Roberts

We concur. When this case was first argued, our attention was not called to the distinction between wharfage and dockage. The case was argued, considered, and decided upon the assumption that the action was for the recovery of wharfage. An inspection of the various provisions of the statute bearing upon the subject shows that the legislature has preserved the etymological distinction between the two terms.

This is an action to recover from the owner of a barge and lighter employed in the business of transferring merchandise to and from vessels in the harbor of San Francisco the amount of dockage due under the regulations of the relators, the board of harbor commissioners. The judgment of the superior court was for the plaintiff, and the defendant appeals from the judgment upon the sole ground that the facts as found do not support it.

The findings, among other things, show: —

“ 2. That bounding upon and within that portion of said bay there are a large number of wharves, docks, and slips, all of which have been constructed by and are owned by the people of the state of California, and plaintiffs, as such board, have jurisdiction over and possession and control of said wharves, docks, and slips. These wharves are about six hundred feet long, extend, ing from the mainland into the waters of the bay, and are about one hundred feet wide, and between them *661 there are spaces, called slips, of about two hundred feet in width. The wharves are kept in repair, and the slips kept dredged to a sufficient depth to permit vessels of all tonnage to enter them and make fast to and use the…