America's Cup 2013: Rules
Deed of Gift


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Deed of Gift


Related Pages: Overall Rules | Deed of Gift | Protocol | AC72 Class Rule | Racing Rules | Administration

On This Page: Amendment | Read The Deed
 

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The Deed of Gift (1887):

The Deed of Gift describes the terms of George L. Schulyer's presentation of the Trophy to the New York Yacht Club as a Challenge Cup, determines who may challenge for the Cup, and the rights and responsibilities of the Defender and Challenger.  Schuyler was the last surviving member of the group that commissioned the yacht America and originally won the Trophy in England in 1851. 

The Deed provides certain terms under which the club possessing the trophy, in the role of Trustee, must accept bona fide challenges from foreign yacht clubs, and how the Match is to be raced.  The Deed also permits the two clubs to negotiate different terms on most issues concerning the racing if they mutually consent.  The Challenger and Defender have agreed in this manner on modified terms for 32 of the 34 Defenses of the America's Cup since 1870, excepting 1988 and 2010.

The terms and conditions of the Trust are binding on subsequent trustees, a condition they agree to, and which they must ensure is followed by subsequent trustees.

The Deed itself is a legal document in the State of New York.  As such, it is overseen and enforced by the Supreme Court of the State of New York.

Amendments:
Amending the Deed of Gift requires action of the New York Supreme Court, and participation of the New York State Attorney General. 

The Deed was amended in 1956 to allow 12-Meter yachts to compete in the match, a smaller design than the Deed originally permitted.  The Deed was amended again in 1985 to permit the dates of a Southern Hemisphere match during the Australian summer, in advance of the upcoming defense in Fremantle.  Additionally, the Court upon request provided a Judicial Interpretation in 1984 that the term "Arm of the Sea" included Lake Michigan, and thus the Chicago YC was entitled to be a challenger.

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Text of the Third Deed of Gift:
 

Third Deed of Gift (as amended 1956 and 1985).

This DEED OF GIFT, made the twenty-fourth day of October, one thousand eight hundred and eighty-seven, between GEORGE L. SCHUYLER as the sole surviving owner of the Cup won by the yacht America at Cowes, England, on the twenty-second day of August, one thousand eight hundred and fifty-one, of the first part, and the NEW YORK YACHT CLUB, of the second part, [as amended by an order of the Supreme Court of the State of New York dated December 17, 1956 and April 5, 1985]. WITNESSETH:

THAT the said party of the first part, for and in consideration of the premises and of the performance of the conditions and agreements hereinafter set forth by the party of the second part, has granted, bargained, sold, assigned, transferred, and set over, and by these presents does grant, bargain, sell, assign, transfer, and set over, unto the said party of the second part, its successors and assigns, the Cup won by the schooner yacht America, at Cowes, England, upon the twenty-second day of August, 1851. To Have and To Hold the same to the said party of the second part, its successors and assigns, IN TRUST, NEVERTHELESS for the following uses and purposes: -

This Cup is donated upon the condition that it shall be preserved as a perpetual challenge cup for friendly competition between foreign countries.

Any organized yacht Club of a foreign country, incorporated, patented, or licensed by the legislature, admiralty, or other executive department, having for its annual regatta an ocean water course on the sea, or on an arm of the sea, or one which combines both, shall always be entitled to the right of sailing a match for this Cup, with a yacht or vessel propelled by sails only and constructed in the country to which the challenging club belongs, against any one yacht or vessel constructed in the country of the Club holding the Cup.

The competing yachts or vessels, if of one mast, shall be not less than sixty-five [forty-four (amended in 1956)] feet nor more than ninety feet on the load water line; if of more than one mast, they shall be not less than eighty feet nor more than one hundred and fifteen feet on the load water line.

The challenging club shall give ten months' notice in writing naming the days for the proposed races; but no race shall be sailed in the days intervening between November first and May first [if the races are to conducted in the Northern Hemisphere; and no race shall be sailed in the days intervening between May 1st and November 1st if the races are to be conducted in the Southern Hemisphere (amended in 1985)]. Accompanying the ten months' notice of challenge, there must be sent the name of the owner and a certificate of the name, rig and following dimensions of the challenging vessel, namely, length on load water line; beam at load water line and extreme beam; and draught of water; which dimensions shall not be exceeded; and a custom-house registry of the vessel must also be sent as soon as possible. [Vessels selected to compete for this Cup must proceed under sail on their own bottoms to the port where the contest is to take place. (removed via amendment, 1956)]  Centreboard or sliding keel vessels shall always be allowed to compete in any race for this Cup, and no restriction nor limitation whatever shall be placed upon the use of such centereboard or sliding keel, nor shall the centreboard or sliding keel be considered a part of the vessel for any purposes of measurement.

The Club challenging for the Cup and the Club holding the same may by mutual consent make any arrangement satisfactory to both as to the dates, courses, number of trials, rules and sailing regulations, and any and all other conditions of the match, in which case also the ten months' notice may be waived.

In case the parties cannot mutually agree upon the terms of a match, then three races shall be sailed, and the winner of two of such races shall be entitled to the Cup.  All such races shall be on ocean courses, free from headlands, as follows: the first race, twenty nautical miles to windward and return; the second race an equilateral triangular race of thirty-nine nautical miles, the first side of which shall be a beat to windward; the third race (if necessary) twenty nautical miles to windward and return; and one week day shall intervene between the conclusion of one race and the starting of the next race. These ocean courses shall be practicable in all parts for vessels of twenty-two feet draught of water, and shall be selected by the Club holding the Cup; and these races shall be sailed subject to its rules and sailing regulations so far as the same do not conflict with the provisions of this deed of Gift, but without any times allowances whatever. The challenged Club shall not be required to name its representative vessel until at the time agreed upon for the start, but the vessel when named must compete in all the races; and each of such races must be completed within seven hours.

Should the Club holding the Cup be for any cause dissolved, the Cup shall be transferred to some Club of the same nationality, eligible to challenge under this deed of gift, in trust and subject to its provisions. In the event of the failure of such transfer within three months after such dissolution, said Cup shall revert to the preceding Club holding same, and under the terms of this deed of gift. It is distinctly understood that the Cup is to be the property of the Club, subject to the provisions of this deed, and not the property of the owner or owners of any vessel winning a match.

No vessel which has been defeated in a match for this Cup can be again selected by any Club as its representative until after a contest for it by some other vessel has intervened, or until after the expiration of two years from the time of such defeat. And when a Challenge from a Club fulfilling all the conditions required by this instrument has been received, no other challenge can be considered until the pending event has been decided.

AND the said party of the second part hereby accepts the said Cup subject to the said trust, terms and conditions, and hereby covenants and agrees to and with said party of the first part that it will faithfully and fully see that the foregoing conditions are fully observed and complied with by any contestant for the said Cup during the holding thereof by it; and that it will assign, transfer, and deliver the said Cup to the foreign yacht Club whose representative yacht shall have won the same in accordance with the foregoing terms and conditions, provided the said foreign Club shall by instrument in writing lawfully executed enter with said party of the second part into the like covenants as are herein entered into by it, such instrument to contain a like provision for the successive assignees to enter into the same covenants with their respective assignors, and to be executed in duplicate, one to be retained by each Club, and a copy thereof to be forwarded to the said party of the second part.

IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal, and the said party of the second part has caused its corporate seal to be affixed to these presents and the same to be signed by its Commodore and attested by its Secretary, the day and year first above written.

In the presence of H. D. Hamilton.

George L. Schuyler, (L.S.)
The New York Yacht Club
by Elbridge T. Gerry, Commodore
John H. Bird, Secretary

 
     

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