prior to such filing; and it shall be the duty of the department of health or other department by municipal ordinance designated for that purpose, upon the entry of such judgment, to forthwith file the copy as aforesaid, and such copy upon filing shall be forthwith indexed by the recorder in the index of mechanics' liens,

SEC. 93. In any action or proceeding instituted by the departments charged with the enforcement of this act the plaintiff or petitioner may file in the county recorder's office of the county where the property affected by such action or proceeding is situated a notice of the pendency of such action or proceeding. Said notice may be filed at the time of the commencement of the action or proceeding, or at any time afterwards before final judgment or order, or at any time after the service of any notice or order issued by said department. Such notice shall have the same force and effect as the notice of pendency of action provided for in the Code of Civil Procedure. Each county recorder with whom such notice is filed shall record it, and shall index it in the name of each person specified in a direction subscribed by an officer of the department instituting such action or proceeding. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding was instituted or is pending. The recorder of the county where such notice is filed is hereby directed to mark such notice and any record or docket thereof as canceled of record upon the presentation and filing a certified copy of such order.

SEC. 94. Every owner of a tenement house and every lessee of the whole house, or other person having control of a tenement house, shall file in the department of health a notice containing his name and address, and also a description of the property, by street and number, and otherwise, as the case may be, in such manner as will enable the departments charged with the enforcement of this act to easily find the same; and also the number of apartments in each house, the number of rooms in each apartment, and the number of families occupying the apartments. In case of a transfer of any tenement house it shall be the duty of the grantee of said tenement house to file in the department of health a notice of such transfer, stating the name of the new owner, within 30 days after such transfer. In case of the devolution of the said property by will it shall be the duty of the executor and the devisee, if more than 21 years of age. and in the case of devolution of such property by inheritance without a will it shall be the duties of the heirs, or in case all the heirs are under age, it shall be the duty of the administrator of the deceased owner of said property to file in said department a notice, stating the death of said owner and the names of those who have succeeded to his interests, within 30 days after the death of the decedent, in case he died intestate, and within 30 days after the probate of his will, if he died testate.

SEC. 95. Every owner, agent, or lessee of a tenement house shall file in the depart. ment of health a notice containing the name and address of such agent of such house for the purpose of receiving service of process, and also a description of the property, by street and number or otherwise, as the case may be, in such manner as will enable the department charged with the enforcement of this act to easily find the same. The name of the owner or lessee may be filed as agent for this purpose.

SEC. 96. The names and addresses filed in accordance with sections 94 and 95 shall be indexed by the department of health in such a manner that all of those filed in relation to each tenement house shall be together and readily ascertainable. The department of health shall provide the necessary books and clerical assistance for that purpose, and the expense thereof shall be paid by the municipality. Said indexes shall be public records, open to public inspection during business hours.

SEC. 97. Every notice or order in relation to a tenement house shall be served five days before the time for doing the thing in relation to which it shall have been issued. SEC. 98. In any action brought by any department charged with the enforcement of this act in relation to a tenement house for injunction, vacation of the premises, or other abatement of nuisance, or to establish a lien thereon, it shall be sufficient service

of summons to serve the same as notices and orders are served under the provisions of the Code of Civil Procedure.

SEC. 99. A tenement house shall be subject to a penalty of $1,000 if it or any part of it shall be used for the purposes of a house of prostitution or assignation of any description, with the permission of the owner thereof, or his agent, and said penalty shall be a lien upon the house and the lot upon which the house is situated.

SEC. 100. A tenement house shall be deemed to have been used for the purposes specified in the last section with the permission of the owner or lessee thereof, if summary proceedings for the removal of the tenants of said tenement house, or so much thereof as is unlawfully used, shall not have been commenced within five days after notice of such unlawful use, served by a department charged with the enforcement of this act in the manner presrcibed by law for the service of notices and orders in relation to tenement houses.

