(1)When any duty or penalty has been paid under section 35, section 37, section 40 or section 41, by any person in respect of an instrument, and, by agreement or under the provisions of section 29 or any other enactment in force at the time such instrument was executed some person was bound to bear the expense of providing the proper stamp for such instrument, the first- mentioned person shall be entitled to recover from such other person the amount of the duty or penalty so paid.
