Page:United States Statutes at Large Volume 57 Part 1.djvu/122

 57 STAT.] 78TH CONG., 1 ST SESS.-CH. 117-JUNE 4, 1943 1UY be deposited in the clearing account of the fund. All moneys so required to be paid to and collected by the Board shall be subject to audit by the District auditor. "(b) Not later than the last day of the following month after the mReR and Py- close of each calendar quarter, or at such other time as the Board may by regulations prescribe, every employer shall make a return of, and shall pay the contributions which shall have accrued with respect to, wages paid during such quarter with respect to employment. Each such return shall be filed with the Board, and shall contain such Fi"ng; ontents. information and be made in such manner as the Board may by regu- lation prescribe. No extension of time for filing the return or for payment of the contributions shall be allowed to any employer, except as herein provided. "(c) If the contributions are not paid when due, there shall be coInteret on unpaid added, as part of the contributions, interest at the rate of 1 per centum per month from the date the contributions became due until paid. "(d) In the event of the dissolution, insolvency, receivership, bank- Priority in event of ruptcy, composition, or assignment for benefit of creditors of any employer, contributions then or thereafter due from such employer under this section shall have priority over all other claims, except taxes due the United States or the District, and wages (not exceeding $600 with respect to any individual) due for services performed within the three months preceding such event. "(e) If any employer liable to pay the contribution or tax imposed Lies. by section 3 of this Act neglects and refuses to pay the same after demand, the amount (including any interest) shall be a lien upon all of the property and rights to property, whether real or personal belonging to such person. Such lien shall not be valid as against any mortgagee, pledgee, purchaser, or judgment creditor until notice thereof has been filed by the Board with the clerk of the District Court of the United States for the District of Columbia. The Board Enforcement. may cause a civil action to be filed in the District Court of the United States for the District of Columbia to enforce the aforesaid lien by sale of any property or rights to property, whether real or personal, of the delinquent employer affected by said lien. All persons having liens upon or claiming any interest in the property or rights to prop- erty sought to be sold, as aforesaid, shall be made parties to the proceedings and brought into court. The court shall proceed to Adjudieation. adjudicate all matters involved therein and finally determine the merits of all claims to a lien upon the property and rights to the property in question, and in all cases where a claim or interest of the sale of property. Board therein is established, may decree a sale of such property and rights of property by the proper officer of the court, and any sale made pursuant to such proceedings shall be made subject to any and all valid liens existing against said property or rights to property, at the date of filing of the notice of lien. Such action shall be heard by Hearings. the court at the earliest possible date, and shall be entitled to prefer- ence on the calendar of the court over all other civil actions except petitions for judicial review of this Act. In any suit to enforce a Filing of undertak- lien hereunder the owner of the property or rights of property affected ing. by said lien may be allowed to file with the clerk of the District Court of the United States for the District of Columbia a written under- taking with two or more sureties to be approved by the court, or with corporate surety approved by the court, to the effect that he and they will pay the judgment that may be recovered and costs which judg- ment shall be rendered against all the persons so undertaking. Upon the approval of said undertaking the property or rights of property shall be released from such lien. No such undertaking shall be Notice to Board. approved by the court until the owner of the property or rights of

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