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North Carolina Ss.

James Tuke of pastotank precinct in Albermarle County this province of North Carolina Merchant was attached to answere the suite of Miles Cary of Virginia Gentl. in an accon of Trespass & Contempt against the forme of a Statute made by the Grand Assembly of this province between the 21st. day of January in the year 1705/6 and the 8th. day of March then next following, Intituled an Act concerning Servants & Slaves, [illegible] said Act it was (int. alia) enacted In the following or the like words (vizt.) That what person or persons shal privately entertain or harbour any Runaway Servant, Negroe, or Slave above one night shal for every 24 hours afterwards pay Ten shillings to the master of the said Servant or Slave and if the Master shall susteine any Damage above the said servants or slaves labour for the time of such concealment upon proofe thereof made, he shal recover such Damages with costs over & above the penalty in this Act beforemenconed in any Court of Record in this Government wherein no Essoyne protection or wager at Law shal be allowed, as by the said Act now ready to be produced to this Court may more fully & at large appear Notwithstanding which said Act and aswell in contempt thereof as contrary to the true intent & meaning thereof He the Said James Tuke over & above the said night so allowed by the said Act as aforesaid, By force & Arms & against the peace of our sovereigne Lady the Queene did on or [illegible] the 27 day of January now last past entertaine, harbour, keep, unjustly detaine, a Runaway negroe Slave of his the said Miles Cary (comonly) called or knowne by the Name of Stephen, & him hath ever since so entertained, harboured, kept, & unjustly detained, & him hath used, and imployed, during the time of such his keeping him & detaining him as his the said James Tuke's own proper Slave, & still doth him so entertaine, harbour, keep, detaine, use, & imploy although He the said James Tuke well knew during all the time of such his keeping & detaining him the said Slave as aforesaid, and yet knows that he then was & yett is really & bona fide the Negroe Slave of him the said Miles Cary, and which did & doth to him the sd MIles Cary of right belong, and that as [illegible] his the said Miles Cary's Slave He the said Miles Cary did on or about the said 27th: day of January now last past demand, & require, and since hath from time to time demanded, & required, him of & from him the said James Tuke, But he the said James Tuke alwaies did & yett doth refuse & deny to deliver up, or Surrender the said Negroe Slave to the said Miles Cary, or to suffer or permitt him the said Miles Cary to take or Carry him the said Negroe Slave away, all which the aforesaid Actings & doings of his the said James Tuke proving of Great Detriment & Damage to the said Miles Cary, and being contrary to Law & Justice, & directly against, and in opposition, contempt, & defiance of the said act as aforesaid & against the true intent & meaning thereof. He the said Miles Cary hath justly & lawfully brought this his accon aswell for the Recovery of his said Negroe Slave, and the penalty allowed by the said Act as aforesaid, as, for the Recovery of his further Damage susteined over & above the said Slaves labour, together with his full Costs according to the purport & true intent & meaning of the aforesaid Act. And in order thereto He the said Miles Cary doth fully insist upon having his said Negroe Slave delivered up to him by the said James Tuke and also upon having allowed to him (according to the real intent & meaning of the aforesaid Act) the aforesaid penalty and also upon having his further damages over & above his sd Negroes labour, (The which said further damages he charges at one one hundred pounds) and also his Costs, together with all other advantages & benefitts allowed him or intended & meant to be allowed ^[him]^ the said Act, and on every clause matter & thing contained in the said Act which may or can be any ways aiding & assisting to him the said Miles Cary in this his Suite and the said Miles Cary declares his Damages sustained in and by the premises aforesaid to the value of 5 five hundred pounds, and therefore he comences this his Suite &ca.

Danl. Richardson ⅌ the Plt.

Non Cult: per patrian

Cary—
agt.      }Declaracon—
Tuke—

To be tryed the next July General Court.