And be it further enacted by the authority aforesaid, That no person or persons whatever in any town or garrison within this province, shall during the time of war, or of keeping a military watch in such town or garrison, presume to discharge or shoot off any gun or guns after sun-setting, or before the sun’s-rising, unless in case of alarm, approach of an enemy, or other necessary defense; on pain that every person so offending, and being thereof convicted before one or more of his Majesty’s justices of the peace for this province, shall forfeit and pay the sum of five shillings, for each gun so discharged; one moiety thereof to the use of the poor of the town where the offence is committed, and the other moiety to him or them that shall inform or prosecute for the same. And if such offender shall not be able to pay the said fine, then he shall be set in the stocks by the space of two hours.