Acts and Regulations

84-112 - Legal Aid

Full text
44(1)Where an applicant who is unable to contribute towards the cost of legal aid has an estate or interest in any land in New Brunswick, an area director may require, as a condition of issuing a certificate, that the applicant execute a Certificate of Lien in Form 27 and register the Certificate of Lien in the registry office of the county in which the land mentioned therein is situated.
44(2)Where an area director requires an applicant to execute a Certificate of Lien, the area director shall deliver or transmit a copy of the Certificate of Lien to the Provincial Director.
44(3)The registrar of deeds shall register the Certificate of Lien in the property index and the lien shall appear as an encumbrance against the land or the estate or interest in the land mentioned in the Certificate of Lien.
44(4)Upon registration of a Certificate of Lien, the Law Society has a lien upon the land or the estate or interest in the land mentioned therein for an amount equal to the sum of the disbursements made in proceedings taken on the applicant’s behalf and the value of the professional services provided to the applicant, as set out in Schedule C, to the extent that such amount remains unpaid from time to time, and the Certificate of Lien need not specify this amount.
44(5)Where a person discharges his obligation to pay the cost of legal aid given to him, the lien mentioned in this section is discharged and the Provincial Director shall forthwith deliver or transmit a Certificate of Discharge in Form 28 to the person who executed the Certificate of Lien and to the registry office where the Certificate of Lien is registered.
90-7