FOREST commissioner's REPORT. I4T 



Provided, that where any original settler has sold, or other- 

 wise disposed of his improvements to any other person, the pur- 

 chaser of such improvements, his heirs or assigns shall hold the 

 same lands which sudi original settler would have held by virtue 

 of this resolve, if there had been no such sale or disposition." 



Other resolves relative to these islands are : 

 Resolve of February 19, 1787. 

 Resolve of June 17, 1791. 



I have set out the description of this grant in full, as its con- 

 struction determines the title to very many of the smaller islands' 

 in this vicinity. 



This group was surveyed by Rufus Putnam, and a plan re- 

 turned of it, called "The Fox Island Division." This plan shows 

 the outline of this cluster of islands, and contains a list of 

 twenty-one which were surveyed, and make up the acreage of 

 sixteen thousand five hundred and twenty-seven acres. Others 

 are shown on this plan which bear no name and were not sur- 

 veyed ; while perhaps still others do not appear on the plan at all. 



Were any other islands than the twenty-one named on this 

 plan, together making up the acreage specified in the preamble 

 of the resolve, included in this grant ? 



A glance at the map will show that the two large Fox Islands 

 named on the old plan as North and South Fox Islands, and the 

 numerous small islands surrounding them, form a distinct group 

 of islands separated from the mainland and all other islands by 

 a considerable expanse of water on all sides. 



While a reference is made, both in the preamble and granting 

 clause of this resolve, to the Putnam plan, the group of islands is 

 also definitely bounded — on the west and north by Penobscot 

 Bay; east by Fox Island Bay (which separates these islands 

 from the Isle au Haut and Deer Island Division) ; and southerly 

 by the Atlantic Ocean. 



It Vk^puld appear to me from the location of these islands, dis- 

 tinctly grouped by themselves as they are, that the bounds 

 specifically mentioned would be controlling, and that all of the 

 islands of this group, whether mentioned in the list accompany- 

 ing the plan or not, would be included. They were probably not 

 considered of enough importance by Putnam to survey. 



During the former investigation of island titles in 1876, this 

 question was under consideration ; and I found from looking 