SEC. 101. In a prosecution against an owner or agent of a tenement house under section 316 of the Penal Code, or in an action to establish a lien under section 99 of this act, the general reputation of the premises in the neighborhood shall be competent evidence, but shall not be sufficient to support a judgment without corroborative evidence, and it shall be presumed that their use was with the permission of the owner or lessee: Provided, That such presumption may be rebutted by evidence.

SEC. 102. Said action shall be brought against the tenement house as defendantSaid house may be designated in the title of the action by its street and number or in any other method sufficiently precise to secure identification. The property shall be described in the complaint. The plaintiff, except as hereinafter provided, shall be any department charged with the enforcement of this act.

SEC. 103. Said action shall be brought in the superior court in the county or city and county in which the property is situated. At or before the commencement of the action the complaint shall be filed in the office of the clerk of the county or city and county, together with a notice of the pendency of the action, containing the names of the parties, the object of the action, and a brief description of the property affected thereby.

SEC. 104. The judgment in such action, if in favor of the plaintiff, shall establish the penalty sued for as a lien upon said premises, subject only to taxes, assessments, and to such mortgages and mechanics' liens as may exist thereon prior to the filing of the notice of pendency of the action.

SEC. 105. All statutes of the State and ordinances of incorporated towns, incorporated cities, and cities and counties, as far as inconsistent with the provisions of this act, are hereby repealed: Provided, That nothing in this act contained shall be construed as repealing or abrogating any present law or ordinance in any incorporated town, incorporated city, or city and county of the State, further restricting the percentage of the lot to be covered by a tenement house, the number of stories or the height of such house, the number of apartments therein, the occupation thereof, the materials to be used in its construction, or increasing the size of yards or courts, the air space to each individual occupying a room, the requirements as to sanitation, ventilation, light, protection against fire.

SEC. 106. Nohting in this act contained shall be construed as abrogating, diminishing, minimizing, or denying the power of any incorporated town, incorporated city, or city and county by ordinance to further restrict the percentage of the lot to be covered by a tenement house within said municipality, the number of stories or the height of such house, the number of apartments therein, the occupation thereof, the materials to be used in its construction, or increasing the size of yards or courts, the air space to each individual occupying a room, the requirements as to sanitation, ventilation, light, protecton against fire.

SEC. 107. Except as herein otherwise provided, every tenement house shall be constructed and maintained in conformity with the existing law, but no ordinance, regulation, or ruling of any municipal authority shall repeal, modify, or dispense with any provisions of this act.

SEC. 108. All improvements specifically required by this act upon tenement houses erected prior to its date of passage shall be made within one year from said date, or at such earlier period as may be fixed by the boards of health charged with the enforcement of this act.

SEC. 109. All steam boilers, heating furnaces, or water-heating apparatus using any fuel other than coal gas or natural gas installed in the basement or cellar of any tenement building shall be inclosed in a room with walls of masonry, reenforced concrete, terra cotta, or tile from the basement or cellar floor to the bottom of the first-floor joists and the ceiling of same construction or of not less than three-fourths inch plaster on metal lath.

All windows shall be of wire glass not less than one-quarter of an inch thick, in metal frames and sashes. All doors leading from said room shall be fire doors and either run on tracks or arranged to swing out and to close automatically.

All fire doors shall overlap the wall at least 3 inches at side and top. Sills shall be of metal at least one-quarter of an inch thick on masonry, or of masonry, and have horizontal faces extending under fire doors and outer edges flush with outer surface of fire doors.

Top of sliding door shall conform to incline on the track, which shall be threequarters inch to the foot. No door shall be hung on wooden frames or in contact with any woodwork.

Doors shall be made of three thicknesses of seven-eighths inch by 6 inch tonguedand-grooved red wood boards, surfaced both sides, the outer thickness to be placed vertical or diagonal and the inner thickness to be horizontal, nailed with clinched nails.

