FOREST commissioner's REPORT. I35 



Agent's reports 1876-77 — and preceded to sell at public sale all 

 islands belonging to the State so far as it was possible to ascer- 

 tain. An examination of the schedule of islands sold at that 

 time and their location, shows that with one exception no 

 island was conveyed west of Monhegan — the exception being 

 Cedar Island of the Isle of Shoals. So that while Maine has 

 conveyed islands to some extent within this territory under con- 

 sideration upon application being made for them, the one instance 

 when acting upon information based upon an investigation of 

 island titles, she offered islands for sale, she seems to have care- 

 fully kept out of these limits. 



^^'hile, as has been previously stated, no records remain of 

 the conclusions arrived at by the investigator of island titles at 

 that time to islands within these limits, the results of his labors, 

 as shown in the schedule of islands sold would indicate that he 

 at that time considered the State had no interest in these islands 

 under consideration. 



In 1890 the State sold Wood Island, in Casco Bay near 

 Phippsburg, to Charles W. and George W. Pye. This was an 

 island not previously conveyed by Maine or Massachusetts unless 

 included in confirmation of land titles in Falmouth in 1684. An 

 action was commenced against the purchasers, and they were 

 advised by counsel their title was not good. 



The following resolve is found in the Laws of 1895, Chapter 



93: 



"That the sum of $250.00 and interest from July 3, 1890, 



be and is hereby appropriated for the purpose of reimbursing 

 Charles W. and George W. Pye for money paid by them to the 

 State for property to which the State had no valid title." 



For the reasons above stated, it seems to me that Massachu- 

 setts at the time of Separation had no title to islands west of 

 the Penobscot, except such as lie without the limits of the Waldo 

 Patent, the most westerly of these being Monhegan — either 

 never having title to the same because of grants of settlements 

 prior to her acquisition of the coast of Maine, or having previ- 

 ously conveyed them in her confirmation of land titles to the 

 inhabitants of the District. If Massachusetts had no title at 

 that time, then Maine took none when she acquired Massachu- 

 setts' interests in the public lands. 



