Page:Federal Reporter, 1st Series, Volume 6.djvu/703

 IN BE MOTT. 691 �paper being one ; but on his omission to do so the clerk 'will allot the publications to the said papers as equally as conve- niently may be ; and when the bankrupt resides eut of the city and county of New York the court will designate some paper published (if any there be) in the county where he resides." �The petition alleges that notice of the original petition of bankruptcy in this case, which by the act was required to be published in newspapers, was published in the Morning Cou- rier and New York Enquirer, the New York American, and the New York Daily Express; and the illegality alleged in thia order of sale is that it did not, in conformity with rule 62, direct advertisement to be made in those three newspapers in which the notice of the original petition was thus published» �An examination of ail the orders of sale, in cases in bank- ruptcy under that act, from 1845 to the present time, direct- ing sales by auction to be made by the assignee, shows that not one is to be found in which the court designated the' newspapers required by rule 62, if that rule appUed. In many of them a different designation was made. This, it seems to me, is conclusive that rule 62 was not construed as applying to sales made under the special order of the court. A settled construction of a rule by the court which made it, is just as much a part of the rule as its text. The third section of the act vested the estate of the bankrupt in. the assignee. It provided that ^'the assignee shall be vested with ail the rights, titles, powers, and authorities to seU, manage, and dispose of the same, and to sue for and defend the same, subject to the orders and directions of such court,, as fuUy to ail intents and purposes as if the same were vested in or might be exercised by such bankrupt before or at the time of his bankruptcy." The ninth section provided, as above cited, that "ail sales, transfers, and other conveyanoes of the assignee of the bankrupt's property, etc., shall bemade at such times and in such manner as shall be ordered and appointed by the court in bankruptcy." These provisions of the statute make the rules, and the practical construction given to them, intelligible. As ail sales must be made under ��� �