When an appeal is taken under the provisions of section 3109 of this title, the judge shall forthwith inquire into the facts himself or herself or by a committee appointed by him or her, and make such order as he or she deems proper in the premises. In his or her discretion, he or she may tax costs in favor of the prevailing party and issue execution therefor. Upon the entry of judgment, work may be immediately resumed in accordance therewith.