limits of the city of Jamestown are hereby in all things legalized, ratified and confirmed. assessment § 2. The city of Jamestown and the common council, boards, Local officers and employees thereof, are hereby authorized and em- authorized. powered to assess against the lands abutting on the portions of Buffalo street heretofore paved between the boundaries above named, and to levy against and collect from the owners of such lands, the proportional amount of the cost of such pavement in the manner and as required by the charter of such city, notwithstanding the fact that the entire length of the street between the boundaries named has not been paved, and notwithstanding the fact that the petition presented by the owners of such abutting lands requested and the original resolutions of the common council and reports of the several boards and officers of the city of Jamestown ordered and related to the pavement of the entire length of said Buffalo street between the boundaries named. bonds and of indebt author tion of without tion, au § 3. The common council is hereby authorized to issue the Issue of bonds and certificates of indebtedness of the city of Jamestown, to certificates cover the cost of said pavement heretofore constructed in the same edness, manner and as required and regulated by the charter of such city. ized. 84. The city of Jamestown and the common council, boards Comple and officers thereof, are hereby authorized at any time to complete pavement the pavement of Buffalo street between the boundaries above new pettnamed without the presentation or filing of any new petition from thorized. the owners of the lands abutting on the portion thereof which has not been paved, and the original petition for such paving shall be sufficient authority to authorize the completion of such paving and the levying and assessing of the cost thereof against the lands abutting on the portion of such street between the boundaries named which has not been paved and levying, assessing and collecting from the owners of such lands the cost of the pavement thereof in the manner and as required by the charter of such city, and the common council shall also have the power to issue the honds and paving certificates for the cost of completing such pave ment, as required by such charter. 5. This act shall take effect immediately. L. 1907, ch. 387, 16 amended. Chap. 195. AN ACT to amend the charter of the city of Jamestown, in relation to the election held on the last Tuesday in March in each year for the election of city officers. Became a law April 13, 1918, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section sixteen of chapter three hundred and eightyseven of the laws of nineteen hundred and seven, entitled "An act to revise and amend the charter of Jamestown," is hereby amended to read as follows: 16. [General election law; annual election of city officers.]1 Except as modified by the provisions of this act, the laws of this state relating to elections shall apply to all elections held in said city. The polls of the election held on the last Tuesday in March in each year for the election of officers shall remain open from six o'clock in the forenoon and shall close at nine o'clock in the afternoon provided the common council of the city of Jamestown shall by resolution duly adopted, so direct, and provided that notice thereof is duly given by the clerk of the city of Jamestown by including in and as a part of the publication required to be made of the list of all nominations of candidates for offices to be filled at such election, a statement that the polls will remain open from six o'clock in the forenoon until nine o'clock in the afternoon. Unless such resolution is adopted and such notice given, the polls of such election shall remain open during the hours prescribed by the general election law. Before any election held on the last Tuesday in March in any year, the board of inspectors for each election district in the city shall hold two days for registering electors and revising the register of electors used at the last preceding general election, which meetings shall be held on the third Friday and third Saturday before such election. The inspectors in each district shall use one of the registers used at the last pre 1 Section heading inserted by editor. 2 Sentence omitted which read: "The common council may make applicable to city elections, any law of the state relating to primary elections." Remainder of section new. ceding general election. The inspectors shall retain upon the register of their respective districts, the names of all persons qualified to vote at such March election in such district which appear upon the register of electors for the last preceding general election in such election district, except the names of such electors as are proven to the satisfaction of the inspectors to have ceased to be electors of such district since their names were placed upon such register, and shall at such meetings add only to such register the names of the persons qualified as electors who shall personally appear before the board. Any elector who was registered in an election district of such city at the last preceding general election, and who since that time, shall have removed into another election district in the city, and who is otherwise qualified to vote at such election, shall, upon demand, receive from the board of inspectors of the district in which he was registered for such last preceding general election, a certificate duly signed by the said board, of the fact that his name was upon such register and has been erased therefrom because of such removal, and his name shall be erased from such register. Upon presentation of such certificate by the elector to the board of inspectors of the election district in which he resides, his name shall be placed upon the register for such district. The inspectors must note upon the register, opposite the