All the rules applied in estimating the cost of repairs are not entirely settled, although the most important ones may be.

The repairs and the new work are to conform in material and style to the original character of the ship. (f) And the third is deducted from the wages of labor as well as from all the materials. (g) So it is deducted according to prevailing authorities, from the extraordinary expense of raising funds, from dockage, moving the vessel, and other expenses necessary *for the repairs. (gg) One very important question has arisen, and must often arise. It is, whether the value of the old materials, as of spars, canvas, or copper saved, should be deducted from the

(d) Dupuy v. United Ins. Co. 8 Johns. Cas. 182; Peele v. Merchants Ins. Co. 3 Mason, 73; Bradlie v. Am. Ins. Co. 12 Pet. 378. See contra, Smith v. Bell, 2 Caines, Cas. 153; Pezant v. National Ins. Co. 16 Wend. 463; Fiedler v. N. Y. Ins. Co. 6 Duer, 282; Orrok v. Commonwealth Ins. Co. 21 Pick. 407; Allen v. Commercial Ins. Co. 1 Gray, 154; Heebner v. Eagle Ins. Co. 10 Gray, 143.

(e) Such a clause is inserted in the whole cost of repairs, before the one-third is deducted, or from the two-thirds after that third is deducted. We hold the true rule to be, that the old materials may be directly applied by using them in the repairs, or their value should be deducted from the whole cost of repair, and the insurers held liable only for two-thirds of the balance. (h)

Massachusetts policies, but when the question has arisen, the decision that the deduction is to be made has proceeded as much on general principles and usage as on any effect given to this clause.

(f) Center v. Am. Ins. Co. 7 Cow. 664, 4 Wend. 46.

(g) Stevens & Benecke on Av. Phillips ed. 385, 386.

(gg) 2 Phillips Ins. § 1432. See Potter v. Ocean Ins. Co. 3 Sumner, 46.

If the ship be valued, and Insurance is made only on a part of that value, the insured is regarded as insuring himself for the remaining part. Thus, if the insurance is on half the valuation, one-third is deducted from the whole cost of repair; and of the remaining two-thirds, the insurers pay half, and the owner loses half. (i)

The rule, "one-third off, new for old," has no application to a partial loss on goods. And where there is a partial loss of goods, the insurer pays what the goods have lost from their original invoice value; so that he neither loses nor gains by a rising or a falling market. Therefore, if goods damaged under the policy were sold at the port where they were shipped, for less than their invoice value, the insurer is liable for this loss, although parties who there buy the goods carry them to their port of destination, and they are there worth their original value or more. (j)

A partial loss is sometimes called a salvage loss, when a part of the goods insured are damaged, and are therefore sold in an intermediate port on account of that damage, and the net proceeds are transmitted to the shipper. Then the insurer pays the whole loss on that part of the goods; being, however, credited for the net proceeds received by the shipper. (k)

Generally, insurers are not discharged by any conduct of the master as to the cargo, as by drying, washing, or selling it, or * any part of it, if it was damaged by a peril insured against, and his conduct was required or justified by his duty. (l) Generally, insurers on goods only have nothing to do with the freight; but if the goods are transshipped and sent on, not to benefit the owner by enabling him to earn freight, but to benefit the insurer by saving him from a greater loss, he should be liable for the increased freight. (m)

(h) Byrnes v. National Ins. Co. 1 Cow. 265; Brooks v. Oriental Ins. Co. 7 Pick. 260; Eager v. Atlas Ins. Co. 14 Pick. 141. This question is discussed in 6 Am. Jurist, 252; 6 id. 46.

(i) Stewart v. Greenock Ins. Co. 2 H. L. Cas. 159; Whiting v. Independent Ins. Co. 16 Md. 297.

(j) Lewis v. Rucker, 2 Burr. 1172; Hardy v. Innes, 6 J. B. Moore, 674.

(k) Kettell v. Alliance Ins. Co. 10 Gray, 144; Bridge v. Niagara Ins. Co. 1 Hall, 423.

(l) See Navone v. Haddon, 9 C. B. 30; Rosetto v. Gurney, 11 C. B. 176; The Bark Gentleman, Olcott, Adm. 110.