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in virtue of said act, the time when drawn, the number of tickets contained therein, the scheme price of those tickets, the number sold, and the amount of the same; that the assignees of said institutions, have made no such returns, to show the amount of their sales in any scheme or schemes drawn by them within this State since the 30th day of August, 1826, and that the said Yates & M'Intyre have refused to make such returns to the Comptroller of this State, though requested by that officer so to do, either for the schemes drawn under the grants to the said literary institutions, the grant to the said Historical Society, or the grant made to the corporation of the city of New-York; alledging that they were excused from making such returns, by an act entitled “An act to enable the mayor, aldermen and commonalty of the city of Albany to dispose of tickets in a lottery heretofore granted, and to limit the continuance of the same," passed April 13th, 1826.
That by the returns which the said institutions did make, and which are on file in the office of the Secretary of this State, it appears that in the first twenty schemes of lottery issued and drawn within this State, from the 20th day of May, 1823, to the 30th of August, 1826, both dates inclusive; which said twenty schemes together contained a capital equal to the sum of $3,355,140, the firm Yates & M'Intyre sold 538,0431 tickets therein; which, at scheme price, amount to the sum of $3,124,488.50. That the firm Yates & M’Intyre issued and drew, from the 30th day of August, 1826, to the 16th day of November, 1831, inclusive, 172 schemes or classes of lottery, the capital or amount of which was $25,092,870; and that from the 16th of November, 1831, to the 18th day of April, 1832, inclusive, they issued and drew 22 schemes or classes of lottery, the amount of which was $3,501,730; and that the grand total of the 194 schemes or classes of lottery, issued and drawn within this State by the firm Yates & M'Intyre, without returns, since August 1826, to the 18th April, 1832, inclusive, as aforesaid, is at scheme price $28,594,600. That out of this sum of $28,594,600, the firm Yates & M’Intyre could not legally sell or make sales to an amount exceeding $3,092,615.50, even supposing there had remained to be raised by lottery the sum of $467,256.81, on and after the 20th of May, 1823.
And your petitioner further sheweth, that since November, 1831, he has ascertained from public records and documents, that the entire amount of money authorised to be raised by any law of this
State, on and after the 20th day of May, 1823, is something less than four hundred thousand dollars; and that the amount of sales permitted for the raising of said last mentioned sum, and agreeably to the terms of the act entitled “ An act to limit the continuance of lotteries,” cannot in any event exceed the sum of $5,300,000, nor even amount to said sum of $5,300,000; whereas in the estimates made and submitted to the grand jury, showing that the amount of sales under all the aforesaid grants, and agreeably to the terms and restrictions contained in the act last aforesaid, could not exceed the sum of (6,217,104,) six million, two hundred and seventeen thousand one hundred and four dollars: your petitioner was assuming the fact, that there remained to be raised by lottery, under the aforesaid several grants, the sum of (8467,256.81) four hundred and sixty-seven thousand two hundred and fifty-six dollars and eighty-one cents, on and after the 20th day of May, 1823.
And your petitioner further sheweth, that he is not in principle opposed to lotteries, where the same be duly authorised, provided they be granted under proper regulations and restrictions, and shall be managed with due integrity; but that inasmuch as the firm Yates & M'Intyre had, as your petitioner believes and charges, fully enjoyed all their legal and equitable rights, and consequently all “vested rights," sometime in and during the year 1830, your petitioner craves leave to place these facts before your honorable body, that your honorable body may in its wisdom adopt such measures as shall be deemed equitable and just, to protect the rights and dignity of the people of this State.
And your petitioner further sheweth, that the firm Yates & M’Intyre had, in the month of April, 1829, when they offered a certain stipulation, subsequently accepted by the honorable the Senate and the honorable the Assembly for that year, more than enjoyed all the rights and privileges belonging to them by law, for the drawing of the literature lotteries, although said firm in that stipulation alleged, that they were justly entitled to a further period of time of six or seven years, for the completion of the literature lotteries only; and your petitioner further sheweth, that notwithstanding said firm had fully enjoyed all their legal and equitable rights, and consequently also all“ vested rights,” for the drawing of all the aforesaid lotteries, by the amount of their sales, sometime in the year 1830; that the said Yates & M’Intyre have con
tinued to issue and draw within this State, sundry schemes of lotteries, and to make sales of tickets therein within this State; and that said sundry schemes--being all the schemes drawn during the year 1831, and all those drawn the present year, as well as a portion of those drawn also within this State during the year 1830, were not authorised by any law of this State: and your petitioner also sheweth, that the 15 per cent upon the sales already made by said firm, in the schemes so issued and drawn, in violation of the laws of this State, will amount to half a million, if not to more than a million of dollars; that said firm still continue to issue and draw schemes of lottery, and to sell tickets therein, and that such issuing, and drawing, and selling of tickets, is not, as your petitioner also sheweth, authorised by any law of this State. .
