2748 ARTICLE 88.

ARTICLE 88.

SLANDER OF FEMALES.

1. Slanderous words against chastity, of. 2. Slandered female, whether married or single, may sue for.

3. If an infant, by prochein ami. 4. Husband may sue for such slander, when.

An. Code, sec. 1. 1904, sec. 1. 1888, sec. 1. 1838, ch. 114, sec. 1. 1888, ch. 441.

1. All words spoken falsely and maliciously touching the character
or reputation for chastity of any woman, whether single or married, and
tending to the injury thereof shall be deemed slander, and shall be treated
as such in the several courts of law in this State.

For words slanderous per se under this section, see Brinsfield v. Howeth, 110 Md.
526; Cairnes v. Pelton, 103 Md. 45; Shilling v. Carson, 27 Md. 183; Terry v. Bright,
4 Md. 434. Cf. Brinsfield v. Howeth, 107 Md. 282.

This article does not fix measure of damages, same being determined by principles
of common law. Exemplary damages. Wilms v. White, 26 Md. 388.

A woman is expected to be ready to vindicate her chastity. Every woman is pre-
sumed to be chaste. Damages. Shilling v. Carson, 27 Md. 183.

Purpose of this section; a sufficient reference thereto in the declaration. Terry v.
Bright, 4 Md. 434.

This section changes the common law. Cairnes v. Pelton, 103 Md. 45; Hemming
v. Elliott, 66 Md. 199; Wagaman v. Byers, 17 Md. 187.
For form of declaration in action of slander, see art. 75, sec. 28, sub-sec. 34.

An. Code, sec. 2. 1904, sec. 2. 1888, sec. 2. 1888, ch. 444.

2. Any woman, whether single or married, whose character or repu-
tation as a woman of chastity may be traduced or defamed by any person
may sustain an action of slander in her own name against such person.
See notes to sec. 1.

An. Code, sec. 3. 1904, sec. 3. 1888, sec. 3. 1888, ch. 444.

3. If the woman, so injured, shall be a feme sole under the age of
eighteen years she may prosecute such action of slander by her prochein
ami.

Cited but not construed in Hemming v. Elliott, 66 Md. 199.

An. Code, sec. 4. 1904, sec. 4. 1888, sec. 4. 1888, ch. 444.

4. The husband of any female may prosecute and sustain an action of
slander against any person for words falsely and maliciously spoken sub-
sequently to her marriage touching her character or reputation for chastity
before or during her marriage.

It is error to join the wife with the husband in a suit under this section Hemminsr
v. Elliott, 66 Md. 199.

Discharge in insolvency does not release judgment for defaming female art. 47, sec. 33.