CHAPTER 220 - BETTING AND WAGERING

AN ACT TO AMEND THE FIRST PARAGRAPH OF 3572. SEC. 137 OF CHAPTER 100 OF THE REVISED CODE OF DELAWARE OF 1915, RELATING TO BETTING AND WAGERING UPON CONTEST OF SKILL OR SPEED.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section 1. That the first paragraph of 3572, Sec. 137 of Chapter 100 of the Revised Code of Delaware of 1915 be and the same is hereby amended by striking out all of said first paragraph, and inserting in lieu thereof the following:

3572. Sec. 137. Contest of Skill, Speed or Power of Endurance; Keeping Books or Devices for Recording &c. Bets or Wagers; Recording Bets or Wagers; Ownership or Occupancy of Premises Where Same is Done; Misdemeanor; Penalty:--Whoever keeps, exhibits or uses, or is concerned in interest in keeping, exhibiting or using, any book or books, device, apparatus or paraphernalia, for the purpose of receiving, recording, or registering bets or wagers upon the result of any trial, or contest, in the State of Delaware, or elsewhere, of skill, speed or power of endurance of man or beast; and any owner, lessee or occupant of any room, house, building, enclosure, or place of any kind, who keeps, exhibits, uses or employs therein, or permits or allows to be kept, exhibited, used or employed therein, or who is Concerned in interest in keeping, exhibiting, using or employing therein any book, or books, device, apparatus or paraphernalia, for the purpose of receiving, recording or registering such bets, or wagers, or of forwarding in any manner any money, thing or consideration of value for the purpose of being bet or wagered upon the result of any trial or contest as aforesaid; and whoever records or registers such bets, or wagers, or receives, contracts, or agrees to receive any money or thing of value for the purpose, or with the intent to bet or wager for himself or any other person or persons, such money or thing of value, or any part thereof, or the equivalent thereof, or of any part thereof, upon the result of any trial or contest in the State of Delaware, or elsewhere, of skill, speed or power of endurance of man, or beast, or is concerned in interest therein, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not exceeding Two Thousand Dollars, or imprisoned for a term not exceeding two years, or both, in the discretion of the Court; provided that the provisions of this Section shall not apply to any bet or wager made upon any horse race and made within the enclosure of any race meeting licensed and conducted under the laws of this State, and made by or through the means of a pari-mutuel or totalizator pool, the conduct of which is duly licensed by the Delaware Racing Commission, which exception need not be negatived in any indictment or information.

Section 2. All Acts or parts of Acts inconsistent herewith are hereby repealed so far as such inconsistency exists and particularly is repeal made of the last paragraph of Section 16, Chapter 62, Volume 38, Laws of Delaware, as amended and approved February 6th, A. D. 1935, which last paragraph reads as follows:

"Whoever shall bet or wager, or receive any bet or wager of any money or valuable thing on the result of any race authorized by this Act, except within the enclosure of any race meeting licensed and conducted under this Act and by or through the means of a pari-mutuel or totalizator pool, the conduct of which is duly licensed by the Delaware Racing Commission under this Act, shall be fined in a sum not exceeding One Thousand Dollars ($1,000.00) or imprisoned for a period not exceeding two years, or both, in the discretion of the Court."

Section 3. The provisions of said first paragraph of 3572. Section 137 of Chapter 100 of the Revised Code of Delaware of 1915 as heretofore existing, shall be continued in full force and effect as respects any offense committed or any penalty incurred prior to the date of this Act.

Approved March 27, 1935.