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This is the original version (as it was originally enacted).
61Principal instrument, how to be ascertained
(1)In the cases herein-after specified the principal instrument is to be ascertained in the following manner:
(a)Where any copyhold or customary estate is conveyed by a deed, no surrender being necessary, the deed is to be deemed the principal instrument:
(b)In other cases of copyhold or customary estates, the surrender or, grant, if made out of court, or the memorandum thereof, and the copy of court roll of the surrender or grant, if made in court, is to be deemed the principal instrument:
(c)Where in Scotland there is a disposition or assignation executed by the seller, and any other instrument is executed for completing the title, the disposition or assignation is to be deemed the principal instrument.
(2)In any other case the parties may determine for themselves which of several instruments is to be deemed the principal instrument, and may pay the ad valorem duty thereon accordingly.
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