4. Sec. Ill. And be it further enacted, That from and after the passage of this act, any person who shall be guilty of the offence of shooting at another, or at any slave or free person of color, except in his own defence with a gun, pistol or other instrument of the like kind, shall, on conviction, be punished by a fine not exceeding one thousand dollars, and imprisonment not less than twelve months or confinement in the Penitentiary at the discretion of the Court.