Thursday, June 13, 2013

"any person or persons to discharge or fire off at his or her house, any hand-gun, pistol or other fire arms"

ACT of 26th August 1721. 1 Dallas p. 158 l Bioren p. 157 1 Smith p. 180.

  2. Sect. IV. If any person or persons, of what sex, age, degree or quality soever, shall fire any gun or other fire arms, or shall make or cause to be made, or sell or utter, or offer to expose to sale any squibs, rockets or other fireworks, or shall cast, throw or fire any squibs, rockets, or other fireworks, within the city of Philadelphia, without the governor's special license for the same, of which license due notice shall first be given to the mayor of the said city, such person or persons so offending, and being thereof convicted before any one justice of the peace of the said city, either by confession of the party so offending, or by the view of any of the said justices, or by the oath or affirmation of one or more witnesses, shall for every such offence forfeit and pay the sum of five shillings; one half to the use of the poor of the said city, and the other half to the use of him or them who shall prosecute, and cause such offender to be as aforesaid convicted; which forfeitures shall be levied by distress and sale of the offender's goods as aforesaid; and for want of such distress, if the offender refuse to pay the said forfeiture, he shall be committed to prison, for every such offence, the space of two days, without bail or mainprize: Provided, That such conviction be made within ten days after such offence committed. [Pg. 231]

ACT of 9th February 1750-51. 1 Dallas p. 339. 1 Bioren p. 311. 1 Smith p. 208.

  3. Sect. I. If any person or persons whatsoever, within any county town, or within any other town or borough in this province, already built and settled, or hereafter to be built and settled, not hitherto restricted nor provided for by our laws, shall set on fire their chimnies to cleanse them, or shall suffer them or any of them to take fire, and blaze out at the top, or shall fire any gun or other fire arm, or shall make or cause to be made, or sell or utter, or offer to expose to sale, any squibs, rockets or other fire works, or shall cast, throw or fire any squibs, rockets or other fire works, within any of the said towns or boroughs, without the governor's special license for the same, every such person or persons so offending, shall be subject to the like penalties and forfeitures, and to be recovered in like manner, as in and by an act, passed in the eighth year of the reign of king George the first, entitled 'An act for preventing accidents that may happen by fire,' are directed to be levied and recovered. [Act of 26th August 1721.] [Pg. 232] 

ACT of 24th December 1774. 1 Dallas p. 701. 2 Bioren p. 125. 1 Smith p. 421.

  5. Sect. I. If any person or persons shall on any thirty-first day of December, or first or second day of January, in every year, wantonly, and without reasonable occasion, discharge and fire off any hand-gun, pistol or other fire arms, or shall cast, throw or fire any squibs, rockets or other fire works, within the inhabited parts of this province, to the disturbance of any of his majesty's subjects there inhabiting and being, every such person so offending, and being thereof convicted before any one justice of the peace of the county, or mayor or other head officer, or justice of peace of any city or town corporate, where such offence shall be committed, either by confession of the party so offending, or the oath or affirmation of one or more credible witness (which oath or affirmation the said justice or other officer aforesaid, is hereby empowered and required to administer) shall for every such offence forfeit, for the use of the poor of the township or district, where such offender lives, the sum of ten shillings, to be levied by distress and sale of the offender's goods and chattels by warrant, under the hand and seal of the justice or other officer, before whom such offenders shall be convicted, returning the overplus, if any, to the owner, the reasonable charge of distraining being first deducted; and for want of such distress, such offender shall be committed to prison for the space of five days, without bail or mainprize.

  6 Sect. II. If any person or persons shall willingly permit or suffer within the time aforesaid, any person or persons to discharge or fire off at his or her house, any hand-gun, pistol or other fire arms, or to cast, throw or fire any squibs, rockets or other fire works as aforesaid, every person so as aforesaid offending, and being thereof convicted in manner aforesaid, shall for every such offence, forfeit and pay, for the use aforesaid, the sum of twenty shillings, to be recovered in manner aforesaid. [Pgs. 232-33]

[A Digest of the Laws of Pennsylvania: From the Year One Thousand Seven Hundred, To The Twenty Fourth Day of March One Thousand Eight Hundred and Eighteen. WITH References to Reports of Judicial Decisions in the SUPREME COURT OF PENNSYLVANIA. BY JOHN PURDON. PHILADELPHIA: PUBLISHED BY PHILIP H. NICKLIN, No. 175, CHESNUT STREET. W. Fry, Printer. 1818. (Fines and Recognizances. Fire. Firing of Guns).]  

Well now, this might have saved a LOT of time as far as the question of it being a personal right, yes?

No comments: