CONCOURSE

concourse (kon-kors orkong-).Scots law. 1. The simultaneous existence of two actions based on the same facts, esp. a civil action and a criminal action; the concurrence of a public prosecutor in a private prosecution. 2. The concurrence of the public prosecutor to a criminal prosecution by a private person.

“A private party may prosecute for the punishment of an offence perpetrated against himself, and for which the public prosecutor may refuse to prosecute at the public expense; but the concourse of the public prosecutor is necessary, and it cannot be refused; or if refused, the case may proceed at the instance of the private party. Concourse is distinguished from Instance. In the former case the public prosecutor merely concurs or consents, whilst in the latter case he is also a principal party prosecuting for the public interest.” Hugh Barclay, A Digest of the Law of Scotland 162 (3d ed. 1865).

3. A conflict among creditors or claimants. See CONCURSUS(1).