Sec. 42. And it is hereby further enacted, That no noncommissioned officer, private or citizen shall unnecessarily fire a gun, single musket or pistol, in any public road, or near any house or place of parade, on the evening preceding, on the day or evening of the same, on which any troop company, battalion or regiment shall be ordered to assemble for military duty, unless embodied under the command of some commissioned officer; and if any non-commissioned officer, private or citizen, shall fire a musket, single gun or pistol, except as aforesaid, on the day or evening as aforesaid, without being embodied as aforesaid, he shall forfeit and pay a fine of two dollars for each and every such offence to the treasurer of the town where such offence or offences shall have been committed, to and for the use and benefit of said town, together with costs of prosecution; to be recovered by complaint of any town grand juror, where the offence shall be committed, whose duty it is hereby declared to be, to prosecute the same before any justice of the peace of the same county where such offence or offences shall have been committed. Provided, That all psosecutions by virtue of this section, shall be commenced within thirty days next after the commission of such offence or offences and not after.