CHAPTER 494

GENERAL PROVISIONS RESPECTING THE POLICE PROVIDING FOR OFFENSE OF KEEPING, MAINTAINING, CONTRIBUTING TO SUPPORT OF GAMBLING HOUSE

AN ACT TO AMEND CHAPTER 100 OF THE REVISED CODE OF DELAWARE, 1935, BY REPEALING A PART THEREOF, AND BY PROVIDING FOR THE OFFENSE OF KEEPING, MAINTAINING, CONTRIBUTING TO SUPPORT OF GAMBLING HOUSE; LETTING OR UNDERLETTING THEREFOR, PENALTIES; JURISDICTION.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met (two-thirds of all the members elected to each branch thereof concurring therein):

Section 1. That Chapter 100 of the Revised Code of Delaware, 1935, be and the same is hereby amended by adding a new Section to 4061. Sec. 166 of the Revised Code of Delaware, 1935, to be known as 4061. Sec. 166 A.:

4061. Sec. 166 A. Keeping, Maintaining, Contributing to Support of Gambling House; Letting or Underletting Therefor; Penalties; Jurisdiction:--It shall be unlawful for any person to keep or maintain, or to contribute to the support and maintenance of any house or place where gambling is carried on or conducted, or to knowingly let or underlet, or transfer the possession of, any house or premises for use by any person for said purpose. A person who violates this Section is guilty of a misdemeanor and is punishable, upon conviction, of a first offense by a fine of not less than Twenty-five Dollars nor more than One Hundred Dollars, or by imprisonment for not less than ten days nor more than thirty days, or by both such fine and imprisonment; upon conviction of a second offense by a fine of not less than One Hundred Dollars nor more than One Thousand Dollars, or by imprisonment for not less than thirty days nor more than six months, or by both such fine and imprisonment and for a third and all subsequent offenses by imprisonment for not less than one year nor more than three years.

The Municipal Court for the City of Wilmington shall have jurisdiction of the violations of this Section committed within the corporate limits of the said City of Wilmington and the Court of Common Pleas for New Castle County and the Court of Common Pleas for Kent County shall have jurisdiction of the violations of this Section committed within their respective counties concurrently with the jurisdiction of the Superior Court of the State of Delaware in and for New Castle, Kent and Sussex Counties.

Section 2. If any clause, sentence, paragraph or part of this Act shall, for any reason, be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph or part thereof directly involved in the controversy in which said judgment shall have been rendered.

Section 3. All Acts or parts of Acts inconsistent herewith are hereby repealed.

Approved January 28, 1952.