Fredericksburg District Court Records
District Court Arbitrations, Document # 372-4

1804
Dunmore County
Tipton & c vs Brown

And the aforesaid John Tipton and Abraham Shelton say that or any
thing alleged by the said William Brown, Samuel Fargerson, and
Thomas Marshall, in pleadings they ought not to be precluded from
having their said action thereof against them, because they say,
that the said William Brown, Samuel Fargerson, and Thomas
Marshall have not since the date of the writing obligatory
aforesaid, viz the 5th day of May in the year of our lord 1774
until the present performed and fulfilled the conditions of the
bond aforesaid: because they the said John Tipton and Abraham
Shelton aver and say: that vis the said William Brown did not
built a gaol for the County of Dunmore of the dimensions and plan
following which plan and dimesnsions were as follow: that is to
say;

that the said jail should be thirty six feet long and thirty feet
wide that it should be divided into three apartments; that the
walls should be two feet six inches thick and should be dug in the
ground two feet deep for the foundation and filled to the surface
of the earth with stone and lime; that upon the said foundation
oak sleepers one foot in depth should be laid and also six inches
separate; that the floor should be made of seasoned oak planks,
two inches thick and nailed to each sleeper with 30d nails or
fastened with good spikes; that the outside walls should be nine
feet in height and two and a half in thicknefs; that the
partition wall should be two feet in thicknefs with a chimney
four feet bord in the middle of the partition; that at the
distance from every two feet from the bottom to the top of the
walls above the earth, pieces of timber, six by nine should be
laid to which were to be nailed the plank which wainscotted the
said jail, which is to be fastened with 30d nails or good spikes;
that the insdie or partition walls should be built in the same
manner; that acrofs the walls, logs 12 inches deep should be laid
and the lower or inner part covered and fastened in the same
mamner and with the same materials as the floor; that to the
whole theretha be a pigeon roof framed of oak scantling and
covered with rounded shingles not shewing more than six inches
with a cornish all round; that the chimney should be well secured
by [??] and should have an iron-grate in the funnell fixed with
iron spikes on the top of the upper joist; that in the largest
room there should be two sash windows of 12 lights each 8 by 10
and in the other apartments one sash window of 12 lights each 6
by 8 with iron grates by each; that there should be a door to
each apartment well secured by iron bars rivatted thro and
containing an iron grate, fixed on proper hinges and provided
with proper locks; that there should be a close stool with an
iron conveyance thro the wall in each room; that it should be left
to the descretion of the aforesaid William Brown to built the
said jail from the surface of the earth upwards either of brick
or stone & that the whole should be furnished on the aforesaid
1st day of November in the year of our lord 1775; that on the
aforesaid 5th day of May 1774, the said William Brown Samuel
Fargeson, and Thomas Marshall found themselves their heirs ,
executors and administrators jointly and severally in the sum of
796œ specified in the said declaration for the on condition that
the said William Brown should build the said prison or goal on
the terms aforesaid and in the manner aforesaid; And the said
John Tipton and Abraham Shleton, do further say that altho they
afterwards to wit on the       day of     in the year of our lord
at the parish of     in the county aforesaid requested the said
Willima Brown Samuel Fargerson and Thomas Marshall to pay to them
the said 796œ by protestation that they the said William Brown,
Samuel Farerson and Thomas Marshall have not stood to obeyed
observed fulfilled or kept any part of the said contract which by
them ought to have been stood to obeyed observed, fulfilled &
kept for further plea, therein say that they the said William
Brown Sameul Fargerson and Thomas Marshall the said 796œ to them
the said John Tipton and Abraham Shelton have not bother to paid;
further refused and still do refuse to pay the same, and this
they are ready to cerify wherefore they pray judgment and their
debt aforesaid together with the damages occasioned by the
detention of said debt, to be adjudged unto them.