Doors shall be entirely covered with good tin plate ("IC" charcoal, 109 pounds to the box), not over 14 inches by 20 inches in size, laid with locked joints covering nail heads, and all vertical seams shall be double locked. No solder shall be used.

All doors shall have hinges, hangers, latches, and chafing strips of wrought iron bolted to the doors, and shall have steel tracks (when sliding doors) and wrought-iron stops and binders bolted through the wall. Swinging doors shall have wall eyes of wrought iron built into or bolted through the wall.

Where oil is burned, every doorway shall have a masonry sill rising not less than 6 inches from the floor.

Where oil is burned, the oil shall not be fed to the furnace by a gravity flow.

All tenement houses hereafter constructed of more than two stories in height shall have at least two standard fire escapes, one of which shall be on the front of said tenement house. Tenement houses over two stories in height hereafter constructed located on corner lots shall have at least one standard fire escape, constructed as hereinafter described, placed upon each front of the building upon each frontage upon each street.

The fire-escape balconies of said standard fire escapes shall commence at the level of the second floor, and one such fire-escape balcony shall be placed at the level of each floor above such second floor, and from the topmost balcony shall extend an iron gooseneck ladder over the fire wall to the roof.

SEC. 110. Every person desiring to construct or alter a tenement house shall obtain a permit from the department charged with the enforcement of this act. Every owner or lessee of a tenement house shall obtain at the beginning of each year a license from the health department of the incorporated town, incorporated city, or city and county in which said tenement house is situated.

Drugs-Mislabeled or Misbranded—Hearing before State Board of Health. (Chap. 358, Act June 13, 1913.)

SECTION 1. Section 6 of an act entitled "An act for the prevention of the manufacture, sale, or transportation of adulterated, mislabeled, or misbranded drugs, regulating the traffic in drugs, and providing penalties for violation thereof," approved March 11, 1907, is hereby amended to read as follows:

"SEC. 6. Drugs shall be deemed mislabeled or misbranded under the meaning of this act in either of the following cases:

"First. If it be an imitation of or offered for sale under the name of another article. "Second. If the contents of the package as originally put up shall have been removed, in whole or in part, and other contents shall have been placed in such package, or if the package as offered for sale at retail or wholesale fail to bear a statement on the label of the per cent of volume of alcohol, or the quantity of any morphine, opium, cocaine, heroin, alpha or beta eucaine, chloroform, cannabis indica, chloral hydrate, acetanilide, or any derivative or preparation of any such substances contained therein, except when prescribed by a licensed physician, licensed dentist, or licensed veterinary surgeon.

"Third. If its package or label shall bear or contain any statement, design, or device regarding the curative or therapeutic effect of such article, or any of the ingredients or substances contained therein, which is false and fraudulent."

SEC. 2. Section 15 of said act is hereby amended to read as follows: "SEC. 15. When the examination or analysis of the director of the State laboratory shows that any of the provisions of this act have been violated, notice of that fact, together with a copy of the certificate of the findings, shall be furnished to the party or parties from whom the sample was obtained or who executed the guaranty as provided in this act, and a date shall be fixed by the secretary of the board of health at which time said party or parties may be heard before the State board of health or any two members thereof and the secretary. The hearing shall be held at such times and places as may be designated by the State board of health, and at least 15 days' notice thereof shall be first served upon the party complained of. These hearings shall be private and confined to questions of fact. The parties interested therein may appear in person or by attorneys and may propound the interrogatories and submit oral or written evidence to show any fault or error in the findings made by the director of the State laboratory. If the examination or analysis be found correct, or if the party or parties fail to appear at such hearing, after notice duly served as provided herein, the secretary of the State board of health shall forthwith transmit a certificate of the facts so found to the district attorney of the county in which said adulterated, mislabeled, or misbranded drug was found. No publication thereof shall be made until after said hearing is concluded."

Cold-storage Warehouses-License Required-Inspection Care of Foodstuffs in. (Chap. 360, Act June 13, 1913.)

