The administrator may let, by public or private contract, the dwelling houses owned by the decedent, or any part thereof, and may also let rural properties of small value, or any part thereof, according to the price current and under the customary conditions in the locality. The administrator may continue leases in force at the death of the decedent, or renew such leases as had expired under the terms previously agreed to by the said decedent, or for the same or higher rent, whatever may be the value and kind of the real estate. But leases of manufacturing establishments, or rural estates the annual rental of which exceeds one thousand (1000) dollars, and leases which, under the provisions of Title 30, the Mortgage Law, should be recorded in the registry of property, must be made to the highest bidder at public auction. The average rent of the same property for the five (5) preceding years, or, if such average cannot be made, the appraisement made by experts appointed by the judge shall be stated in the announcement of such public auction, which shall be held by the marshal, and shall constitute the minimum amount accepted as a bid. The administrator shall prepare specifications for such public auction and shall submit the same to the court for its approval. Notice of the auction and specifications therefor shall be posted in the office of the clerk of the court and in the customary public places of the town where the property is situated. Such notice or announcement shall also be published for such time and in such paper as shall be determined by the judge.
History —Code Civil Proc., 1933, § 576.