“This was an action of assumpsit brought in the Circuit Court of Massachusetts, against the defendant, as the maker of two promissory notes, both dated at New York, on the 22nd of March, 1811, for the sum of 771 dollars and 86 cents each, and payable to the plaintiff one on the 1st of August, and the other on the 15th of August, 1811. The defendant pleaed his discharge under ‘An act for the benefit of insolvent debtors and their creditors,’ passed by the legislature of New York, the 3d day of April, 1811. After stating the provisions of the said act, the defendant’s plea averred his compliance with them, and that he was discharged, and a certificate given to him the fifteenth day of February, 1812. To this plea there was a general demurrer and joinder. At the October term of the Circuit Court, 1817, the cause came on to be argued and heard on the said demurrer, and the following questions arose, to wit . . .”