Meanwhile, the case against the Desrivières heirs, James McGill Desrivières, Henri Desrivières, Francis Desrivières, and Alex McKenzie, had proceeded. Every effort was made to have the suit settled. On December 21, 1833, the Governors authorised the Medical Professors to join them in a Memorial on the subject to the Home Government. The Board of the Royal Institution persistently urged haste, but delay followed delay. At last, on February 7th, 1835, the Order in Council deciding the case in favour of the Board was issued, but it was not forwarded until the 21st of May. But notwithstanding the decision of the Privy Council the heirs of James McGill were slow to accede to the demands of the Royal Institution. On March 8th, 1836, the Secretary of the Board wrote "as to Burnside we are extremely perplexed by the pertinacity of the heirs in resisting and threatening further resistance to the payment of any money on account of the debt due to the Royal Institution unless terms are granted them ... which ... members of the Board think that we could not accept without rendering ourselves personally liable if any further loss should accrue thereby to the College. I should be strongly disposed to try and borrow money to begin with, if I knew what tangible security we could offer." A further delay resulted, and even after the suit was settled the executors of the will hesitated to transfer the money to the Board or the Governors until the Home Government fulfilled certain promises which they understood to have been made. It was not until October, 1837, that the case was brought to final conclusion. As a result of delays, negligence, and unsatisfactory communications, the Governors appointed a special agent in London to conduct their business, with the frank comment, "If documents are sent through the Public Offices to Great Britain by way of the Colonial Office, there will be no end to the delay."