Deed of Gift – 16-channel optic video multiplexer – china Multiservice Multiplex
Brief history
The surviving members of the syndicate which owned the yacht America, the first winner of the America’s Cup (ne oyal Yacht Squadron Cup or the YS Cup for One Hundred Sovereigns),[citation needed] donated the Cup through a Deed of Gift to the New York Yacht Club on July 8, 1857. The Cup would be held in trust as a hallenge trophy” to promote friendly competition among nations, with the Deed of Gift being the primary instrument governing the rules to make a valid challenge for the America Cup and the rules of conduct of the races.
After the 1881 Cup match, the New York Yacht Club officially returned the Cup to George L. Schuyler, the sole surviving member of the syndicate that owned America to rewrite the deed to discourage inland-based yacht clubs from challenging the Cup.[citation needed] This revised Deed incorporated, among other things, the following rules: the challenger yacht club’s annual regatta must take place on the sea or on an arm of the sea, and the challenging boat must sail to the site of the contest on her own bottom, as the yacht America did when first winning the cup in England.
In 1887, the challenging yacht hull was much longer than originally stated by the challenger, a potential advantage. The difference alarmed the N.Y.Y.C., but they rectified the situation by handicapping the challenger. Although the N.Y.Y.C. successfully defended the Cup that year, the problem spurred them to rewrite the Deed. Once again the club officially returned the Cup to Schuyler. The third Deed is much longer and couched in legal terminology; it is unlikely that Mr. Schuyler himself authored the document.[citation needed] The third Deed tightened the rules for challenging; for example, it stated explicitly that the challenger must not exceed the dimensions provided to the holder of the Cup. The new version of the rules created an uproar among many British yachtsmen, who claimed that the new rules made it impossible to challenge. No one challenged until six years later, when a British lord set forth his first of two challenges.
After the Second World War, the N.Y.Y.C. amended the Deed by changing the requirement regarding waterline length: the minimum waterline length was reduced from 65 feet (20 m) to 44 feet (13 m) to allow the use of the 12-metre class. In addition, the rule that the challenging boat had to sail on her own bottom to the site of the match was eliminated, permitting boats to be shipped to the venue without requiring them to be able to sail across oceans (or contain living accommodations).
In 1985 a second amendment was made to allow for matches to take place during an antipodean summer.
Interpretation
The Deed of Gift is a registered Trust document in the Supreme Court of the State of New York in Albany, New York. An interpretation of the document, when contested, can be taken before that Court for clarification on whether the Deed of Gift’s terms and conditions (as written by George L. Schuyler) are being met.
There have been two instances of litigation regarding interpretation. The first was during the 1988 America’s Cup, where the question was first, whether the Mercury Bay Boating Club was a valid challenger and if the San Diego Yacht Club had to accept their challenge; and second, whether the Defender’s boat (a catamaran) complied with the terms of the Deed of Gift. The answer was yes to both questions.
The second was during the 2010 America’s Cup, where the question was whether a valid challenge could come from a club that had not previously had an annual regatta on an ocean water course or an arm of the sea. The answer was no.
Notes
^ Deed of Gift from Wikisource
^ The Deed of Gift of the America’s Cup and related manuscripts from the archives of the New York Yacht Club Revised Edition (2007) by Ryoichi Steven Tsuchiya
^ The Lawson History of the America’s Cup (1902) by Winfield M. Thompson and Thomas W. Lawson
^ BYM News More about the Deed of Gift & subsequent changes.
^ http://www.courts.state.ny.us/reporter/archives/mercury_sandiego.htm
^ http://www.nycourts.gov/ctapps/decisions/2009/apr09/25opn09.pdf
External links
Works related to America’s Cup Deed of Gift with amendments and interpretive resolutions at Wikisource
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America’s Cup
America’s Cup
1851 1870 1871 1876 1881 1885 1886 1887 1893 1895 1899 1901 1903 1920 1930 1934 1937 1958 1962 1964 1967 1970 1974 1977 1980 1983 1987 1988 1992 1995 2000 2003 2007 2010 Next
Louis Vuitton Cup
Challenger Selection Series
1983 1987 1992 1995 2000 2003 2007 (Acts)
Citizen Cup
Defender Selection Series
1987 1992 1995
See also: Deed of Gift IACC (yachts regattas) Wind (film) Louis Vuitton Trophy
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Categories: America’s Cup | Legal documents | New York Yacht Club | Supreme Court of New York cases | Sports stubsHidden categories: All articles with unsourced statements | Articles with unsourced statements from February 2010
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