APBA Deed of Gift
Declaration of Trust Governing the American Power Boat Association Challenge Cup for Power-Boats
THIS INSTRUMENT, dated the ______day of _____ 1904, made by the American POWER-BOAT ASSOCIATION, having offered a perpetual challenge cup, to be known as the AMERICAN POWER-BOAT ASSOCIATION CHALLENGE CUP, for the purpose of promoting speed contests and improving and perfecting models and construction of engines for, and lines of, power-boats, hereby set forth and declare the terms and conditions which shall govern the tenure of the said Cup and the competitions therefor.
Any organized yacht club in the United States which is a member of the American Power-Boat Association, and any organized yacht club of good standing in any other country, shall always have the right to challenge for the cup and to sail a match therefor, provided such challenge shall be made and such match sailed in accordance with the terms and conditions of this agreement.
Matches for the cup shall be limited to boats propelled by power only, and whose rating under the rules of the American Power-Boat Association in force at the time of the challenge shall be not less than thirty-five (35) feet, and whose water line length shall not be less than 25 feet, but in no case shall the rating be less than the water-line length.
All matches shall be sailed under the rules and regulations of the American Power-Boat Association in force at the time of the challenge.
The match shall be managed by a committee of three judges, one to be selected by the challenged club, one by the challenging club and a third to be chosen by the two thus selected. Each of said clubs shall nominate its representatives, and notify the other club of its acceptance of the nomination within fifteen days after the acceptance of the challenge. This committee shall have all the powers of a Race Committee, and shall elect its Chairman from its own number. Subject to the Declaration of Trust governing this cup, the committee shall have entire direction of the match, regardless of the number of entries.
The club holding the cup shall defend it between May 30th and October 1st, both inclusive, against all challenges, under the conditions as set forth in this instrument. The date for the first race of any series for this cup shall not be earlier than May 30th nor later than October 1st.
All challenges shall be in writing, and signed by the proper official or officials of the challenging club. To insure a contest, one challenge must be delivered at least six months before the date set for the match. Subsequently, other clubs may challenge and enter the same contest on the terms proposed and accepted in the first challenge received; but no challenge shall be received later than ten days before the date set for the first race of the match.
(a). A match shall consist of three races, to be sailed on consecutive days, excluding Sundays.
(b). Courses shall not be less than twenty nor more than forty nautical miles.
(c). Courses shall be laid in water of not less than two fathoms, and as free from turns as practicable, but the finish must be at the starting line.
(d). The start shall be a one-gun flying start, with a preparatory signal to be given five minutes theretofore, all boats to start in one class and at the same time. The time of start shall be sufficiently early to allow the slowest boat to cover the course and finish before one hour after sunset, barring accidents.
(e). The winner of the match shall be determined by the point system, whereby each boat entering and finishing a race of a match receives one point for her entry and one additional point for each boat which she defeats, the winner being that boat scoring the highest aggregate number of points in all the races of the match. A boat which starts in a race, but does not finish before one hour after sunset, shall receive no points for that race, but shall be counted as a defeated boat in that race by the boats finishing.
(f). Each club whose challenge has been accepted shall name its representative boat in such challenge, and shall file with the challenged club and the Secretary of the American Power-Boat Association, at least ten days before the date set for the first race, a certificate of the Measurer of such club of the measurement of such boat, as measured under the rules of the American Power-Boat Association in force at the time of such challenge, and written upon the blank form provided by the American Power-Boat Association.
(g). No club shall enter more than one boat for the same match.
(h). A boat to be eligible to compete shall be the bona fide property of a member or members in good standing of the club it represents.
(i). Boats must be measured previous to the match by the Measurer of the challenged club, and must have aboard when measured and when racing a suitable anchor and cable, compass and two life buoys.
The club challenging and the challenged club may by mutual consent and agreement fix and decide all the terms and conditions of the match (not inconsistent with the terms and conditions of this instrument), whether relating to dates, courses, notices, or any other matter whatsoever pertaining to the match or preliminary thereto, except that the challenged club must immediately upon receipt and acceptance of first challenge notify in writing the Secretary of the American Power-Boat Association of the fact, and transmit to him a copy of such challenge; and the date for the first race of such match shall not be set for a day earlier than thirty days after the course, dates and any other matters having been agreed upon and written notice of the same sent to the Secretary of the American Power-Boat Association.
The challenging and challenged clubs may also, by mutual agreement, waive such provisions of this instrument as would otherwise govern the match or the preliminaries thereof; provided, however, that the written consent of the Executive Committee of the American Power-Boat Association shall have been first obtained.
If deemed desirable, the terms of this agreement may be modified by the American Power-Boat Association while the cup is in their possession, and when not in their possession by agreement between the American Power-Boat Association and the club having custody of the cup; provided, however, that no modification shall be made during the pendancy of any challenge unless consented to in writing by all the challengers.
In case the club having custody of the cup shall be dissolved or shall cease to exist, or shall refuse to or fail to comply with all the terms and conditions hereof, the said cup shall be thereupon revert to the American Power-Boat Association, and shall continue subject to the terms and conditions of this instrument.
This instrument shall be executed in duplicate originals, one of which shall be preserved with the archives of the American Power-Boat Association, and the other shall accompany and be delivered with the cup whenever won and transferred, and any club winning the cup shall, upon receiving the same, duly execute and deliver to the club from which the cup is received and to the Secretary of the American Power-Boat Association and acknowledgment substantially in the following form:
"Received this ___ day of ______, 190__, from the Yacht Club, The American Power-Boat Association Challenge Cup, awarded to the undersigned club as the of a match held at under the auspices of the Yacht Club on the day of , 190 , which cup is delivered to the undersigned club in pursuance of the terms of a certain instrument executed by the American Power-Boat Association under the date of the day of , 190 , and will be held by the undersigned club, subject to all the terms and provisions of said instrument."
IN WITNESS WHEREOF, The American Power-Boat Association has caused this instrument to be signed and executed by its president and Secretary, in duplicate originals, this day , 190 .
(Transcribed from The Rudder, March, 1904. pp. 223-224 )
[Thanks to Greg Calkins for help in preparing this page LF]
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