Page:Federal Reporter, 1st Series, Volume 4.djvu/632

 618 ���FEDEBAIi BKFOBTEB. ���such action shall be for the exclusive benefit of the widow and next of kin of such deceased person, and sball be distributed to sucb widow and next of kin in the proportions provided b}' law in relation to the distribution of personal property by per- Bons dying intestate; and in every such action the Jury may give such damages as they shall deem fair and just, with reference to the pecuniary injury resulting from such death to the wife and next of kin of such deceased person : provided, that every such action shall be eommenced within 12 calendar moutbs after the death of such deceased person." �After the jury was empanelled, and before any evidence was taken, the defendants moved to dismiss the complaint, because the plaintiff, an administrairix in the state of New York, and appointed solely under its laws, bas no power or authority, by virtue of the statute of the state of New Jersey, to sue for and recover damages for the death of the intestate — a question which, itwas conceded by the plaintiff, is clearly presented upon the pleadings. It is manifeat that the right of an administrator to recover for the pecuniary injuries result- ing from the death of the intestate to the widow and next of kin is unknown to the common law, and exists only by stat- ute. It bas been held that such a statute bas no extraterri- torial force, and that no recovery can be had thereon for an injury which was committed beyond the limit of the state by whose legislature the statute was enacted. Whitford v. Pan- ama R. Co. 23 N. Y. 465; Beach v. Bay State Co. 30 Barb. 433. �The alleged injury in this case was received in New Jersey, and the question which arises is whether a New York admin- istrator can, by virtue of the appointment of the surrogate of the county of New York, recover the damages which a per- sonal representative is authorized to sue for and obtain for the benefit of the widow and next of kin by the statute of the state of New Jersey, and not by the laws of the state of New York. An administrator takes his title by force of the local law and the grant of administration. Marcy v. Marcy, 32 Conn. 308. �A New York administrator exists by virtue of his appoint- ����