And your petitioner further sheweth, that the act entitled " An act to authorise the mayor; aldermen and commonalty of the city of Albany to dispose of tickets in a lottery heretofore granted, and to limit the continuance of the same," passed April 13, 1826, does not either extend the time of drawing, or increase the amount of sales to be made in any one or more of the lotteries then authorised by law for the benefit of the said literary institutions, the said Historical society, or the said corporation of the city of NewYork; and that in the belief of your petitioner, the true interpretation of the words contained in the second section of the aforesaid act of 13th April, 1826, “ to sell tickets therein at their discretion during the time contemplated and prescribed for finishing the drawing of the money lotteries; in and by the first enacting clause of the act of April 5th, 1822, entitled . An act to limit the continuance of lotteries, is, that the person or persons authorised to form, adopt, and draw schemes of mixed land and money prizes, might proceed, if he or they thought proper so to do, in the draws ing of schemes of mixed land and money prizes, and in the making of sales therein to an amount exceeding, in each and every year, for the period of time these lotteries might in that event be legally continued, the annual average amount alluded to in the 5th section of the act entitled “ An act to limit the continuance of lotteries,”: passed on the 5th April, 1822: but your petitioner also sheweth, that this optional power of making sales at a more speedy rate, and exceeding said annual average amount, did not release the managers of all these lotteries from being finally limited in all the said money lotteries, by an amount of sales : And your petitioner
[Senate, No. 108.)
also she weth, that the several institutions interested in the lotteries authorised by the act of 13th of April, 1814, or their assignees, or their duly appointed agents, might sell tickets at their discretion, and that they might make sales of tickets annually to an amount exceeding the “annual average amount" of all the schemes drawn within this State during the five years immediately preceding the first day of January, 1822, is also implied by the fifth section of the act entitled "An act to limit the continuance of lotteries;" for it is therein said, “and so soon as the whole amount of tickets authorised by this act shall have been sold and drawn, the authority herein granted to the said institutions shall cease, though the time fixed by the Comptroller in his certificate, may not have expired."
And your petitioner further sheweth, that waiving the fact that the time mentioned in the second section of the said act of April 13th, 1826, for the continuance of the Albany land lotteries, is governed by the entire act, entitled “An act to limit the continuance of lotteries," which construction your petitioner has been advised by counsel, is the only legal one that can be given thereto: and admitting that these schemes of mixed land and money prizes are limited by the first enacting clause alone of the aforesaid act of April 5, 1822, still it is stated in said first enacting clause, and in reference to the institutions interested in the lotteries granted on the 13th April, 1814, that they might take the same into their own hands, and assume the management thereof “for a limited time, in lieu of, and as an equivalent for, the several specific grants to them therein made: Provided, they would accept thereof, for any limited time, less than the time, in which the State could raise and pay the amount due said institutions, at the rate moneys had previously been raised and paid to the same; or, provided the said institutions would accept thereof, for any limited time, in which the amount then due said institutions could, in the judgment of the Comptroller, be thereafter raised and paid by the State; which period of time, as a possible term for the continuance of the lotteries for the benefit of said institutions, was to be fixed by the Comptroller, and a certificate thereof to be filed in the office of the Secretary of this State; which period of time for the duration of these lotteries, was to be computed by the Comptroller from the facts and information in his possession, and which computation was to be founded upon the rate or ratio at which moneys had been previously raised and paid to said institutions, and
the amount of schemes drawn within this State and the amount realized from the same within the five years immediately preceding the first day of January, 1822; and limiting the sales to be made in each year thereafter for that term of time, to such an amount as was the annual average amount of the schemes drawn within this State during the five years last aforesaid.
And your petitioner further sheweth, that he, your petitioner, is supported in the construction as aforesaid, to the words : “Provided, they will accept thereof for any time, less than the time, in which the State could raise and pay the amount due said institutions," as contained in the first enacting clause of the act, entitled, • An act to limit the continuance of lotteries,” by the report made in April, 1832, by the Attorney-General to the Honorable the Assembly, on the subject of lotteries, and by the 40th section of that report, whether taken separately, or in connexion with the 4th, 10th, and 23d sections of said report; for in said 40th section it is stated: “ The restriction upon sales was as much a limitation of time, as was that provision which fixed the utmost period for the continuance of the system, with only this difference, that the one might be calculated in advance, while the other depended upon the course of events;" and in the same section, that officer also said: “But it cannot be doubted that the sale of the amount of the tickets authorised by law to be sold, would as effectually close the lottery as would the other limitation,” contained in the last recited act.
And your pe
And your petitioner further sheweth, that by the aforesaid act of the 13th of April, 1826, it was the intention of that Legislature, that the Albany land lotteries, or the schemes of mixed land and money prizes should be completed at all events within the time taken, or that might be taken, agreeably to law, for the completion of the lotteries granted on the 13th of April, 1814, on the 15th of April, 1814, and on the 24th day of March, 1823. titioner also sheweth that the duration of these Albany land lotteries, or these schemes of mixed land and money prizes were so limited, expressly by the aforesaid act of April 13th, 1826; and this fact is admitted by the Attorney-General in the 41st section of his report. That the schemes of mixed land and money prizes to be drawn under and by virtue of said last mentioned act, were in fact limited by said act to the time taken, or that might be taken, for the completion of the literature lotteries, and agreeably to the