The opinion
Paterson, J., and McFarland, J., concurring.
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.