(1.) This is an appeal by special leave from an order of the Supreme Court of Fiji, made on 27 November 1934, by the Chief Justice of the said Court, whereby it was ordered that the appellant, George Frier Grahame should be suspended from practice as a barrister and solicitor of the said Court until 1 July 1936, such suspension to take effect from 8th December 1934, and that the appellant should pay the costs of the application and the costs of the Public Trustee incidental thereto. Prior to the date of the said order the appellant had practised as a barrister and solicitor in Fiji for seventeen years, and according to the judgment of the Chief Justice he had been held in respect by his fellow citizens and he had occupied the highest place among them. On 31 October 1934, an application was made by the Attorney- General at the relation of the trustees of the estate of the late Harry Granville Nicholas Carr (hereinafter called the Carr trustees) and of the Public Trustee (as Custodian Trustee of the estate of the late J. H. F. Vollmer, hereinafter called the Vollmer estate) that the appellant should be struck off the rolls of the said Court or that he should be suspended from practice as a barrister and solicitor or that such other order might be made as the Court should think right.
(2.) The ground of the application was that the appellant was alleged to have been guilty of professional misconduct in his capacity as a solicitor in relation to the matters stated in the affidavits which accompanied the application. The case against the appellant may be divided into two parts. The first part relates to the estate of the late H. G. N. Carr and the material facts are as follows: The Carr trustees are Mrs. Esther Rebecca Carr and Frederick Charles Clapcott: probate of the will of the late H. G. N. Carr was granted to them in December 1917. Mrs. Carr, the widow of the late H. G. N. Carr at the material times was living in England and she had given a power of attorney to Samuel Howard Ellis, who acted as solicitor to the said trustees. F. C. Clapcott was living at Ba in the said colony. On 25 August 1923, the Carr trustees granted a lease of certain land situated in the island of Vitilevu, known as "Vunivisi," of an area of about 446 acres to one John Linn Hunt for the term of ten years computed from 1 May 1923 at a yearly rent of ?200. It was provided in the said lease that the lessee, should during the currency of the said lease have the option of purchasing all the right, title and interest, of the lessors in the freehold lands thereby demised for the sum of ?4,000: At the date of the said lease and for some time before that date the appellant acted as solicitor for Hunt.
(3.) On 1 January 1926, Ellis and the appellant became partners, the firm's name being Ellis and Grahame. Generally speaking after the formation of the partnership when both partners were in the colony, Ellis attended to the business of the Carr trustees and the appellant acted for Hunt, but when either member of the firm was absent from the colony, the remaining partner attended to the affairs of all the firm's clients. The "Vunivisi" estate improved considerably in value during the term of the lease. In the autumn of 1932, Hunt consulted the appellant as to the above-mentioned option, which he desired to exercise. Hunt was not able to provide the necessary funds, and he suggested to the appellant that he should find the money required. An arrangement, to which further reference will be necessary, was made between Hunt and the appellant, with the result that on 2 November, 1932, Hunt exercised his option by giving notice in writing to Ellis, which was received by Ellis on 3 November 1932. On that day Hunt saw Ellis and it was agreed, subject to Mr. Clapcott's approval, that the sum of ?1,350 should be paid in cash and that the balance of the purchase money, viz. ? 2,650, should be secured by a mortgage on the property, with interest at the rate of 6 per cent. On 4 November 1932, Ellis left the colony and went to Sydney: he returned on 23rd December 1932. On 8 November 1932, Mr. Clapcott, having been informed by Ellis of the proposed arrangement, wrote to the firm of Ellis and Grahame approving the arrangement except that he thought the interest should be 6? per cent. instead of 6 per cent. On 8th November, the arrangement which had been made between Hunt and the appellant was put into writing, and signed by Hunt and the appellant. The terms thereof are as follows :