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ART. XC] SURETIES. 683
repair work, is given to the State of Maryland, or any of its agencies,
such bond or undertaking shall not be approved or accepted unless the
obligors bind themselves therein to the payment of all just debts for
labor and materials incurred, through sub-contract or in any other
manner, by or in behalf of the person, firm or corporation to whom
such contract has been given, and who is named as principal in such
recognizance, stipulation, bond or undertaking. Provided, that in the
event that there is a liability to the State, or any agency thereof, under
any such bond or undertaking, and also a liability thereunder for labor
and materials, then the liability of the State shall be preferred, and
shall be paid and discharged in full before any payment is made for or
on account of the liability for labor or materials; and provided, further,
that any suit or proceedings to enforce the liability under any such
bond or undertaking for the payment of debts for labor or materials
shall be brought in the name of the obligee named in such bond or
undertaking, for the use and benefit pro rata of all creditors for labor
or materials who may be entitled to claim thereunder, and shall be insti-
tuted not later than one year from the completion of the whole work
covered by the contract and the acceptance thereof by the State, or its
agency as aforesaid.
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