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That is a bummer. I have one that is very similar. I left it as is, and it works for honing, stropping and shaving even with the piece broken off at the top.

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That bone scaled one looks pre 1820s to me. The other is later. Just IMHO, if the crack at the wedge end is tight, and there is no crack at the pivot, those scales do not need to be replaced. YMMV.