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Walker, President, &c., agt. Russell.....
Warwick agt. The Mayor, &c., of the City of Now-York...
Whitcomb agt. Salsman..
Whitney agt. Stevens......
Williams agt. Van Valkenburgh....
Wilson agt. Lynt.....
Waterbury agt. Sinclair..
Wilson agt. Forsyth.....
Wilson agt. Peck...
Wolcott agt. Schenk..
Wright agt. Mosher...

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PRACTICE REPORTS.

SUPREME COURT.

BEACH agt. THE BAY STATE STEAMBOAT COMPANY.

Any state or nation has a right to give its citizens redress for any personal in

juries, committed without, as well as within its territorial limits, when it obtains the means of exercising jurisdiction over the wrongdoer. Nor is the authority of the state curtailed in this respect, because the redress is given

by stalute instead of the common law. A purely penal law is strictly local, and has no operation beyond the jurisdiction

of the country where it was enacted. But whether a remedial statute is extraterritorial, in reference to the class of injuries for which it provides, depends, liko other statutes, upon the intention of the legislature; a penal statute may also be a remedial law; and a statute may be penal in one part and

remedial in another. Hed, that the statutes of 1847 and 1849, allowing compensation to the repre

sentatives of deceased persons for causing death by wrongful act, neglect or default, although the second section of the act of 1849 is undoubtedly

penal, are entirely remedial. And there is no reason to infer, that the legislature intended to confine the oper

ation of these acts, in their remedial features, to injuries committed within the territorial limits of this state, or to exempt therefrom persons natural or

artificial, residing in other states, (where jurisdiction is acquired over them.) It seems, that these statutes merely provide in their remedial character, an exten

sion of the remedy afforded by the common law.

New York Special Term, April, 1858.
DEMURRER to complaint.
VOL. XVI.

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CLERKE, Justice. It cannot be denied that any one state or nation has a right to give its citizens redress for any personal injury committed without, as well as within its territorial limits, when it obtains the means of exercising jurisdiction over the wrongdoer. This has been always recognized in the common law. Many, if not most of the actions instituted in our courts of justice, are transitory and not local; and if the cause upon which any one of them is founded, arose in Japan, it would be just as tenable as if it arose in the state of New York. The authority of the state in this respect is not curtailed, because the redress is given by statute, in. stead of having been permitted by the common law. They are both alike, the expression of the supreme power, equally entitled to obedience and respect.

It is erroneous, therefore, to say that statutes (which means all statutes) are local, and only effectual within the limits of the state, on acts therein done." A penal law, indeed, is strictly local, and has no operation beyond the jurisdiction of the country where it was enacted. But, whether a remedial statute is extra-territorial in reference to the class of injuries for which it proposes to afford redress or compensation, depends, like other statutes, upon the intention of the legislature, to be gathered from the language employed, the law as it previously existed in relation to the same subject, the mischief to be prevented, and the remedy to be applied. And, we must also bear in mind, that every such statute is to be liberally construed.

It has been asserted that the statutes of 1847 and 1819, allowing compensation to the representatives of deceased persons for causing the death of those persons by wrongful act, neg. lect or default, are penal, and not remedial statutes. The second section of the act of 1849, is undoubtedly penal. But a penal statute may also be a remedial law, (1 Wils. 126 ;) and a statute may be penal in one part, and remedial in an

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