Personal penalty against deceased proprietor cannot be pursued by legal representative of a dissolved proprietary concern.

Penalty imposed on a proprietor was treated as personal to the deceased, so the legal representative could not maintain an appeal on behalf of the dissolved proprietary concern. Because the proprietor had died before the appeal was filed, the concern no longer subsisted and the penalty proceeding could not be pursued in the same manner against the legal representative. The result was that the appeal was held not maintainable and the penalty was not recoverable from the legal representative.

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Issues: Whether an appeal filed by the legal representative of a deceased proprietary concern against a penalty imposed on the proprietor was maintainable, and whether such penalty could be recovered from the legal representative.

Analysis: The penalty in question was treated as personal to the person on whom it was imposed. Since the proprietor had died before the appeal was filed, the proprietary concern stood dissolved and the appeal could not be maintained by the legal representative on behalf of the defunct concern. The cited decisions were followed for the proposition that penalty proceedings against a deceased person cannot be pursued against the legal representative in the same manner.

Conclusion: The appeal was held to be not maintainable and the penalty was not recoverable from the legal representative.

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