Second Street, Harrisburg

1. Generally interest is to be calculated only from the time the demand is payable. 2. An act directed damages for opening streets to be paid in six months after the assessment should be approved by the court. _ Reid, that the owner was not entitled to damages so long as he continued in receipt of the rents and profits of the land. 3. Pennsylvania Railroad v. Cooper, 8 P. P. Smith 408, distinguished.

Certiorari to the Court of Quarter Sessions of Dauphin county: No. 100, to May Term 1870. The 35th section of the Act of March 19th 1860, Pamph. L. 194, incorporating the city of Harrisburg, provides for enacting an ordinance by councils for opening streets, for appointing viewers to assess damages, and also provides that the streets shall not be opened till the damages are paid or secured. The 36th section enacts that upon the return and approval by the Court of Quarter Sessions of the assessment of damages, they shall be paid within six months, and if not paid in one yéar they may be collected as other judgments by execution against the county. On the 8th of December 1866, the councils of the city directed Second street to be' opened from North street to Briggs street. Viewers were appointed to assess damages for the property-holders. On the 22d of April 1867, they assessed to John Orth $3267, and to Jehu Dehaven $1975. The report of the viewers was confirmed nisi May 8th 1867, and absolutely December 6th 1867, exceptions having been filed, it did not appear by whom. In the property returned as John Orth’s he had but a life estate, the remainder being in his children. On these properties were erected frame dwelling-houses, through which the line of the street ran, the buildings therefore would have to be removed. Orth and Dehaven continued in the possession of the houses, and had received the rents and profits since the assessment of damages. By an Act of March 12th 1867 the city of Harrisburg was directed to pay the damages for opening streets. On the 15th of November 1869 Christian Haehnlen, trustee for Orth and his children, with the consent of Orth, received the principal of the damages assessed to him, and Dehaven received the principal of the damages assessed to him, with interest from November 1st. On the 30th of November 1869, Haehnlen and Dehaven obtained a rule to show cause why the city of Harrisburg should be ordered to pay interest from April 22d 1867, when the damages were assessed till November 1st 1869. A case stated was filed embodying these facts. On the 3d of May 1870 the court (Pearson, P. J.) discharged the rule. Haehnlen and Dehaven removed the proceedings to the Supreme Court by certiorari.