A  motion  for  a  new  trial  may  be  made  after  the  verdict
or  decision  and  before  judgment  or  within  a  limited  time  after
judgment.  It  is  sometimes  made  immediately  after  the  trial  to-
the  trial  judge  himself  instead  of  to  the  court  in  banc,  in  which  case
no  bill  of  exceptions  is  necessary,  the  facts  being  already  within:
the  judge's  knowledge.  If  his  order  granting  or  refusing  a  new
trial  is  to  be  appealed  from,  or  if  the  motion  for  a  new  trial
is  made  before  another  judge  or  before  the  court  in  banc,  it  i»
necessary  to  prepare  a  case  containing  the  party's  exceptions
and  a  history  of  the  proceedings  for  the  information  of  the
court,  which  is  equivalent  to  a  bill  of  exceptions^  and  is  some-
times so  called.  If  an  error  is  conmiitted  by  a  referee  in  a
trial  before  him,  the  proper  remedy  is  not  a  motion  for  a  new
trial,  but  a  motion  to  the  court  to  reject  the  referee's  finding^
or  send  it  back  to  him  for  correction.
1129.  The  judgment,  which  may  in  most  places  be  entered
immediately  after  the  trial,  is  either  a  simple  judgment  for
money  or  for  the  possession  of  land  or  a  chattel,  as  at  oonmion  law,
or  resembles  a  decree  in  equity,  according  to  the  nature  rf  the-
case.  It  may  be  interlocutory  or  final ;  and  after  an  interlocutory
ju€l<riiient  a  writ  of  inquiry  may  issue    to  have    damages  assessed

♦  See  2  1067.
THE  MODtEBN  VBOOEDUSB,  791

«

by  a  sheriffs  jury,  a  hearing  in  damages  be  had  before  tiie  court
with  or  without  a  jury,  or  the  case  may  be  sent  to  a  master  or  re-
feree to  take  an  account  or  find  farther  facts,  as  may  be  necessary.
