§ 5. Be it further enactcd, That the president and council shall have power to pass all necessary by-laws for the good order and government of said town, not inconsistent with the constitution and laws of this state, or the United States, whereby education and morality may be promoted, and the retailing and vending of ardent spirits, gambling and every species of vice and immorality may be suppressed, together with the total inhibition of the odious and savage practice of wearing dirks, bowie knives, or pistols, and in their corporate capacity they may inflict a penalty on any person for a violation of any such by-laws, not exceeding fifty dollars for any offence, recoverable with cost before any justice of the peace. for said county, in the name of the president and council, for the use and benefit of said town.