The Laws of Texas, 1822-1897 Volume 2 Page: 485
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Laws of the Republic of Texas.
21
rules, regulations and restrictions, as exist in other suits, and the
court may award costs to the party in whose behalf the sentence
or decree shall pass, or that each party shall pay his or her own
costs as to the court shall appear reasonable, and that either party
may obtain an appeal to the supreme court from any decree made
in any suit under this act, in the same manner as in other suits,
without bond and security, if the situation of the party appellant
shall render it necessary for the purposes of justice that an appeal
should be thus prosecuted.
Sec. S. Be it further enacted, That if the wife, whether complainant
or defendant, has not a sufficient income for her maintenance
during the pendency of the suit for a divorce, the judge
shall allow her a sum for her support proportional to the means.
of the husband, until a final decree shall be made in the case.
Sec. 9. Be it further enacted, That on and after the day on
which the action for divorce, shall be brought, it shall not be lawful
for the husband to contract any debts on account of the community,
nor to dispose of the lands or slaves belonging to the same;
and any alienation made by him after that time shall be null and
void, if it be proved to the satisfaction of the judge and jury that
such alienation was made with a fraudulent view of injuring the
rights of the wife.
Sec. 10. Be it further enacted, That at any time during a suit
for divorce, the wife may for the preservation of her rights, require
an inventory and an appraisement to be made of both the real and
personal estate which are in the possession of the husband, and an
injunction restraining him from disposing of any part thereof in
any manner.
Sec. 11. Be it further enacted, That where a divorce from the
bonds of matrimony is prayed for on the ground of adultery, when
the marriage was solemnized abroad, it must clearly and distinctly
appear to the satisfaction of the court and jury, that both parties
were inhabitants of this Republic at the time the adultery was committed,
and to entitle a party to sustain a petition for such divorce,
he must be an actual and bona fide inhabitant of this republic at
the time of the adultery committed, and at the time of exhibiting
his petition.
Sec. 12. Be it further enacted, That in any suit for a divorce
for the cause of adultery, if it shall be proved that the complainant
has been guilty of the like crime, or has admitted the defendant
into conjugal society or embraces after he or she knew
the criminal fact, or that the complainant (if the husband) allowed
of his wife's prostitution or exposed her to lewd company, whereby
she became ensnared to the crime aforesaid, it shall be a good de(485)
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1822-1897 Volume 2, book, 1898; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth6726/m1/489/: accessed May 5, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .