Fonds - Registration District of Calgary fonds

When Alberta became a province in 1905, it continued the system of registration districts established during the territorial era. These districts operated in parallel to judicial districts and the Clerk of the Court often served as the Registration Clerk. The territorial legislation was not replaced until the passage of Bills of Sale Act (RSA 1922, c. 151). The system of registration districts ended in 1967 by the passage of the Chattel Securities Registry Act (S.A. 1966, c. 12), which consolidated the individual registration districts into a single Central Registry operated as a branch of the Department of the Attorney General.

Through Section 1 of Ordinance No. 7 of 1887 (An Ordinance to Amend and Consolidate , as Amended, Ordinance No. 5 of 1881 entitled “An Ordinance Respecting Mortgages and Sales of Personal Property;” and Ordinances Amending the Same), the Northwest Territories established registration districts. The role of these districts was to allow for the official registration of any mortgage or conveyance of goods or chattels that is not accompanied by immediate delivery and an actual and continued possession. While the initial districts were created by legislation, Section 1 of Ordinance 12 of 1900 permitted the creation of new registration districts by orders-in-council. The system of registration districts was continued when Alberta became a province in 1905.

Section 5 of An Ordinance respecting the Administration of Civil Justice (Ordinance No. 4 of 1878) created the position of Clerk of the Court. The duties of the Clerk included receiving all documents to be filed in court, issuing writs of execution and other court documents, registering judgments, maintaining financial records related to fines and other monies received by the court, keeping a trial docket book, and any other duties as required.

Between 1881 and 1887, the Clerk was also responsible for registering chattel mortgages and liens; after the creation of registration districts in 1887, the Clerk typically served as the Registration Clerk for those districts.

Although the legislation enabling the territorial justice system would change in the transition from District Court to High Court of Justice to Supreme Court of the Northwest Territories, the position of Clerk of the Court remained consistent. Ordinance No. 10 of 1895 permitted the appointment of Deputy Clerks. When Alberta became a province in 1905, the position of Clerk of the Court continued under provincial jurisdiction.