XLI. And Whereas an ill custom has prevailed in this Province, of firing guns in the night time; for the prevention thereof for the future, be it enacted that if any person shall fire or shoot off any gun or pistol in the night time after dark and before day-light without necessity every such person shall forfeit the sum of 40s. current money for each gun so fired as aforesaid; to be recovered by warrant from any one justice of the peace of the county where the offense is committed, according to the direction of the act for the trial and small and mean causes, and shall be paid to the church wardens of the parish where the offense shall be committed, for the use of the poor of the said parish.