
    The Village of New Rochelle, App’lt, v. Henry S. Clarke, Resp’t.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed July 22, 1892.)
    
    Villages—Ordinances—Fires in street. .
    The ordinance of the village of Hew Rochelle prohibiting the burning-of combustibles in the streets or lots in the village is intended to forbid fires in the streets at any time but to permit a fire in a lot between sunrise- and sunset.
    Appeal from judgment of the Westchester county court, reversing judgment of justice in favor of plaintiff
    Action for a penalty.
    
      C. H. Noxon, for app’lt; C. H. & A. J. Young, for resp’t.
   Barnard, P. J.

—The question presented involves only a construction of an ordinance of the plaintiff which is in these words :

“ Section 2. No hay, straw, chips, shavings or other combustible substance, shall be set on fire or burned in any street at any time or in any lot of the village except between the rising and set-sing of the sun, under th^ penalty of ten dollars, by any person directing or causing the same to be done.” The defendant directed a fire to be made in a street of the village. The case does not show whether the fire was made between sunrise and sunset or not. ■ If a fire could be kindled in the street at any time, the justice was wrong and his judgment was properly reversed. The ordinance forbids fires in the street 11 at any time ” but permits a fire in any lot of the village between sunrise and sunset. To make the exception's cover streets and lots, violation would be done to the section by striking out the words as to the streets which forbid fires at any time. If the section be read so as to except fires in lots in the day time, all the words will have a place and meaning. Statutes are to be construed so as to give effect to all the language employed. Matter of N. Y. & Brooklyn Bridge, 72 N. Y., 527.

I think the true meaning of the law is that fires are out of place in the streets of a village at all times, and fires in lots at night are terrifying and dangerous when the people are not awake to meet the danger.

The judgment of the county court should be reversed and that of the justice affirmed, with costs.

Cullen and Dykman, JJ., concur.  