l62 FOREST commissioner's REPORT. 



land. Again, in the case of islands — and perhaps in some in- 

 stances in deeds of the main — if deeded by name without refer- 

 ence to plans, and without particular description, the deed would 

 convey what that name was commonly understood to designate 

 or cover. 



There is on file at the Land Office a legal opinion by Hon. 

 Albert W. Paine, of Bangor, on this subject, furnished the agent 

 in 1876 when a previous investigation of island titles was being 

 made. It goes quite fully into this subject. Acting under it, the 

 State conveyed many of such islands then, and has to some 

 extent since. 



This question was under consideration by the Maine Court in 

 Inhabitants of Eden vs. Pineo, reported in 108 Me., P. 73. The 

 court there held that Bar or Rodick Island near Mt. Desert, to 

 be a separate island and no part of Mt. Desert Island, although 

 there was a bar between the two left bare by the tide twelve 

 hours out of every twenty- four. 



This question was called to the attention of the Legislature by 

 Oliver Frost in his report on islands made in 1838. His report 

 says : 



"It will be seen by reference to the plans herewith returned, 

 that there are many small islands and ledges represented near 

 the shores and contiguous to larger islands, and frequently con- 

 nected with them by bars, of which no account was taken by 

 surveyors. It is supposed that these were reckoned as a part of 

 the mainland or islands with which they were connected — and 

 in all applications for the purchase of such small islands not 

 contained in the schedule, nor in the assignments to the respect- 

 ive States, care should be taken in all new contracts, to preserve 

 the equitable rights of the purchasers of our larger islands." 



In connection with this point, the question arises. What form- 

 ation of rocks, ledges or other substances arising above the 

 surface of the water may be termed an island? 



This question was before the Maine court in Babson vs. 

 Tainter, reported in 79 Me., P. 368. It was held that a parcel 

 of land containing about two acres, unfit for the habitation of 

 man, must be considered as having size and permanency enough 

 to entitle it to the appelation of an island — and would be subject 

 to adverse possession. 



In King vs. Young, reported in yd Me., P. 76, the Court held 

 that a mussel-bed over which water flows at every tide is not 



