The object of this action was to recover the sum of $53,847.23, with interest, alleged to be due from the Washington Market Company, by virtue of the terms of its charter, to the city of Washington, of which the plaintiff in error is the legal successor. The act of congress to incorporate the Washington Market Company (16 St. at Large, 124) took effect May 20, 1870. By the second section it was enacted that the company—
'Is hereby authorized and empowered to locate and construct a suitable building or buildings upon the following-described grounds, namely, commencing at the intersection of the center line of B street north with the west line of Seventh street west; running thence north along the west side of Seventh street to the southerly side of Pennsylvania avenue; thence westerly along the southerly side of Pennsylvania avenue to the southerly side of Louisiana avenue; thence westerly along the southerly side of Louisiana avenue to the east side of Ninth street west; thence along the east line of Ninth street to the center line of B street; thence along the center line of B street to the place of beginning,-and to use and occupy the same by the erection of a suitable building or buildings for a public market-house, including the necessary stalls and sheds, and also for stores, public halls, and such other purposes as may be determined by said company, not inconsistent with its use as a public market. The buildings herein designated to be used for the purposes of a market shall be used for no other purpose inconsistent therewith, but the same shall remain a public market as hereinbefore described.'
And provision was made, when the building was ready for occupancy, for letting out parts of the same as stalls and stands for market purposes, the rents for which were to belong to the market company. The buildings were to be constructed according to plans set forth in a schedule made part of the act. The company was required to purchase and pay for all buildings and fixtures then on the premises belonging to individuals, at prices to be fixed, if not agreed on, and to completely finish its structures and improvements within two years and sixty days after obtaining possession of the premises described. The twelfth, thirteenth, and fourteenth sections of the act are as follows:
'Sec. 12. And be it further enacted, that the privileges conferred by this act shall be enjoyed by said company for the term of 99 years, unless sooner terminated for a non-compliance or abuse of the conditons herein imposed upon said company, which may be done by suit in the name of the United States, to recover possession of said property. At the end of said period of 99 years, the said lands, with all the erections and improvements thereon shall revert to the United States, unless congress shall by law extend the period of occupation thereof by said company: provided, that if the corporation of the city of Washington shall, after a period of 30 years from the approval of this act, by a vote of the councils thereof, express a desire to possess itself of the said market buildings and grounds, congress may authorize the corporate authorities to take possession of the same upon payment to the said market-house company of a sum of money equal to a fair and just valuation of the buildings and improvements then standing on said grounds, and the mode and manner of ascertaining such valuation shall be determined by congress.
'Sec. 13. And be it further enacted, that the real estate herein described is hereby vested in the said corporation for and during the said term of 99 years, or until a forfeiture of its rights and privileges by a breach of the conditions herein imposed on said company, and said estate shall be taken and considered as a determinable fee. The real and personal property of said corporation shall be subject to assessment and taxation for all district and municipal purposes, in the same manner and to the same extent that like property in the city of Washington owned and possessed by individuals is liable to assessment and taxation.