CHAPTER 156

OFFENSES AGAINST PRIVATE PROPERTY

AN ACT TO AMEND CHAPTER 150 OF THE REVISED CODE OF DELAWARE, 1935, ENTITLED "OFFENSES AGAINST PRIVATE PROPERTY," RELATING TO THE ISSUANCE OF WORTHLESS CHEQUES FOR VALUABLE CONSIDERATION AND PROVIDING A PENALTY.

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

Section 1. That Chapter 150 of the Revised Code of Delaware, 1935, be and the same is hereby amended by striking out all of 5218. Section 38, and inserting in lieu thereof the following new section to be known as 5218. Section 38.

5218. Section 38. Any person who shall make or draw, or utter or deliver any check, draft or order for the payment of money, upon any bank or other depositary knowing at the time of such making, drawing, uttering or delivering that the maker, or drawer, has not sufficient funds in, or credit with, such bank or other depositary for the payment of such check, draft or order, in full, upon its presentation, shall be guilty of a misdemeanor, and punishable by imprisonment for not more than one year, or by a fine of not more than one thousand dollars, or both fine and imprisonment.

As against the maker or drawer thereof, the making, drawing, uttering or delivering of a check, draft, or order, payment of which is refused by the drawee, shall be prima facie evidence of knowledge of insufficient funds in, or credit with, such bank or other depositary; Provided, such maker or drawer shall not have paid the drawee thereof the amount due thereon, together with all costs and protest fees, within ten days after receiving notice that such check, draft or order has not been paid by the drawee.

The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary for the payment* of such check, draft or order.

Approved May 1, 1939.