIMINATION.-The power to license for purposes of regulation and revenue is a branch of the taxing power, and involves the right to discriminate between different trades, and between essentially different methods of conducting the same general character of business or trade; and there is no unlawful discrimination, in requiring a special license fee for traveling salesmen, where there is no discrimination in favor of residents or against nonresidents of the municipality.-Id. 11. EFFECT OF TITLE OF ORDINANCE-CONSTITUTIONAL LAW.-The constitutional provision that acts of the legislature shall embrace but one subject, which shall be expressed in the title, has no application to municipal ordinances.-Id. 12. DISPOSITION OF SEWAGE OUT OF CITY LIMITS-VALIDITY OF CONTRACT -POWER OF TRUSTEES.-Proper sewers are essential to the hygiene and sanitation of a municipality, and the board of trustees of a city having power to establish, construct, and maintain drains and sewers have power to contract for the disposition of the outfall outside of the city limits as an essential part of the maintenance of a sewer system; and a contract by such board of trustees for a sewer farm for the reception and treatment of the waste matter from the sewers of the city, and to pay annually a specified sum therefor, for the period of five years, is valid, operative, and binding upon the city.-McBean v. City of Fresno, 159. 13. CONTRACT FOR INDEBTEDNESS IN EXCESS OF REVENUE. -The contract for future annual payments for the sewer farm is not for a present liability, and is not obnoxious to the provision that contracts for indebt. edness in excess of the revenue for each year are void, where the annual payments, as they fall due in each year, are within the revenue of that year provided for the sewer fund; though the contractor takes the risk that, if there are not revenues sufficient for any one year to meet the annual payment for that year as it falls due, he must lose the unpaid claim, as no claim for any one year can be carried forward as a charge against the income and revenue of a succeeding year. -Id. 14. POWER OF CITY TO MAKE CONTRACTS IN FUTURO - RESTRAINT UPON LEGISLATIVE POWER-Although the courts look with disfavor upon contracts by municipalities involving the payment of moneys which extend over a long period of time, as tending to create a monopoly, and to involve an undue restraint of the legislative power of the successors of the municipal board, and they will not be upheld without a clear showing of a reasonable necessity for their execution; yet, where it appears that, at the time such a contract was entered into, it was fair and reasonable, and prompted by the necessities of the case, or was then advantageous to the municipality, it will be upheld, and not construed as an unreasonable restraint upon the powers of succeeding MUNICIPAL CORPORATIONS (Continued). boards, in the absence of express limitation as to the period of time for which a contract may be made. -Id. 15. FUNDING OF CITY INDEBTEDNESS ORDINANCE NOTICE OF ELEC TIONS. Assuming an election to be necessary to warrant the funding of the indebtedness of a city, an ordinance calling an election of the qualified voters of the city to be held on a day therein named, more than ten days subsequent to the date of the ordinance, and prescribing the manner of conducting the election, naming the precincts, polling-places, and officers of election, and providing that if two-thirds of the electors voting should vote in favor of the issuing of bonds to a specified amount to fund the indebtedness of the city, and specifying the character and terms of the bonds to be issued, gives of itself sufficient notice of the election; and the fact that the ordinance was not published for a full period of ten days before the election, and that it was "to take effect and be in force" only at the expiration of the ten days' publication, did not lessen its effect as a notice; and the contention that ten days' notice of the election was not given, as required by law, cannot be sustained.-City of Los Angeles v. Teed, 319. 16. CONSTRUCTION OF CODE-APPLICABILITY OF FUNDING PROVISIONS.-Sections 4445 to 4449 of the Political Code as enacted in 1880, and amended in 1881, authorizing “the board of trustees or municipal council of any city having an outstanding indebtedness on the first day of January, 1880, evidenced by bonds or warrants thereof," to fund or refund the same by a two-thirds vote of such board or council, are applicable to all cities having such outstanding indebtedness, though organized prior to the adoption of the code; and those sections provide the methods to be pursued in funding or refunding any indebtedness of any city which was outstanding on the 1st of January, 1880.-Id. 17. JUDICIAL NOTICE - ORGANIZATION OF MUNICIPAL INCORPORATIONS. — The courts are bound to take judicial notice of the fact that no city was ever organized under the code. -Id. 18. PRESUMPTION - KNOWLEDGE OF LEGISLATURE EFFECTIVENESS OF STATUTE. —An act of the legislature being essential to the organization of a municipal corporation, it must be presumed that the legis lature, when enacting sections 4445 to 4449 of the Political Code, was aware that no city had been organized under the code; and as it cannot be supposed that the legislature intended to pass an act which could not have any effect whatever, if not applicable to cities organized prior to the code, it must be held to have intended to make those sections so applicable, in order to give them effect. -Id. 19. CONSTITUTIONAL LAW - CREATION OF INDEBTEDNESS ASSENT OF VOTERS-FUNDING DEBT CREATED PRIOR TO CONSTITUTION-CHANGE OF EVIDENCE OF DEBT.-Sections 4445 to 4449 of the Political Code, in providing for the issuance of bonds for the funding of the indebtedness of cities having an outstanding indebtedness on the 1st of January, 1880, by a vote of two-thirds of the members of the city council, without submission of the matter to the vote of the people, provide only for a mere change in the form of the evidence of indebtedness and not for the creation or incurring of a new indebtedness or liability, within the meaning of section |