PRIVILEGES GRANTED TO STUDENTS

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Royal order dictating rules for the incorporation, in the universities and audiencias of the colonies, of the studies and titles obtained in those of EspaÑa, in the course of jurisprudence, and vice-versa.

Ministry of Grace and Justice:

Your Excellency:

Some doubts having been occasioned by the difference existing between the plan of studies in force in the Peninsula, and that which is observed in the islands of Cuba and Puerto-Rico, in regard to whether those youth, who have devoted themselves to the career of jurisprudence, may utilize, in one of these points of the monarchy, the courses taken and the titles obtained in the other; and the queen (whom may God preserve) desiring while the government is bringing to a head the fitting reforms,1 to give the advisable harmony to the above-cited systems of education, to avoid the difficulties and prejudices caused by this uncertainty, has deigned to resolve, after hearing the opinion of the royal Council, that the following orders be observed in regard to this point.

[Points 1 and 2 refer to Cuba and Puerto-Rico.]

3. Students, licentiates, or advocates of the Peninsula who go to continue their career or exercise their profession in the domains of the colonies shall receive credit for the courses which they shall have taken, and the degrees which they shall have obtained shall be recognized whenever they prove them legally, as well as the titles which shall appear to be proved by the competent decision of the supreme Tribunal of Justice or the Ministry of Public Instruction, according to their origin, and derivation.

4. The courts in the Antillas and Philippinas shall continue to observe the present practice of not admitting to the exercise of the profession of lawyer any Peninsular lawyer, unless he first makes the presentation of his titles, before the respective royal Audiencia. But when this legal requirement is observed, the assembly shall have no further power to submit the interested person to any exercise or examination with the object of assuring themselves of his fitness, but shall, on the contrary, consider their powers of intervention limited to declaring the legality of his title, once it has been proved according to the ruling of the preceding disposition, and to order that it be recognized and respected throughout their territory.

5. If, because of the distance or inclemencies of the navigation, considerable harm should come to licentiates, who, when going to the Peninsula, should lose their diplomas and documents, the Audiencia, opening an informatory writ, shall be able to allow them to exercise their profession for a determined period until the presentation of the documents in fitting form.

I write this to your Excellency by royal order, for your information and the advisable results. May God preserve your Excellency many years. Madrid, December 2, 1847.

Arrazola

[Addressed: “Regent of the royal Audiencia and ChancillerÍa of Manila.”]


1 See notes from Barrantes, in VOL. XLVI; and the decree of December 20, 1863.?

                                                                                                                                                                                                                                                                                                           

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