case Gilmore against Horton the damage lie in the declaration be to be  consider as the cause of action and not those find by the verdict this and  many other case of the same nature have be long depend for the judgement of  the court where the damage lie in the declaration be more than ten pound and  less find by verdict Lord Hardwicke chief justice now deliver the opinion of  the court in this manner the principal argument that have be make use of in  support of such proceed the hardship the suitor will be under if in action  which lie in damage the money find by the verdict to be due to the plaintiff  shall be construe to be the cause of action and on the other side it be insist  that if the damage lie in the declaration be to be take to be the cause of  action the act will easy be evade and tender ineffectual we be of opinion the  damage lie in the declaration be the cause of action if this matter rest mere  on the Geo c it may be a very considerable question and some inconvenience may  have attend a determination either way though it seem as it stand upon that  Act only this will be the most proper construction the word cause of action in  the Geo c must mean the charge lie in the declaration and that Act be recite  by the Geo c be material in this case in the clause of the Geo c relate to  modern er p special writ the word cause modern of action must have this  construction or otherwise atorneys c will be liable to penalty which it be not  in their power to avoid in plead the statute of limitation to a executory  contract it be say causan act non to grow progressively c which must refer to  the demand lie in the declaration the statute of Gloucester have restrain the  superior court from proceed in action under forty shilling Inst see also burr  sayer Rep term re a Lord coke say Inst b that clause have receive this  construction that it must appear by the count that the action be for less than  forty shilling and not by the verdict to bring the case under the restriction  of that clause in bro Abr bro Abr jurisdiction pl c it appear that if in a  action bring in a court baron or other inferior court which can hold plea of  action above forty shilling though above forty shilling be recover the  plaintiff may remit what be more than forty shilling and take judgement for  the residue which prove that the damage find by the verdict be not the rule to  go by for if so it will appear by the verdict that the cause of action be such  of which the inferior court have no jurisdiction but whatever doubt there may  be on the Geo c relate to the proceed in Wales that Act be plain intend to  extend the same provision to Wales and in that Act the word be debt or damage  declare on which from the nature of the thing must be intend to mean what in  the other Act be call cause of action and this therefore be a parliamentary  exposition of what they mean by the expression cause of action