SEC. 5. If any person shall discharge a gun, or pistol, within any town, or village, in this State, or within one quarter of a mile of the centre thereof, or within one hundred yards of a mill-dam, upon which is a public road, he shall forfeit and pay, for the use of the poor of the county, five dollars for each offence; and upon judgment for such forfeiture, the defendant shall be committed to the public jail of the county until it is paid.

But this section shall not apply to the discharging a gun, or pistol, on any day of public rejoicing; or where it is authorized by law, or required by necessity.