Page:United States Statutes at Large Volume 57 Part 1.djvu/123

 PUBLIC LAWS-CH. 117-JUNE 4, 1943 property in question shall have given at least two days' notice to the Board of his intention to apply to the courts therefor. Each notice shall give the names and residences of the persons intended to be offered as sureties and the time when the motion for such approval will be made, and such sureties shall make oath if required that they are worth over and above all debts and liabilities double the amount of said lien. The Board may appear and object to such approval. Exception. When corporate surety is offered and the undertaking bears a certifi- cate of the clerk of the District Court of the United States for the District of Columbia that said corporation holds authority from the Secretary of the Treasury to do business in the District of Columbia Offering before suit. and has a process agent therein, no notice shall be required. Such an undertaking as above mentioned may be offered before any suit is brought in order to discharge the property from such lien, in which case notice shall be given as aforesaid to the Board and the same proceedings shall be had as above directed in relation to the under- taking to be given after the commencement of the suit, except that when the surety is a corporation and the undertaking bears a certificate of the clerk of said District Court of the United States for the District of Columbia that said corporation holds authority from the Secretary of the Treasury to do business in the District of Columbia, and has a process agent therein, no notice shall be required; and said under- taking shall be to the effect that the owner of said property or rights of property and his said sureties will pay any judgment that may be rendered in any suit that may thereafter be brought for the enforce- Approval. ment of said lien. If such undertaking be approved before any suit is brought, the surety or sureties may be made parties to such suit; if the undertaking be approved after suit is brought, the surety or sureties shall ipso facto become parties to the suit, and in either case the decree of the court shall be against the surety or sureties as well of lien ofrelease as the owner. Subject to such regulations as the Board may prescribe, the Board shall issue a certificate of release of the lien if the Board finds that the liability for the amount of the contribution or tax inmposed, together with all interest in respect thereof, has been satisfied valiityo lien. or for any other reason deemed proper by the Board. Such lien shall continue to be valid for a period of ten years from the date of filing of the notice thereof with the clerk of the 'istrict Court of the United States for the District of Columbia, unless the same shall have been mrntlelai t be cu. released of record, as hereinbefore provided. The foregoing remedly of the Board shall be cumulative and no action taken by the Board shall be or be construed to be an election on the part of the Board to pursue any remedy hereunder to the exclusion of any other remedy for which provision is made in this Act. tractor on- (f) Whenever any employing unit contracts with or has under it any contractor or subcontractor for any employment which is a part of its usual trade, occupation, profession, or business, said employing unit shall report to the Board, in accordance with applicable regula- tions, the name and address of each and every such contractor or subcontractor so employed. Unless such report is made the employ- ing unit shall for all purposes of the Act be deemed to employ each individual in the employ of each such contractor or subcontractor for each day during which such individual is engaged solely in per- forming such employment. Any employing unit who thus becomes liable for and pays contributions with respect to individuals in the employ of any such contractor or subcontractor, however, may recover same from such contractor or subcontractor. Fraction of cent. "(g) In payment of any contribution, a fractional part of a cent shall be disregarded unless it amounts to one-half cent or more, in which case it shall be increased to 1 cent. [57 STAT.

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