name of such elector, the fact of such removal, specifying the election district from which he has removed. They shall carefully attach such certificate to the register of the district in which the elector resides. No elector shall cause his name to be placed upon the register of an election district while his name shall appear upon the register of another district to be used at such election. Any person who shall violate this provision, shall be guilty of a felony, and upon conviction, shall be punished by imprisonment in a state prison for not less than two nor more than five years. The officers authorized to designate the registration and polling places for the election to be held on the last Tuesday in March of any year, shall not be required to publish a list of such places so designated, nor a description of the boundaries of the election districts in which such registration and polling places are located, unless the location of such registration or polling places or boundaries of such election districts have been changed or altered since the last preceding general election. In case the location of any registration or polling place has been changed or the boundary of any election district has been changed L. 1909, ch. 14, since the last preceding general election, notice of such change in location or boundary only shall be published in the manner and at times required by the general election law. The boards of inspectors shall not be required to attend at the voting places on the day preceding any election held on the last Tuesday of March in any year at which election voting machines are to be used, for the purpose of receiving ballots and stationery. Public schoolhouses and buildings may be used as places of registration and polling places for any election to be held on the last Tuesday in March of any year, providing the board of education shall on or before the fifteenth day of February preceding such election, by resolution duly adopted, consent to the use of such schoolhouses and buildings for registration and polling places for such clection. 2. This act shall take effect immediately. Chap. 196. AN ACT to amend the civil rights law, in relation to equal rights in places of public accommodation, amusement, resort, refreshments and education, and providing penalty for violation thereof. 1 Became a law April 13, 1918, with the approval of the Governor. Passed, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Sections forty and forty-one of chapter fourteen of §§ 40, 41, as the laws of nineteen hundred and nine, entitled "An act relating by L 1913, to civil rights, constituting chapter six of the consolidated laws," amended ch. 265, amended. as amended by chapter two hundred and sixty-five of the laws of nineteen hundred and thirteen, are hereby amended to read, respectively, as follows: 8 40. Equal rights in places of public accommodation, resort or amusement. All persons within the jurisdiction of this state shall be entitled to the full and equal accommodations, advantages, facilities and privileges of any places of public accommodations,3 1 See Gibbs v. Arras Brothers, 222 N. Y. 332; Johnson v. Auburn & Syracuse El. R. R. Co., 222 N. Y. 443. resort or amusement, subject only to the conditions and limitations established by law and applicable alike to all persons. No person, being the owner, lessee, proprietor, manager, superintendent, agent or employee of any such place shall directly or indirectly refuse, withhold from or deny to any person any of the accommodations, advantages, facilities or privileges thereof, or directly or indirectly publish, circulate, issue, display, post or mail any written or printed communication, notice or advertisement, to the effect that any of the accommodations, advantages, facilities2 and privileges of any such place shall be refused, withheld from or denied to any person on account of race, creed or color, or that the patronage or custom thereat, of any person belonging to or purporting to be of any particular race, creed or color is unwelcome, objectionable or not acceptable, desired or solicited. The production of any such written or printed communication, notice or advertisement, purporting to relate to any such place and to be made by any person being the owner, lessee, proprietor, superintendent or manager thereof, shall be presumptive evidence in any civil or criminal action that the same was authorized by such person. A place of public accommodation, resort or amusement within the meaning of this article, shall be deemed to include inns, taverns, road houses, hotels, whether conducted for the entertainment of transient guests or for the accommodation of those seeking health, recreation or rest, or restaurants, or eating houses, or any place where food is sold for consumption on the premises; buffets, saloons, barrooms, or any store, park or inclosure where spirituous or malt liquors are sold; ice cream parlors, confectioneries, soda fountains, and all stores where ice cream, ice and fruit preparations or their derivatives, or where beverages of any kind are retailed for consumption on the premises; drug stores, dispensaries, clinics, hospitals, bathhouses, barber-shops, theatres, motion picture houses, airdromes, roof gardens, music halls, race courses, skating rinks, amusement and recreation parks, fairs, bowling alleys, gymnasiums, shooting galleries, billiard and pool parlors, public libraries, kindergartens, primary and secondary schools, high schools, academies, colleges and universities, extension courses, and all educational institutions under the super 2 Word "facilities " new. Remainder of sentence substituted for words: "any inn, tavern or hotel, whether conducted for the entertainment of transient guests, or for the accommodation of those seeking health, recreation or rest, any restaurant, eating house, public conveyance on land or water, bath-house, barber-shop, theater and music hall." |