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HIRING (from O. Eng. hyrian, a word See also: law, a contract by which one See also: man grants the use of a thing to another in return for a certain price
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It corresponds to the locatio-conductio of See also: Roman law
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That contract was either a letting of a thing (locatio-conductio rei) or of labour (locatio operarum)
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The distinguishing feature of the contract was the price
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Thus the contracts of mutuum, commodatum, depositum and mandatum, which are all gratuitous contracts, become, if a price is fixed, cases of locatio-conductio
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In See also: modern See also: English law the See also: term can scarcely be said to be used in a strictly technical sense
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The contracts which the Roman law grouped together under the See also: head of locatio-conductio—such as those of landlord and See also: tenant, master and servant, &c.—are not in English law treated as cases of hiring but as See also: independent varieties of contract
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Neither in law books nor in ordinary discourse could a tenant See also: farmer be said to hire his See also: land
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Hiring would generally be applied to contracts in which the services of a man or the use of a thing are engaged for a See also: short See also: time
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Hiring Fairs, or See also: Statute Fairs, still held in See also: Wales and some parts of See also: England, were formerly an See also: annual fixture in every important country See also: town
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These fairs served to bring together masters and servants
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The men and maids seeking See also: work stood in rows, the See also: males together and the See also: females together, while masters and mistresses walked down the lines and selected those who suited them
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Originally these hiring-fairs were always held on Martinmas See also: Day (11th of See also: November)
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Now they are held on different See also: dates in different towns, usually in See also: October or November
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In See also: Cumberland the men seeking work stood with straws in their mouths
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In See also: Lincolnshire the bargain between employer and employed was closed by the giving of the " fasten-See also: penny," the earnest See also: money, usually a See also: shilling, which " fastened " the contract for a twelvemonth
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Some few days after the Statute See also: Fair it was customary to hold a second called a See also: Mop Fair or Runaway Mop
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" Mop " (from See also: Lat. mappa, napkin, or small See also: cloth) meant in Old English a tuft or tassel, and the fair was so called, it is suggested, in allusion to tufts or badges worn by those seeking employment
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Thus the See also: carter wore whipcord on his See also: hat, the cowherd a tuft of cow's hair, and so on
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Another possible explanation would be to take the word " mop " in its old provincial See also: slang sense of " a fool," mop fair being the fools' fair, a sort of last chance offered to those who were too dull or slovenly-looking to be hired at the statute fair
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Perhaps " run-away " suggests the idea of those absent through See also: drunkenness, or those who simply feared to face the ordeal of the larger hiring and so ran away
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