Clayton’s Notebook, 59
Court of Common Pleas of Delaware, Kent County.
May, 1818.
In this case the Court held that horse racing is indictable, though no liquor is sold on the ground; and this on the Statute, 2 Del. Laws 866.
T. Clayton, for defendant, objected that by 2 Del. Laws 1210 a fine of four dollars before a justice might be imposed for horse-racing on Sunday, from which he said it would appear that this fine was less than that for racing on any other day according to their construction.
[NOTE.] But in fact there is a subsequent Act of Assembly, 3 Del. Laws [230], much stronger than 2 Del. Laws 866, which did not occur either to the Court or counsel at the time.[2][2] At this point the following comment is added in another hand, “This is not true, for it did occur to defendant’s counsel; and besides, this is a most lame report of the case.”
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