New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1875-09-12
The GuibOrd Case.

The Guibord case has created sensation
in Montreal which no probable combination
of circumstances could bring about in this
country. Joseph Guibord was of French
ancestry, and member of the Institut Can
alden. which had been denounced by the
Roman Catholic Bishop of Montreal be-
cause of its refusal to remove certain OBJ
jectionable books from it's library. Guibord
died on November Is, 1862 nearly six years
ago. Although he was the owner of a lot
in the Cemetery of Notre Dame, at Mon
treal. the ecclesiastical officers of the par
ish, under the bishops instructions, refused
burial to his remains. His widow applied
to the courts of Canada for relief. The
tribunals decided variously, each party
when beaten appealing to higher court.
Meanwhile the widow Of Guibord died, but
before dying bequeathed all her property
and claims Of every kind to the Institut
Canadien. This association carried the
case to the privy council in the home coup.
try, and that body, as the court of last
resort last month issued decree in favor
OF the lnstitut Canadien, the material part
beng as follows,
ut shall be ordered that peremptory
writ of mandamus be issued, directed to
lie Cure ct Marguilliers de rEuvre ct
Fabrique de Notre Dame de Montreal"
commanding them, upon application being
made to them by or on behalf of the In
stitut Canadien, and upon tender or paw
ment to them of the usual and accustomed
fees, to prepare, or permit to be prepared,
grave in that part of the cemetery in
which the remains of Roman Catholics who
receive ecclesiastical burial are usually in
TERED for the burial of the remains Of the
said Joseph Guibord, and that upon such
remains being brought to the said cemetery
tor that purpose at reasonable and proper
time they do bury the said remains in the
said part of the said cemetery, or permit
them to be buried there and it is further
ordered that the defendants do pay to the
Canadian Institute all the costs of the
widow in all the lower courts, except such
costs as were occasioned by the plea of re
cusotio jndicis, which should be borne by
the appellants, and likewise the sum of
fIo79 lss Id sterling for the costs of this
appeal"
On August 90 the Superior Court issued
an order under this decree which was
priest, to the following effect
"Notice is hereby given you, on the part
of the lnstitut Canaden, that in conformity
with the decree of her majesty, dated the
twenty eighth of November, 1874 and with
the peremptory writ hereunto annexed, the
mortal remains of the late Joseph Gubord
will be presented at the Cote des Nelges
Cemetery on Thursday, the second day of
September next, at three o'clock in the
afternoon; and that then and there will be
offered and paid you the ordinary dues and
fees in order that you may prepare, or per
NIT to be prepared, grave in that portion
Of the cemetery in which the remei ma of
Roman Catholics who receive ecclesiastical
burial are inferred, for the burial of the re-
mains of the said Joseph Guibord. Notice
Is further given you that it will be required
that the interment of the said Joseph Gui-
bord be attended with the customary
religious ceremonies; and notice is further
given you that, excepting the claim for
damages, with interest, resulting from your
refusal to do that which should be done,
interment pure and simple, will be accepted
under reservation of all Interior resources"