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, [137] 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.