SECTION 1. The term "cold storage" as used in this act shall be construed to mean a place artificially cooled to a temperature of 40° F. or below, but shall not include such a place in a private home. The term "cold stored" as used in this act shall be construed to mean the keeping of "articles of food," excepting eggs and butter, in "cold storage" for a period exceeding 30 days: Provided, however, That when the term "cold stored" is used in connection with eggs and butter it shall mean the keeping of these "articles of food" in "cold storage" for any length of time whatever. The term "articles of food" as used in this act shall be construed to mean and include fresh meat and fresh-meat products (except in process of manufacture), fresh fruit and vegetables, fish, shellfish, game, poultry, eggs, butter, and cheese. The term

"storer" as used in this act shall be construed to mean the person or persons who offer articles of food for cold storage.

SEC. 2. Any person, firm, or corporation desiring to operate a public cold storage or refrigerating warehouse shall make application in writing to the State board of health for that purpose, stating the location of its plant or plants. On receipt of the appli cation the State board of health shall cause an examination to be made into the sanitary condition of said plant or plants and if found to be in a sanitary condition and otherwise properly equipped for the business of cold storage, the State board of health shall cause a license to be issued authorizing the applicant to operate a cold storage or refrigerating warehouse for and during a period of one year. The license shall be issued upon payment by the applicant of a license fee of $50 to the State board of health. The secretary of the State board of health shall keep a full and correct account of all fees received under the provisions of this act, and shall at least once each month deposit all such fees collected with the State treasurer, and make a detailed report covering same to the State controller, and such moneys shall be credited to the traveling and contingent fund of the State board of health, to be used exclusively for the purposes of this act.

SEC. 3. In the event that any place or places, or any part thereof, covered by a license under the provision of this act shall at any time be deemed by the State board of health to be in an unsanitary condition, it shall be the duty of the State board of health to notify licensee of such condition and upon the failure of the licensee to put said specified place or places, or the specified part thereof, in a sanitary condition within a designated time it shall be the duty of the State board of health to prohibit the use under its license such specified place or places, or part thereof, as it deems in an unsanitary condition until such time as it may be put in a sanitary condition.

SEC. 4. It shall be the duty of any person, firm, or corporation licensed to operate a cold-storage or refrigeration warehouse to keep an accurate record of the receipts and the withdrawals of the articles of food, and the State board of health shall have free access to these records at any time. Every such person, firm, or corporation shall, furthermore, submit a quarterly report to the State board of health setting forth in itemized particulars quantity of food products held in cold storage. Such quarterly reports shall be filed on or before the 25th day of January, April, July, and October of each year, and the reports so rendered shall show the conditions existing on the first day of the month in which the report is filed. The State board of health shall have the authority to require such reports to be made at more frequent intervals than the times herein specified, if in the judgment of the State board of health more frequent reports shall be needed in the interest of a proper enforcement of this act, or for other reasons affecting the public welfare.

SEC. 5. No storer shall place in cold storage any article of food intended for human consumption if diseased, tainted, or deteriorated so as to injure its keeping qualities, or if not slaughtered, handled, and prepared for storage in accordance with the pure-food and sanitary-food laws and such rules and regulations as may be prescribed by the State board of health for the sanitary preparation of food products for cold storage under the authority hereinafter conferred. Any article of food, if intended for use other than human consumption, before being cold stored shall be marked by the owner in accordance with forms prescribed by the State board of health, under authority hereinafter conferred, in such a way as to plainly indicate the fact that such articles are not to be sold for human food.

SEC. 6. It shall be the duty of the State board of health to inspect and supervise all cold-storage or refrigerating warehouses in this State, and to make such inspection of the entry of articles of food therein as the State board of health may deem necessary to secure proper enforcement of this act. The members of the State board of health or ite duly authorized agents, inspectors, or employees shall be permitted access to such establishments and all parts thereof at all reasonable times for purposes of inspection