| |
 |
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 present
does grant, bargain, sell, assign, transfer, and set over,
unto 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 conditions
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
on 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 forty-four 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 1st and May 1st.
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.
Center-board 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
center-board or sliding keel, nor shall the center-board
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 time allowances whatever.
The challenged Club shall not be required
to name its representative vessel until at a 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 the 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, such Cup shall revert to the
preceding Club holding the 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 part 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 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.
GEORGE L. SCHUYLER, (L.S.)
In the presence of THE NEW YORK
YACHT CLUB
H. D. Hamilton.
Elbridge T. Gerry, Commodore (Seal of the New York Yacht
Club)
John H. Bird, Secretary
|
