Legal Definitions - apposer

An apposer was a historical legal official, primarily known as a questioner or interrogator. In historical English law, an apposer held a specific role within the Exchequer, which was the government's treasury department.

The apposer's duty was to meticulously examine the financial accounts submitted by sheriffs. This involved comparing the sheriff's detailed record of collected fines and penalties (known as an "estreat") against official court records. The apposer would then directly "appose" or interrogate the sheriff about each entry, demanding explanations and ensuring accuracy and accountability for public funds. This specific office was abolished in England in 1833.

Here are some examples illustrating the role of an apposer:

• Scrutiny of Collected Fines: Imagine a scenario in 18th-century England where a local sheriff submits his annual "estreat," a ledger detailing all fines and forfeitures collected in his county. An apposer, representing the Exchequer, meticulously reviews this document. The apposer discovers several fines recorded in official court ledgers that are either missing from the sheriff's estreat or show different amounts. The apposer would then summon the sheriff and appose him, rigorously questioning him about each discrepancy, demanding to know why the funds were not accounted for or where they were disbursed.

  How this illustrates the term: This example directly demonstrates the apposer's core function of examining financial records (the estreat) and then acting as an interrogator to hold the sheriff accountable for public funds, ensuring transparency and preventing embezzlement.

• Verification of Property Seizures: Consider a situation where a sheriff, as part of his duties, seized property from individuals who owed debts or faced forfeiture. The apposer's role extended to verifying the proceeds from the sale of such confiscated goods. If the apposer suspected that the sheriff had sold the property below its market value or had not fully accounted for all items, they would appose the sheriff. This interrogation would focus on the details of the sale, the valuation of the goods, and the complete accounting of the proceeds, ensuring that no funds were misappropriated.

  How this illustrates the term: This example broadens the scope beyond just fines to other financial aspects of a sheriff's responsibilities. It highlights the apposer's role as a detailed financial examiner and an interrogator who demands full accountability for assets managed by the sheriff.

• Historical Fictional Depiction: In a historical novel set in early 19th-century England, a scene might feature a stern official from the Exchequer arriving at a county seat. This official, an apposer, is depicted spending days poring over ledgers, cross-referencing documents from various sources. Later, the local sheriff is brought before him, visibly nervous. The apposer, armed with a stack of papers, begins to methodically question the sheriff about specific entries in his accounts, challenging reported expenditures for maintaining the local jail and the collection rates for certain royal taxes. The apposer's relentless questioning aims to uncover any mismanagement or corruption.

  How this illustrates the term: This example portrays the apposer's role in a narrative context, emphasizing their function as a meticulous examiner and a persistent interrogator. It underscores the power dynamic and the specific duty of questioning a sheriff about financial records to ensure proper administration and prevent financial impropriety.