Be it enaced by the Senate and House of Representatives in General-Court convened, That every free, able bodied, white male citizen of this state, resident therein, who is, or shall be of the age of sixteen years and under forty years of age, under such exceptions as are made in said act, shall be enrolled in the militia, and shall in all other respects be considered as liable to do the duties of the militia in the same way and manner, as those of the age of eighteen years and upwards, and every citizen enrolled and liable as aforesaid, shall while under the age of twenty-one years be exempt from a poll tax.

And be it further enacted, That no non-commissioned officer or private soldier, shall upon any muster day, or the evening of the same day, discharge and fire off a musket or gun in any public road, or near thereto, or in, or near to any house, or on, or near to the place of parade, unless leave therefore be first had from a commissioned officer, on penalty of forfeiting for each offence so committed, the sum of one dollar, to be recovered by action before any Justice of the Peace within the county where such offense shall be committed, by any person who will sue therefor, with costs of prosecution.